CPI-M opposes Transgender Persons Amendment Bill, seeks immediate withdrawal

The Communist Party of India (Marxist) on Saturday strongly opposed the proposed Transgender Persons (Protection of Rights) Amendment Bill, 2026, alleging that the legislation undermines the constitutional rights of transgender persons and violates the principle of self-determination of gender identity recognised by the Supreme Court.

In a statement issued by its Polit Bureau, the party called for the immediate withdrawal of the Bill, arguing that the proposed amendments negate the landmark ruling in National Legal Services Authority v. Union of India, widely known as the NALSA judgment, which affirmed the right of individuals to self-identify their gender.

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“The Communist Party of India (Marxist) expresses its strong opposition to the Transgender Persons (Protection of Rights) Amendment Bill, 2026,” the statement said. “These amendments fundamentally negate the principle of self-determination of gender identity affirmed by the Supreme Court in the NALSA v. Union of India (2014).”

The Bill, which seeks to amend the Transgender Persons (Protection of Rights) Act, 2019, was introduced in the Lok Sabha on Friday. The government has stated that the amendment aims to broaden the legal definition of transgender persons and make existing protections more inclusive so that a wider group of individuals can access the benefits and safeguards provided by the legislation.

However, the CPI(M) argued that the proposed changes move in the opposite direction. According to the party, the amendments replace the recognition of self-perceived gender identity with a system that requires certification from a medical board headed by a Chief Medical Officer. It also objected to provisions allowing district authorities to examine such certificates before issuing identity documents.

“Clause 2 omits recognition of self-perceived gender identities and substitutes it with a definition requiring certification by a medical board headed by a Chief Medical Officer,” the statement said. “Section 4 further empowers the District Magistrate to scrutinise these certificates before issuing identity documents, subjecting transgender persons to invasive bureaucratic and medical oversight.”

The party said such provisions could violate fundamental rights guaranteed under the Constitution, particularly the rights to privacy, dignity and personal autonomy under Article 21.

It also criticised what it described as a narrowing of the legal definition of transgender persons. According to the CPI(M), while the 2019 law recognised trans men, trans women, gender-queer persons and individuals with diverse gender identities, the proposed amendment restricts recognition largely to certain socio-cultural communities and persons with intersex variations.

“The definition of transgender persons has been drastically narrowed,” the statement said. “The Statement of Objects and Reasons explicitly disavows any intention to protect persons with self-perceived gender identities. This deliberate exclusion erases trans men, non-binary persons and gender-fluid individuals from the ambit of legal protection.”

The party also criticised the Union government led by Prime Minister Narendra Modi and the ruling Bharatiya Janata Party, alleging that the legislation reflects an attempt to impose a rigid social framework.

Referring to the government’s position before the Supreme Court regarding the ban on blood donations by transgender persons, the CPI(M) termed it discriminatory and indicative of a broader pattern of exclusion.

Calling the proposed amendment “retrograde,” the party said it would replace the limited protections available under the 2019 law with what it described as a regime of state surveillance and bureaucratic control.

“This retrograde amendment systematically dismantles the limited protections enshrined in the 2019 Act and replaces them with a regime of state surveillance, medical gatekeeping and bureaucratic control,” the Polit Bureau said. “This Bill is an assault on the constitutional rights of transgender persons and must be withdrawn forthwith.”

The party also emphasised the need for wider consultations before introducing legislation affecting specific communities. “Legislations that impact the rights and lives of any particular community should not be introduced without prior consultations with stakeholders,” it added.

The debate on transgender rights in India gained prominence after the Supreme Court’s 2014 NALSA judgment recognised transgender persons as a “third gender” and affirmed their fundamental rights.

The 2019 law was later enacted to prohibit discrimination against transgender persons and provide welfare measures, though some of its provisions had also drawn criticism from activists who argued that they diluted the principle of self-identification.