Parliament clears Transgender Bill amid Opposition protests, demands to send it to Select Committee

A day after its passage in the Lok Sabha, the Rajya Sabha on Wednesday cleared the controversial Transgender Persons (Protection of Rights) Amendment Bill, 2026, by voice vote, paving the way for a more precise definition of “transgender person”, removing provisions recognising self-perceived gender identity, and mandating certification through a medical board.

Calling it a “black day” for the transgender community, the Opposition criticised the BJP-led Centre for “rushing” the legislation through without adequate consultation or scrutiny, and demanded that it be referred to a Select Committee.

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Opposition parties, including the Congress, DMK, SP, AAP, BJD and AITC, said the Bill violates the principles of dignity and equality laid down in the Supreme Court’s landmark NALSA judgment in 2014 that officially recognised transgender people as the “third gender,” and affirmed their fundamental rights.

While trans-rights activists termed the Bill “regressive” and “anti-transgender”, warning of continued protests, it is learnt that a Supreme Court-constituted advisory committee, headed by former Delhi High Court judge Justice Asha Menon, also sent a resolution to the government requesting it to withdraw the bill, flagging that the proposal to “deny self-identification” of gender contravenes the Supreme Court’s 2014 NALSA v Union of India verdict.

Backing the changes, the Treasury benches, however, argued that unrestricted self-identification risks misuse of benefits and reservations, if introduced in the future.

Empowerment Minister Virendra Kumar said the changes were aimed at ensuring targeted protection and welfare, and that a clear definition was necessary so that those at the margins could access benefits. Emphasising the work done by the Narendra Modi government for the welfare of the community, the minister said the changes focus on individuals who face social exclusion due to biological factors. They ensure dignity, legal recognition and safeguards, Kumar said, also pointing to enhanced penalties for offences against transgender persons.

Amending the Transgender Persons (Protection of Rights) Act, 2019, and seeking to remove “certain doubts and difficulties” regarding the scope of the definition of transgender persons, the legislation specifies that a transgender person “shall not include” individuals with different sexual orientations or self-perceived gender identities. It defines transgender persons as those belonging to recognised socio-cultural identities such as kinner, hijra, aravani, and jogta, as well as eunuchs, persons with intersex variations, or individuals with congenital variations in sex characteristics.

The Bill also provides for the designation of an “authority” to assist in identification, which may seek expert advice where required.

However, arguing that it removes the right to self-perceived identity and restricts recognition to those with specific biological traits or within certain traditional communities, activists point that many individuals identify as transgender across a broader spectrum, including gender queer and female-to-male identities, which may now fall outside the law’s protection.