India's parliament has passed a controversial bill that seeks to change how transgender people are legally recognised and their right to self-identify, amid protests by opposition parties and the LGBTQ community. The government says the changes will make welfare benefits more accessible and strengthen an existing law against exploitation and trafficking, but critics warn it could exclude many transgender, non-binary, and gender-fluid people.
India is estimated to have around two million transgender people, though activists say the true number is higher and legal recognition remains uneven. The legislation was approved by both houses this week and now needs the president's assent to become law. In 2014, India's Supreme Court recognised transgender people as a 'third gender' and affirmed their right to self-identify.
Despite legal protections, many transgender people in India continue to face discrimination and limited access to education, healthcare, and formal employment, often relying on traditional or informal forms of work. In 2019, the Transgender Persons (Protection of Rights) Act was enacted, aimed at addressing vulnerabilities faced by the community. Now, the new bill - essentially a proposed amendment to the 2019 law - centres on how a transgender person is defined.
The government says the current definition is too vague and makes it difficult to identify those most marginalised. It argues that a narrower definition will help ensure welfare benefits - such as job reservations and healthcare support - reach those who need them. It states that the changes are intended to protect people facing 'extreme and oppressive' discrimination and to prevent exploitation and trafficking.
The bill removes the right to self-identify and instead limits recognition to those defined by biological or physical traits. This includes people with intersex variations as well as traditional identities long used among transgender communities in India. The bill also mandates certification from medical boards and district authorities for those undergoing gender-affirming surgeries.
Activists argue this new bill distances itself from the self-identification principle of the 2014 ruling and could reshape the legal recognition of transgender individuals. Critics further claim that the new definition risks excluding many, particularly those relying on self-identification. They also argue that mandatory medical certification undermines dignity and autonomy, with activists like Laxmi Narayan Tripathi expressing concerns that the bill 'has shattered our identity.'
Following weeks of protests, a Supreme Court-appointed advisory panel requested the government withdraw the bill, arguing that the changes contradict the 2014 ruling and calling for more comprehensive consultations to safeguard transgender rights. Opposition political figures have condemned the bill as 'draconian,' sparking a nation-wide discourse on the protection and recognition of transgender rights.
India is estimated to have around two million transgender people, though activists say the true number is higher and legal recognition remains uneven. The legislation was approved by both houses this week and now needs the president's assent to become law. In 2014, India's Supreme Court recognised transgender people as a 'third gender' and affirmed their right to self-identify.
Despite legal protections, many transgender people in India continue to face discrimination and limited access to education, healthcare, and formal employment, often relying on traditional or informal forms of work. In 2019, the Transgender Persons (Protection of Rights) Act was enacted, aimed at addressing vulnerabilities faced by the community. Now, the new bill - essentially a proposed amendment to the 2019 law - centres on how a transgender person is defined.
The government says the current definition is too vague and makes it difficult to identify those most marginalised. It argues that a narrower definition will help ensure welfare benefits - such as job reservations and healthcare support - reach those who need them. It states that the changes are intended to protect people facing 'extreme and oppressive' discrimination and to prevent exploitation and trafficking.
The bill removes the right to self-identify and instead limits recognition to those defined by biological or physical traits. This includes people with intersex variations as well as traditional identities long used among transgender communities in India. The bill also mandates certification from medical boards and district authorities for those undergoing gender-affirming surgeries.
Activists argue this new bill distances itself from the self-identification principle of the 2014 ruling and could reshape the legal recognition of transgender individuals. Critics further claim that the new definition risks excluding many, particularly those relying on self-identification. They also argue that mandatory medical certification undermines dignity and autonomy, with activists like Laxmi Narayan Tripathi expressing concerns that the bill 'has shattered our identity.'
Following weeks of protests, a Supreme Court-appointed advisory panel requested the government withdraw the bill, arguing that the changes contradict the 2014 ruling and calling for more comprehensive consultations to safeguard transgender rights. Opposition political figures have condemned the bill as 'draconian,' sparking a nation-wide discourse on the protection and recognition of transgender rights.
