In brief
India's parliament has approved a bill aimed at amending the legal framework for transgender rights, resulting in public outcry and protests. Activists warn that the proposed changes, particularly the removal of the right to self-identify, could marginalize many transgender and non-binary individuals. The government contends that these amendments will better target welfare and protections for the community. As debates continue, the bill awaits the president's approval.
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 assert that the true number is higher and that 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 individuals in India continue to face discrimination and limited access to education, healthcare, and employment, often relying on traditional or informal work. The 2019 Transgender Persons (Protection of Rights) Act aimed to address vulnerabilities faced by the community. Now, the new bill - a proposed amendment to the 2019 law - centers on redefining what it means to be transgender.While the government claims the current definition is too vague and poses challenges in identifying the most marginalized, critics argue that a more restricted definition will exclude many in the transgender community, particularly those who rely on their right to self-identify, including some trans men and women, as well as non-binary and gender-fluid individuals. The bill also requires medical boards' certification and district authorities for anyone undergoing gender-affirming surgeries.Key activists like Laxmi Narayan Tripathi have expressed fiery discontent, stating, 'It has shattered our identity,' while Grace Banu emphasized the community's demand for 'recognition without invasion' and 'rights without humiliation.' The legislation has met with criticism for undermining the dignity and autonomy of transgender persons.A Supreme Court-appointed advisory panel has called on the government to reconsider the bill, warning that the removal of self-identification could regress transgender rights. This has sparked protests across India, drawing participation from various activists and political figures who characterize the bill as draconian.
