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.
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. Additionally, the bill mandates certification from medical boards and district authorities for those undergoing gender-affirming surgeries.
Activists say the new bill moves away from the self-identification principle of the 2014 court ruling and could reshape how transgender people are legally recognised. Critics further argue that the new definition could exclude many transgender people, particularly cisgender and non-binary individuals, while the requirement for medical certification undermines dignity and autonomy.
Transgender rights activist Laxmi Narayan Tripathi lamented, 'It has shattered our identity,' emphasizing that their community seeks 'recognition without invasion' and 'rights without humiliation.' A Supreme Court-appointed advisory panel has even urged the government to withdraw the bill, stressing that its removal of self-identification goes against the 2014 ruling. This advisory body warns of setbacks in efforts to protect transgender rights, amidst protests across India by the LGBTQ community against the proposed changes.
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.
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. Additionally, the bill mandates certification from medical boards and district authorities for those undergoing gender-affirming surgeries.
Activists say the new bill moves away from the self-identification principle of the 2014 court ruling and could reshape how transgender people are legally recognised. Critics further argue that the new definition could exclude many transgender people, particularly cisgender and non-binary individuals, while the requirement for medical certification undermines dignity and autonomy.
Transgender rights activist Laxmi Narayan Tripathi lamented, 'It has shattered our identity,' emphasizing that their community seeks 'recognition without invasion' and 'rights without humiliation.' A Supreme Court-appointed advisory panel has even urged the government to withdraw the bill, stressing that its removal of self-identification goes against the 2014 ruling. This advisory body warns of setbacks in efforts to protect transgender rights, amidst protests across India by the LGBTQ community against the proposed changes.
