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 who are 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.
However, it has been criticized for removing the right to self-identify, limiting recognition to those defined by biological or physical traits, which includes individuals with intersex variations along with traditional identities utilized in Indian transgender communities. The bill also mandates certification from medical boards and district authorities for gender-affirming surgeries.
Activists express concern that the new bill shifts away from the self-identification principle established by the Supreme Court, arguing it could further marginalize many within the transgender community including non-binary and gender-fluid individuals. Following public outcry, which included protests from the LGBTQ community and criticism from opposition politicians, an advisory panel has urged the government to withdraw the bill, warning that these changes pose a significant setback to efforts aimed at protecting 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 who are 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.
However, it has been criticized for removing the right to self-identify, limiting recognition to those defined by biological or physical traits, which includes individuals with intersex variations along with traditional identities utilized in Indian transgender communities. The bill also mandates certification from medical boards and district authorities for gender-affirming surgeries.
Activists express concern that the new bill shifts away from the self-identification principle established by the Supreme Court, arguing it could further marginalize many within the transgender community including non-binary and gender-fluid individuals. Following public outcry, which included protests from the LGBTQ community and criticism from opposition politicians, an advisory panel has urged the government to withdraw the bill, warning that these changes pose a significant setback to efforts aimed at protecting transgender rights.
