A 2026 amendment to the Transgender Persons (Protection of Rights) Act, 2019, has been passed in Parliament, changing how transgender identity is recognised in India.
In 2014, the Supreme Court in NALSA v. Union of India recognised the right to self-identify one’s gender as a fundamental right.
Legal recognition is now tied to a Certificate of Identity issued by a District Magistrate, with a process of verification. In some cases, this may involve institutional or medical validation, not just self-declaration.
The definition of who qualifies as “transgender” is also being tightened. This means that while individuals can identify as they wish, not all identities may be recognised within the legal system.
In India, legal recognition directly affects access to documents, healthcare, employment, housing, and public systems. Most importantly, moral support and self-reliance, ‘atma nirbharta,’ are equal to the amount of freedom you have in your identity.
The bill has seen responses across the country, including protests, parliamentary opposition, and resignations from members of the National Council for Transgender Persons.
Revisiting a position the Supreme Court had already recognised as a step forward, without clear reasons, raises valid questions.
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