In brief
India's parliament has recently approved a controversial bill aimed at amending the existing transgender rights law. The legislation proposes changes in how transgender individuals are legally recognized, moving away from self-identification principles established by a 2014 Supreme Court ruling. Critics predict that this could lead to exclusion within the community and undermine fundamental rights, sparking widespread protests. Activists argue that the changes promote further discrimination against transgender, non-binary, and gender-fluid individuals.
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.
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.
The bill removes the right to self-identify and instead limits recognition to those defined by biological or physical traits, including people with intersex variations. It also mandates certification from medical boards and district authorities for those undergoing gender-affirming surgeries.
Activists emphasize that this legislation moves away from the self-identification principle and could fundamentally reshape legal recognition for transgender people, limiting rights, dignity, and autonomy. Many community members and opposition politicians have condemned the bill as draconian, voicing fears that it could exacerbate existing discrimination.
Over the past weeks, members of the LGBTQ community have held protests across India, rallying against what they deem a violation of their rights. The overall sentiment is one of concern that without proper consultations, this bill may not only hinder progress made in recent years but actively regress transgender rights in the country.
