Opposition leaders and members of the transgender community have called for the withdrawal of the Transgender Persons (Protection of Rights) Amendment Bill, 2026, at a public hearing held in New Delhi on Sunday, citing concerns over its impact on rights and protections.
Leaders from parties including the Rashtriya Janata Dal, Communist Party of India (Marxist), Nationalist Congress Party (Sharadchandra Pawar), and Indian National Congress said the proposed amendments could adversely affect transgender persons.
Rajya Sabha MPs Renuka Chowdhury, Manoj Kumar Jha, and John Brittas, along with Congress leader Sandeep Dikshit, criticised the bill, arguing that it excludes sections of the transgender community and weakens existing protections. Jha described the issue as a clash between constitutional and majoritarian morality, while Chowdhury called for collective resistance.
Brittas said the amendments restrict access to legal identity and raise concerns about self-determination. He questioned the role of the state in defining identity and pointed to countries such as Denmark, Malta, and Ireland that have adopted self-identification frameworks.
The bill, introduced by Union minister Virendra Kumar during the Budget Session of Parliament, aims to prevent misuse of welfare schemes for transgender persons. However, activists argue that it narrows the definition of transgender identity to certain socio-cultural groups and excludes those identifying based on self-perceived gender.
Concerns have also been raised over a proposal to introduce a medical board for certification, which activists say could create barriers to accessing welfare benefits. Tamil Nadu-based activist Grace Banu said the bill does not address issues such as violence, stigma, and lack of livelihood opportunities.
Activist Nikunj Jain warned that the amendments risk excluding trans men from policy recognition, while researcher Krishanu argued that concerns over misuse of funds are misplaced, given low utilisation of existing schemes.
Since the bill’s introduction on March 13, protests and public meetings have been held across the country demanding its withdrawal. The government has maintained that the amendments are intended to streamline welfare delivery, including schemes such as the SMILE scheme. However, critics argue that proposed penalties for offences against transgender persons remain weaker than those under other laws.
The Ministry of Social Justice and Empowerment and the Bharatiya Janata Party had not officially responded to the concerns at the time of reporting.