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ReportOUT response to India's Transgender Persons Amendment Bill, 2026

India's national flag
India's Transgender Persons Amendment Bill threatens Trans and non-binary rights in the country. Pic Naveed Ahmed Unsplash

Our attention turns to India this week, following the release of the Transgender Persons (Amendment) Bill 2026. This amendment seeks to replace the right to self-identification on mandatory medical assessments and district-level screening processes. It also introduces a narrowed and exclusionary definition of transgender identity, effectively erasing recognition of trans men and non-binary persons.  

The Bill also dismantles key protections under Section 4(2) of the 2019 Act.  Transgender, non-binary, and gender-diverse communities across India, alongside civil society organisations, legal experts, and human rights advocates, are raising urgent concerns about the proposed legislation. Advocacy groups including the Asia Pacific Transgender Network (APTN) and local movements have strongly condemned the Bill. 

The proposed changes directly contradict the landmark 2014 NALSA judgment, which affirmed the right to self-identify one’s gender without invasive procedures. By reintroducing medical gatekeeping and “biological” definitions, the Bill reinforces stigma, violates the right to privacy, and undermines the dignity and autonomy of transgender people. Legal experts have warned that these provisions may be unconstitutional and represent a significant rollback of hard-won rights. 

As of March 24, 2026, the Bill has been listed for passage in the Lok Sabha despite widespread national opposition and ongoing protests in major cities. 

The developments are unfolding across India, with visible resistance in cities such as Delhi and Pune, and growing concern from regional and international human rights bodies. 

The Bill operationalises exclusion through mandatory medical boards and administrative approval processes, placing identity determination in the hands of state authorities rather than individuals. This shift risks institutionalising discrimination, increasing barriers to legal recognition, and exposing transgender people to surveillance, harassment, and denial of basic rights. 

As an organisation, ReportOUT call for urgent solidarity and renewed commitment to protecting the fundamental rights, dignity, and self-determination of all transgender and gender-diverse people in India.


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