🗞️ Why in News Parliament passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, which replaces self-perceived gender identification with medical board-based certification, sparking controversy over the erosion of the NALSA judgment’s principles.
What Changed
| Provision | Original Act (2019) | Amendment Bill (2026) |
|---|---|---|
| Definition | Based on self-perceived gender identity | Based on medical board recommendation |
| Identity certificate | DM issues on self-declaration | DM issues only after medical board report |
| New criminal offence | — | Kidnapping/forcing someone to assume transgender identity: 10 years to life imprisonment + Rs 2 lakh fine |
| National Council (NCTP) | Advisory role | Role unchanged but composition concerns raised |
The NALSA Judgment (2014) — Constitutional Foundation
In National Legal Services Authority (NALSA) v. Union of India (2014), a two-judge bench of the Supreme Court delivered a landmark ruling:
- Recognised transgender persons as “third gender” — directed governments to treat them as socially and educationally backward classes
- Upheld right to self-identification of gender — no requirement of sex reassignment surgery or medical certification
- Grounded in Articles 14 (equality), 15 (non-discrimination), 19 (freedom of expression), and 21 (right to life and dignity)
- Directed Centre and states to provide reservations, education, health, and social welfare measures
The 2026 Amendment effectively overrides the self-identification principle by requiring a medical board’s recommendation — critics argue this rolls back the NALSA judgment.
Controversy and Opposition
Against the Amendment
- Kalki Subramaniam (prominent transgender activist) resigned from the National Council for Transgender Persons (NCTP) in protest
- Opposition parties argued the bill violates the NALSA judgment’s core principle of self-identification
- Concerns that medical gatekeeping will humiliate transgender persons and create bureaucratic barriers
- The new criminal offence (forcing someone to assume transgender identity) could be misused against families supporting gender-questioning children
Government’s Position
- Amendment prevents potential misuse of self-declaration provisions
- Medical board adds credibility and prevents fraudulent claims
- New criminal offence protects vulnerable persons from being coerced into changing gender identity
Timeline of Transgender Rights in India
| Year | Development |
|---|---|
| 2009 | Election Commission allows “Other” gender option on voter ID |
| 2014 | NALSA v. UOI — SC recognises third gender, upholds self-identification |
| 2018 | SC decriminalises Section 377 (Navtej Singh Johar v. UOI) |
| 2019 | Transgender Persons (Protection of Rights) Act enacted |
| 2020 | Transgender Persons (Protection of Rights) Rules notified |
| 2020 | National Council for Transgender Persons (NCTP) constituted |
| 2020 | National Portal for Transgender Persons launched |
| 2026 | Amendment Bill passed — replaces self-identification with medical certification |
SMILE Scheme
The SMILE (Support for Marginalised Individuals for Livelihood and Enterprise) scheme under the Ministry of Social Justice and Empowerment provides:
- Scholarship for transgender students
- Skill development and livelihood support
- Comprehensive rehabilitation for persons engaged in begging
- Health coverage through Ayushman Bharat
UPSC Relevance
Prelims: NALSA judgment (2014), Transgender Persons Act 2019, Section 377, NCTP, Articles 14, 15, 19, 21
Mains GS-2: Rights of vulnerable sections, governance issues in identity certification, judicial activism vs legislative action
Mains GS-4: Ethical dimensions of mandatory medical certification for gender identity
📌 Facts Corner — Knowledgepedia
Transgender Rights in India:
- NALSA v. UOI (2014): SC recognised third gender, upheld self-identification
- Transgender Persons Act: 2019 (original); Amendment Bill 2026
- NCTP: National Council for Transgender Persons (under MoSJE)
- Section 377: Decriminalised by SC in Navtej Singh Johar v. UOI (2018)
- Census 2011: ~4.88 lakh transgender persons (widely considered undercount)
Constitutional Provisions:
- Article 14: Right to equality before law
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth
- Article 19(1)(a): Freedom of speech and expression (includes right to expression of gender identity)
- Article 21: Right to life and personal liberty (includes right to dignity)
Other Relevant Facts:
- Kalki Subramaniam: Artist, activist, writer; resigned from NCTP (March 2026)
- SMILE Scheme: Support for Marginalised Individuals for Livelihood and Enterprise (MoSJE)
- Madras HC (2019): Banned sex reassignment surgery on intersex infants without consent
- Yogyakarta Principles (2006): International principles on sexual orientation and gender identity
Sources: PRS India, The Hindu, Indian Express