By 
30-03-2026 | Luna Djellout | Asia Team Researcher, Global Human Rights Defence.
India has approved a controversial amendment to its transgender law, raising concerns among human rights defenders about potential restrictions on legal recognition, privacy, and self-identification rights.
On March 24 and 25, 2026, both houses of the Indian Parliament approved a bill proposing an amendment to its transgender law. Subsequently, President Droupadi Murmu approved the bill on March 30th. It still needs to be enforced by the Central Government.
The amendment proposes to modify the Transgender Persons (Protection of Rights) Act, 2019. It was adopted following a 2014 Supreme Court ruling in NALSA v. Union of India. This historic judgment recognised transgender people as a third gender, and the right to self-identification was recognised as part of the constitutional protection of dignity, autonomy, and freedom of expression. Thus, the Transgender Persons (Protection of Rights) Act allowed transgender individuals to obtain a ”certificate” based on their right to self-identification
Under the revised law, some of the gains from NALSA v. Union of India are weakened as the definition of who qualifies as transgender is narrowed. Notably, it provides that gender identity must be legally certified through a state procedure that includes medical or administrative review.
The new law is described as a regressive step, and human rights defenders have spoken out against the risks of exclusion and marginalisation resulting from the narrowed definition and the suppression of the right to self-determination. As a result, some people will be denied legal recognition and may be excluded from essential services and social protections.
Moreover, human rights defenders have particularly raised concerns about the risks of infringements to privacy rights as the law allows medical institutions to share details of gender-affirming procedures with authorities. They also stress that the increased state scrutiny over identity could expose individuals to harassment and discourage them from seeking recognition.
Furthermore, it is said to create an apparent contradiction with the 2014 judgment, giving hope that the law will fail constitutional checks. The explicit request of a Supreme Court-appointed expert committee on transgender rights to withdraw the bill and engage in consultation with transgender communities reinforces this view.
Calls for the Indian government to reconsider the amendment and align it with constitutional principles and international human rights standards have intensified.
