- The LGBTQ groups in India are opposing a proposed amendment to transgender rights law
- The bill seeks to limit transgender recognition to traditional identities like hijra and aravani
- The amendment introduces mandatory certification by medical boards and district authorities
Transgender and LGBTQ advocacy groups in India are raising alarm over a proposed amendment to the country’s transgender rights law, warning it could reverse years of legal progress and undermine the right to self-identification.
The bill, currently before parliament, seeks to redefine who qualifies as transgender by limiting recognition to traditional socio-cultural identities such as “hijra” and “aravani”, long-established third-gender communities in Indian society.
However, critics argue that the proposed Transgender Persons (Protection of Rights) Amendment Bill would exclude a wide range of identities, including trans men, trans women, non-binary, and gender-fluid individuals who depend on self-identification for legal recognition.
The amendment also introduces stricter requirements, including mandatory certification by medical boards and district magistrates.
Additional approvals would be required for individuals undergoing gender-affirming procedures, a move activists describe as intrusive and restrictive.
Government officials have defended the proposal, saying it aims to “streamline” existing laws, address implementation gaps, and strengthen protections against exploitation, forced identity, and trafficking.
But for many transgender individuals, the potential impact feels deeply personal.
At a makeshift tea stall in New Delhi, transgender students expressed anxiety about what the changes could mean for their futures.
“I am very scared,” said one student, their voice barely above a whisper.
“If the state decides who you are, what happens to who you know yourself to be?”
Activists say the bill contradicts the landmark 2014 ruling by the Supreme Court of India, which affirmed the right of transgender people to self-identify.
“This bill doesn’t just create problems… it throws our lives out of order completely,” said PhD scholar Vaibhav Das, who identifies as non-binary.
Over the past decade, India has been viewed as progressive in legal recognition of transgender rights compared to many countries.
Yet, discrimination, stigma, and limited access to economic opportunities continue to shape daily realities.
“The moment you take away the right to self-identify, you give that power to the state,” Das said. “A medical board will examine you, and a district magistrate will decide who you are. It’s invasive, and strikes at dignity and autonomy.”
Kabir Maan, an educator and trans man from a marginalised Dalit background, also raised concerns about the added bureaucratic hurdles.
“Do I have to prove myself all over again now?” he asked.
Maan, who is currently undergoing hormone therapy but has not had surgery, fears the bill could disrupt access to healthcare services.
“If a medical board does not recognise me (as a trans-man), will that (access to health care) be taken away?”
Raghavi, a transgender lawyer, described the proposal as a step backwards for constitutional rights.
“By removing the provision of self-determination, we are losing a right recognised (under the constitution),” she said.
Others have labelled the amendment a form of “medical gatekeeping,” warning that additional layers of approval could prevent many individuals from obtaining legal recognition or essential services.
“The judgement of how I identify my body is being put in the hands of the state,” said Ritu, a non-binary activist. “This violates the constitutional right to live with dignity and freedom.”
For many in the community, the concern extends beyond immediate legal implications to what the changes signal about the future of LGBTQ rights in India.
Das, who grew up in Odisha, noted that institutional support for gender identity issues remains limited.
“My journey was slow,” Das said. “I found support from friends but not from the state. Now the law is moving in the opposite direction.”
According to the 2011 census, India’s transgender population stands at nearly 500,000, although activists believe the real number is significantly higher due to stigma and underreporting.
The bill is yet to pass both houses of parliament and may still undergo committee review. Meanwhile, advocacy groups have vowed to resist its passage through protests and legal action.
“We will fight this tooth and nail,” Das said. “Protests are already happening across the country.”