Congress MP Shashi Tharoor on Sunday strongly criticized the newly introduced Transgender Persons (Protection of Rights) Amendment Bill, 2026, calling it a “highly regressive” move and warning that it undermines well-established constitutional protections.
Despite his absence from Parliament due to the ongoing preparations for elections in Kerala, Tharoor said he was closely monitoring developments, adding, “I am deeply concerned about the Transgender Persons (Protection of Rights) Amendment Bill, 2026… which has been introduced surreptitiously and without proper consultation with stakeholders.”
In a two-part post on X, the Thiruvananthapuram MP said the bill appears to reflect the rights-based framework created after the Supreme Court’s 2014 NALSA ruling.
Changes in self-identification under fire
Among the concerns raised by Tharoor is the proposed removal of provisions recognizing self-identified gender.
“The amendments delete Article 4 (2) of the 2019 law, which guaranteed the right to self-perceived gender identity, and replace it with medical council verification and bureaucratic certification systems,” he said.
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He said this transfers the power of identity recognition from individuals to the state. “In effect, the state now proposes to sit in judgment on a citizen’s understanding of his or her identity — an interference that does not sit easily with the constitutional promise of dignity and personal liberty.”
Concerns about narrower definition and privacy
Tharoor also criticized the proposed narrowing of the definition of “transgender person”, warning that it could exclude trans men, trans women, and non-binary individuals.
“Equally troubling is the very narrow definition of ‘transgender person’… with gender identity reduced to biological markers or a handful of social and cultural categories,” he said.
He also pointed to provisions requiring reporting of gender-affirming surgeries, raising privacy concerns.
“The push towards legal invisibility”
According to Tharoor, the cumulative effect of the bill could push already marginalized communities into further disappearance.
“Taken together, these provisions risk pushing large sections of India’s transgender community… into legal invisibility,” he said, urging that the bill be referred to the Parliamentary Standing Committee for detailed examination.
In another post, Tharoor questioned the government’s argument that the bill aims to ensure that social welfare reaches the “genuine beneficiaries”.
“The government says the amendments will ensure social care reaches ‘genuine beneficiaries’. However, when eligibility itself is narrowed, many genuine beneficiaries risk being excluded.
He added that the focus appears to be shifting away from strengthening protection. “Instead of strengthening safeguards… the focus appears to be on tightening oversight rather than expanding support.”
Activists are demanding the withdrawal of the draft law
The bill, which was presented in the Lok Sabha on March 13 by Union Minister for Social Justice and Empowerment Virendra Kumar, has drawn strong opposition from transgender activists. They have raised concerns about the lack of consultation, and say the proposed changes weaken protections provided under the 2019 law.
