The lower house of the bicameral parliament in India, the Lok Sabha, has passed a bill which seeks to introduce restrictions on who can identify as trans. It will now go before the Rajya Sabha, after which the president can approve it.
The Transgender Persons (Protection of Rights) Amendment Bill 2026 is a significant rollback on the rights of trans Indian people to self-identification, which had previously been guaranteed in 2014. Under the new bill, should it pass its final stage, trans people in India would have to go before a medical board. This board will then advise the district magistrate, who will have the final say on whether the trans person can obtain a new ID card.
In addition to the new process for updating official documents, the amendment also increases the maximum penalty for those convicted of causing harm to trans people from two years to 14 years. MP Virendra Kumar, India’s Social Justice and Employment Mini said that the pairing of tougher penalties with increased restrictions on expression of gender identity was required so that “only those who face social boycott due to biological issues” are protected.
He told India Today: “To ensure that transgender persons can avail themselves of the benefits of this Act, it was necessary to provide a precise definition.”
Opposition parties have objected to the bill and refuted claims that it protects the trans community. As India Today reports, MP Samajwadi Party MP Anand Bhadauria said: “If the bill is for their welfare, why are they opposing it in the streets?”
The bill’s amendment has been met with widespread protests across several Indian cities, including New Delhi, Pune, Hyderabad and Kolkata. At these demonstrations, LGBTQ+ activists took to the streets, while a petition objecting to the proposal garnered over 13,000 signatures.
“The Transgender Persons (Protection of Rights) Amendment Bill, 2026 threatens to undo a decade of legal progress and community struggle,” the petition reads.
“In the name of protection, it in fact deprives many persons of their identities and rights. If all it is meant to be is a protective legislation, it needs to focus on the many substantiated recommendations around employment, education, and alleviation from violence made by the transgender movements and those given by the MoSJE.”
Following the news, Queer Asian Pride Ireland released a statement expressing concern over the passage of the Bill.
“Queer Asian Pride Ireland expresses deep concern over the recent passage of the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in India’s lower house of parliament”, the statement reads. “The proposed legislation introduces mandatory medical scrutiny for legal gender recognition, effectively rolling back the right to self-identification affirmed by the Indian Supreme Court in 2014.
Under the bill, transgender individuals would be required to undergo evaluation by a medical board, with final approval resting with a district authority—marking a significant shift away from self-determined identity toward institutional gatekeeping.
Human rights advocates, community members, and opposition leaders have widely criticised the bill, arguing that such provisions pathologise trans identities, undermine dignity and privacy, and risk further marginalisation of already vulnerable communities.
We further note the broader implications of this development in an international context. In recent years, India has increasingly been considered a “safe country” in parts of the EU asylum framework, contributing to stricter assessments and reduced acceptance rates for LGBTQIA+ asylum seekers, including trans individuals. While legal frameworks in India show some protections on paper, persistent gaps in implementation, social stigma, and reported barriers to accessing rights continue to impact lived realities.
In this context, the introduction of additional legal and bureaucratic barriers to gender recognition raises serious concerns about the potential for increased vulnerability and displacement of trans people, while simultaneously limiting their ability to seek international protection.
Queer Asian Pride Ireland stands in solidarity with trans communities in India and calls for legislative approaches grounded in self-determination, dignity, and human rights.”
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