Amnesty International has criticized the President of India, Droupadi Murmu, for giving assent to the Transgender Persons (Protection of Rights) Amendment Bill, 2026, calling it a serious setback for human rights. The amendment removes the right of transgender and gender-diverse individuals to self-identify, requiring them instead to undergo official verification and approval by authorities.
According to Amnesty International, the law deepens state intrusion into the lives of transgender people and represents a fundamental shift in how identity is treated. Instead of being recognized as inherent, gender identity is now subject to certification and control by the state.
The amendment provides a restrictive definition of “transgender,” limiting recognition to certain socio-cultural or biological categories, and merges intersex persons under the transgender category, erasing distinctions between sex characteristics and gender identity. It directly contradicts the Supreme Court’s 2014 NALSA v. Union of India ruling, which affirmed self-identification as a matter of personal dignity, autonomy, and freedom without requiring medical procedures.
Under the new law, gender identity must be verified by a medical board and recognized by the District Magistrate, replacing personal autonomy with state-controlled verification. This shift undermines international human rights standards and the Supreme Court’s judgment. The law also raises concerns about privacy and surveillance, as medical institutions are allowed to share details of gender-affirming procedures with authorities, potentially exposing individuals to harassment and discouraging access to healthcare.
The amendment introduces a criminal framework penalizing anyone who “compels,” “forces,” or “allures” a person or child to present as transgender, with penalties up to life imprisonment. Coupled with the narrow definition of transgender persons, these provisions could target kinship networks, civil society, medical professionals, and parents, increasing vulnerability for the community.
The bill was passed despite objections from a Supreme Court-appointed expert committee and opposition members of Parliament, who urged broader consultation with transgender communities. The Rajasthan High Court has also warned that legal changes cannot undermine constitutional guarantees established under the NALSA judgment.
Amnesty International and transgender rights activists have called for the government to halt implementation and engage in genuine, inclusive consultations, emphasizing that transgender voices must guide any decision-making that affects their lives. The bill passed the Lok Sabha on 24 March and the Rajya Sabha on 25 March amid sustained criticism over the lack of proper stakeholder engagement.
