Congress MP Shashi Tharoor strongly criticised the newly introduced Transgender Persons (Protection of Rights) Amendment Bill, 2026, calling it a “deeply regressive” step that undermines established constitutional protections.
Concerns Raised by Shashi Tharoor
Though currently occupied with Kerala election preparations, Tharoor stated he is closely tracking the bill’s progress, describing its introduction as “surreptitious” and lacking proper consultation with stakeholders. He believes the bill reverses the rights-based framework established by the Supreme Court’s 2014 NALSA judgment.
Self-Identification Under Fire
A key concern raised by Tharoor is the proposed removal of Section 4(2) of the 2019 Act, which guaranteed the right to self-perceived gender identity. The amendments would replace this with a system of verification by medical boards and bureaucratic certification.
Tharoor argued this shifts the authority of identity recognition from individuals to the state, stating, “In effect, the State now proposes to sit in judgment over a citizen’s own understanding of who they are — an intrusion that sits uneasily with the constitutional promise of dignity and personal liberty.”
Narrowed Definition and Privacy Concerns
Tharoor also criticised the proposed narrowing of the definition of “transgender person,” warning it could exclude trans men, trans women, and non-binary individuals. He noted the definition appears to reduce gender identity to biological markers or limited socio-cultural categories.
provisions mandating reporting of gender-affirming surgeries raise privacy concerns, according to Tharoor.
Potential for Legal Invisibility
Tharoor expressed concern that the cumulative effect of the bill could push India’s transgender community back into “legal invisibility.” He urged the bill be referred to a parliamentary Standing Committee for detailed scrutiny.
He questioned the government’s rationale that the amendments will ensure welfare reaches “real beneficiaries,” arguing that narrowing eligibility could exclude genuine recipients of aid. He believes the focus is shifting from strengthening protections to “tightening gatekeeping.”
Transgender activists have also voiced opposition to the bill, citing a lack of consultation and concerns that the proposed changes dilute protections provided under the 2019 law.
Frequently Asked Questions
What is the main concern regarding the proposed amendments?
The primary concern is the removal of provisions guaranteeing the right to self-perceived gender identity, replacing it with medical board verification and bureaucratic certification.
What was the significance of the 2014 NALSA judgment?
The 2014 NALSA judgment established a rights-based framework for transgender individuals, which the current bill appears to reverse, according to Shashi Tharoor.
What is Shashi Tharoor’s recommendation regarding the bill?
Tharoor has urged that the bill be referred to a parliamentary Standing Committee for detailed scrutiny.
As this bill moves forward, what impact might these proposed changes have on the lived experiences of transgender individuals in India?
