The proposed Transgender Persons (Protection of Rights) Amendment Bill, 2026 has created a major legal and constitutional debate in India over the issue of “self-identification versus state certification” of transgender persons. The Bill seeks to amend the Transgender Persons (Protection of Rights) Act, 2019, and has been strongly criticised by transgender activists, lawyers, and human rights organisations. Under the 2019 law, transgender persons had the right to identify their gender based on their “self-perceived gender identity.” This principle was based on the landmark judgment of the Supreme Court in NALSA v. Union of India, where the Court recognised gender identity as part of the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution.

However, the 2026 Amendment Bill proposes to replace self-identification with a state-controlled certification system. According to the Bill, a transgender person would now need approval from a Medical Board before obtaining a certificate of identity from the District Magistrate. The government has argued that this process is necessary to prevent misuse of welfare schemes and to identify genuine beneficiaries. The Bill has faced strong opposition because critics believe it increases government control over personal identity. Activists argue that forcing transgender persons to undergo medical examination violates dignity, privacy, and bodily autonomy. Many also fear that the new definition of “transgender person” is narrower and may exclude trans men, trans women, non-binary persons, and gender-fluid individuals.

The matter has now reached the Supreme Court of India. Several petitions have challenged the constitutional validity of the Amendment Act, arguing that it violates the right to equality and the right to live with dignity. The Supreme Court has agreed to examine whether removing the right to self-identification is unconstitutional. The controversy highlights an important constitutional question: should a person’s gender identity depend on self-identification, or should it require approval from the State? The Supreme Court’s final decision is expected to have a major impact on transgender rights and constitutional freedoms in India.