The Lok Sabha on Tuesday passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, despite protests from opposition members and backlash from transgender activists. Protests have been held across the country by activists, who said that the proposed legislation narrows the scope of the 2019 Act by changing the definition of a transgender person, leaving out many trans men and women, non-binary and gender-fluid individuals, and others who depend on self-identification.
In an exclusive conversation with HT, Nationalist Congress Party-Sharadchandra Pawar (NCP-SP) spokesperson Anish Gawande hit out at the proposed legislation and raised concerns over the lack of consultation with the transgender community on the proposed changes. He also said the bill removes the principle of self-identification, which could deny recognition to many people within the community.
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Inside the Trans Amendment Bill: An overview
Here’s a brief overview of the proposed changes in the bill:
Notably, this bill changes how a trans person is defined. Under the new proposal, protection would apply only to those “who face severe social exclusion due to biological reasons for no fault of their own and no choice of their own.”
Basically, it moves away from the idea of self-identification. The law would apply to a narrower group of transgender people from certain socio-cultural communities such as hijras, kinnars, aravanis and jogtas. This would reduce the number of people recognised as transgender.
{{/usCountry}}Basically, it moves away from the idea of self-identification. The law would apply to a narrower group of transgender people from certain socio-cultural communities such as hijras, kinnars, aravanis and jogtas. This would reduce the number of people recognised as transgender.
{{/usCountry}}It would also propose mandatory certification by medical boards and district magistrates, along with additional approvals for those undergoing gender-affirming surgery.
The bill also seeks to punish those “forcing a person to present as a transgender person and engage in begging, servitude or bonded labour”. The punishment ranges from five to 10 years in prison and a fine of at least one lakh rupees if the “victim” is an adult, and 10 to 14 years in prison with a fine of at least three lakh rupees if the “victim” is a child.
Anish Gawande on Trans Amendment Bill
Here are some snippets from the interview:
(Edited excerpts)
1. The bill has been passed in the Lok Sabha despite protests. What, according to you, is the main issue with this proposed legislation?
Anish: There are multiple issues with the bill. But the major issue is that the very people the bill aims to protect were not consulted before the amendments to the Transgender Persons (Protection of Rights) Act, 2019. This is slightly bizarre.
On one hand, there is the Union minister for social justice and empowerment (Virendra Kumar), who claims that the move is meant for the welfare of transgender people. However, on the other hand, members of the trans community are protesting on the streets. So, the community you are fighting for opposes your actions.
Apart from consultation, there are three major problems with this bill. These include the lack of recognition of gender identity and self-determination, the push towards medicalising the community, and the criminalisation of support systems.
You will put NGOs in jail for helping trans people running away from their homes. You will criminalise influencers for saying trans rights are important because that might appear as compelling others to become transgender. And next, you might be criminalising politicians for speaking up on trans rights.
2. As someone who is a member of the LGBTQ+ community and someone who is vocal about their rights, what policy changes would you propose so that other members of the community do not face such challenges?
Anish: Rights are not meant to be begged for. They are meant to be demanded. And for demanding something, you need representation. My party leader, Supriya Sule, said in the Lok Sabha that if the government is serious about its support, it should provide reservations in Parliament for transgender people. Follow the spirit of the 2014 NALSA judgment and give people representation where it is deserved.
The rights of LGBTQ+ people go beyond this issue. The government has failed to consider my party’s private member’s bill on same-sex marriage in Parliament. They are also not criminalising same-sex sexual assault against men.
Even on basic transgender rights, if the government says it supports them, why is there no concrete action? The government that falls flat on its face on transgender rights must first implement its own schemes.
If the government wants to walk the talk, reserve seats for transgender people in Parliament. The Opposition stands united.
3. What would your one message be to our readers on how the general public can embrace diversity when it comes to trans people and members of the broader LGBTQ+ community?
Anish: It is not very complicated. You do not need to fully understand what LGBTQ+ means. All you need to understand is humanity.
India is an ancient society that has always shown the world how to lead with care. We are a society in which kindness is placed as the most important virtue. Building community is a part of society, which includes people who may not look or dress like us, and that diversity has always been respected.
This is a country where diversity is its greatest strength, and the most important thing is embracing it.
4. Lastly, what message would you give to members of the LGBTQ+ community who are hesitant to come out due to fears of discrimination and social exclusion?
Anish: Many young people today are afraid to come out. Some feel the law is not in their favour, while others feel uncertain about their future in the country. My message to them is to be brave and be kind to yourself.
We will continue fighting regressive laws in the future. But one thing that will remain constant is that you will always win.