Congress leader Shashi Tharoor has expressed serious reservations about the proposed changes in the Transgender Persons (Protection of Rights) Amendment Bill, 2026. Tharoor highlighted that these changes could weaken key protections and reverse rights acknowledged by the Supreme Court. Despite being away from Parliament due to the Kerala elections, Tharoor closely monitored the legislative developments and criticized the Bill’s introduction without sufficient stakeholder consultation.
Tharoor pointed out that the amendments in question seem to deviate from the rights-based framework established post the Supreme Court’s 2014 NALSA judgment, which upheld the right to self-perceived gender identity. He specifically criticized the proposed removal of Section 4(2) of the 2019 Act, emphasizing that replacing it with a system of medical verification might undermine this fundamental principle.
The Congress MP raised concerns that the State could potentially determine an individual’s gender identity under the new provisions, which could infringe upon personal dignity and liberty. He also flagged the altered definition of “transgender person” in the Bill, suggesting that it might exclude various gender-diverse identities previously recognized under the law.
Tharoor further highlighted provisions mandating the reporting of gender-affirming surgeries, expressing worries about privacy violations and the potential establishment of a State registry containing sensitive medical details. He cautioned that such measures could contradict the Supreme Court’s 2017 Puttaswamy judgment, which upheld the right to privacy as a fundamental right.
The Congress leader warned that the proposed amendments might push segments of the transgender community back into “legal invisibility,” particularly considering their historical marginalization. He stressed the importance of subjecting a Bill with such far-reaching implications to detailed scrutiny by a Parliamentary Standing Committee.
Tharoor also questioned the government’s rationale behind the amendments, suggesting that narrowing eligibility criteria could exclude genuine beneficiaries and weaken the protective reach. Instead of enhancing safeguards in critical areas like employment, healthcare, and education, Tharoor observed a focus on stricter certification processes. He reiterated the necessity for broader consultations with transgender communities and policy measures like horizontal reservations to ensure meaningful inclusion.
The Transgender Persons (Protection of Rights) Amendment Bill, 2026, has sparked discussions amid ongoing debates on the rights, welfare, and legal acknowledgment of gender-diverse communities.
