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Transgender law sparks outrage, activists call it ‘regressive’

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A day after President Droupadi Murmu gave her assent to the Transgender Bill, gender activists and members of the community termed it a “regressive” and “catastrophic” step for transgender and intersex persons.The Centre on Monday issued a notification stating that the Transgender Persons (Protection of Rights) Amendment Act, 2026, proposing key changes to the foundational law governing transgender rights, had received the President’s nod and come into force.Transgender activist Kalki Subramaniam, one of the prominent campaigners linked to the NALSA v. Union of India judgment 2014 that recognised transgender identity, described the law as regressive and restrictive of gender identities.“We are in complete shock and still processing the recent development. We are getting many panic calls, especially from young people, on what the way forward is and what their future will now look like,” the activist told The Tribune.Subramaniam, who recently resigned from the National Council for Transgender Persons over the law, said no consultations were held with members of the community and that the legislation was rushed through in just 10 days.“The politics of the land has not changed our lives for the better. Today, we are back to square one. Our struggle of decades has gone down the drain. Nevertheless, we exist and will continue to exist, with or without legal rights,” the activist added.Advocate Kanmani Ray termed the Act a “structure of threat and surveillance”, arguing that it allows others to determine how transgender persons should exist.“Who is the Government of India trying to protect with this law? No one wins — not the Kinnar-Hijra community, the district magistrate, the public healthcare system, or the courts. This law will only add to their burden,” the advocate said.Questioning the government’s claims of misuse of the earlier law, Ray asked for evidence to back such assertions. “What credible empirical data or survey shows misuse of the previous law? Why is the government taking away legal identities for welfare measures? What is the rationale behind this ‘bulldozer justice’ or ‘welfare by exclusion’ model?” the lawyer asked.Rudrani Chetri, who runs a model agency for transgender persons, said the legislation had “thrown the entire community under the bus”.“The government is neither aware of the ground realities nor willing to consult us. A transgender person may not undergo any transition but still identify as such. How can a medical board certify how we feel? Gender identity goes far beyond physical examination,” Chetri said.“We will use every platform available — courts, press engagements and direct outreach to ministers. The government cannot erase us from society. We are here to stay,” she added.The Bill was passed in the Rajya Sabha on March 25, a day after it was cleared by the Lok Sabha. The Opposition had demanded that it be referred to a select committee for further scrutiny, citing provisions that could impact the dignity of transgender persons.One of the key concerns raised against the Act is its narrowed definition of transgender persons, which excludes trans men, trans women, non-binary and genderqueer individuals without medical certification or recognition of socio-cultural identities. It also removes protections for self-perceived identity, potentially conflicting with constitutional guarantees.

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