A Supreme Court-appointed Advisory Committee, led by former Delhi High Court judge Justice Asha Menon, has urged the Centre to withdraw the Transgender Persons (Protection of Rights) Amendment Bill, 2026. The panel said the proposed changes undermine the landmark NALSA v Union of India ruling, which recognised the right to self-identify one’s gender.
In a letter to Social Justice Minister Virendra Kumar, Justice Menon conveyed that the amendments had come as a “shock” and could reverse progress made in integrating transgender persons into mainstream society. The Bill seeks to remove provisions recognising self-perceived gender identity, redefine “transgender person,” and mandate certification through a medical board.
The legislation was passed in the Lok Sabha by voice vote on March 24 amid protests and an Opposition walkout, and is now scheduled for consideration in the Rajya Sabha. The proposals have triggered widespread criticism from transgender groups, activists, and civil society organisations, who argue that the changes dilute hard-won rights.
The Advisory Committee, constituted by the Supreme Court in 2025, passed a resolution on March 20 calling for the Bill’s withdrawal and broader consultations before any legal amendments. It also raised concerns about privacy violations, particularly provisions requiring medical institutions to report gender-affirming procedures to authorities.
The panel further noted that some proposed criminal provisions overlap with existing laws like the Bharatiya Nagarik Suraksha Sanhita and the Juvenile Justice Act, 2015.
