A collective of transgender and queer activists from across India has urged the Union government to withdraw the proposed Transgender Persons (Protection of Rights) Amendment Bill, 2026, saying the legislation threatens the fundamental right of transgender individuals to identify their own gender.

The Bill was introduced in the Lok Sabha on March 13 by Union Minister for Social Justice and Empowerment Virendra Kumar. It seeks to amend the Transgender Persons (Protection of Rights) Act, a law intended to safeguard the rights of transgender persons in India.

But activists say the proposed amendments do the opposite.

According to the collective, the Bill introduces a new definition of “transgender persons” that could narrow who qualifies for legal recognition. One of their key concerns is that the Bill merges intersex and transgender identities under a single definition—despite the fact that the two are not the same.

“Many transgender people are not intersex, and most intersex people do not identify as transgender,” the activists said, arguing that the new definition ignores the diversity within gender identities.

The group also points to another provision that appears to limit recognition to specific socio-cultural communities such as Hijra, Kinnar, Aravani, or Jogti. If implemented, they say, this could exclude transgender people who do not belong to these traditional identities but still identify as trans.

Perhaps the most troubling aspect of the Bill, activists argue, is the implication that people may become transgender because of coercion, “undue influence,” or physical alteration. “This framing suggests that transgender identity is something imposed or manufactured,” the collective said, adding that it shifts the conversation from recognition to suspicion.

This, they say, runs directly against the landmark Supreme Court ruling in NALSA v. Union of India, which recognised transgender persons as a third gender and affirmed their right to self-determination of gender identity.

The activists warn that the amendments could also introduce more bureaucratic control over identity. Under the proposed framework, medical boards and administrative authorities may play a role in determining a person’s gender identity—something the collective says raises serious privacy concerns.

The Bill also proposes changes to Section 18 of the 2019 Act, introducing stricter punishments for offences related to coercion or “alluring” someone into becoming transgender. Activists say these provisions overlap with existing criminal laws and risk reinforcing harmful stereotypes about the transgender community.

“There is no credible evidence of such patterns in India,” the collective said, warning that vague wording could be misused and could criminalise transgender individuals and even their allies.

Some activists have gone further, drawing comparisons between the framing of the Bill and the colonial-era Criminal Tribes Act, which historically labelled entire communities as “hereditary criminals.”

“The amendment does not merely change a law,” the statement said. “It threatens hard-won dignity and reinstates stigma that transgender communities have long struggled to overcome.”

The activists also criticised the lack of consultation with transgender communities during the drafting process. They say the Bill reflects misconceptions about transgender lives and could allow harmful ideas to enter the legislative process.

Calling the proposal “discriminatory and unjust,” the collective has demanded that the government withdraw the amendment and engage in meaningful dialogue with transgender communities before proposing any changes to the law.