India passes law ending transgender self-identification, drawing criticism from global rights groups

India has enacted a controversial amendment to its transgender rights law that removes the right to self-identify gender, prompting strong criticism from Amnesty International and Human Rights Watch, which warned of a significant setback for human rights.

The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was approved by parliament after passing the Lok Sabha on 24 March 2026, and the Rajya Sabha on 25 March 2026, despite sustained criticism from opposition parties over the speed of its passage and calls for broader consultation.

The legislation has since received presidential assent, introducing stricter legal definitions and mandatory verification processes for transgender people.

Rights groups warn of rollback

Amnesty International said the new law represents “a serious setback for human rights in India”, citing the removal of self-identification as a central concern.

“This regressive law dilutes safeguards and deepens state intrusion into the lives of transgender people,” said Aakar Patel, chair of Amnesty International India.

He added that the amendment marks “a fundamental shift” in how gender identity is treated, where it is no longer seen as inherent but instead “checked, certified, and controlled”.

Human Rights Watch similarly warned that the law reverses hard-won protections established by India’s Supreme Court in its 2014 NALSA v. Union of India ruling, which recognised gender identity as a matter of personal autonomy and affirmed the right to self-identify.

Mandatory certification and narrower definitions

The amendment revises the 2019 transgender rights law by introducing a more restrictive definition of transgender identity, limiting recognition to certain socio-cultural groups and biological variations, including intersex persons, who are now grouped under the transgender category.

It replaces self-identification with a system requiring verification by medical boards and approval by district authorities.

Rights groups say this shift places gender recognition under state control and contradicts both the Supreme Court ruling and international human rights standards, which call for legal recognition based on self-determination.

Amnesty also raised concerns that the law allows medical institutions to share details of gender-affirming procedures with authorities, warning of risks to privacy and potential misuse of sensitive personal data.

Risk of exclusion and criminalisation

Critics say the new framework could exclude many transgender people, including those who identify as trans men, trans women, or non-binary, by removing recognition based on self-perceived identity.

Human Rights Watch said the amendment introduces additional criminal provisions, including penalties of up to life imprisonment for “compelling”, “forcing” or “alluring” a person to present as transgender — measures critics say could be used to target families, support networks and community structures.

“These politicians are making laws for us when they don’t even have basic concepts of gender, sex, and sexuality,” activist Akkai Padmashali said.

Amnesty warned that increased bureaucratic and medical requirements could further marginalise transgender people and discourage access to essential healthcare.

Government defence and political opposition

The government has defended the amendment, arguing that a narrower definition will help ensure welfare benefits reach those facing “extreme and oppressive” discrimination and strengthen protections against exploitation and trafficking.

However, opposition politicians criticised the bill as rushed and lacking consultation.

Congress leader Rahul Gandhi described it as a “brazen attack” on transgender rights, while Supriya Sule of the Nationalist Congress Party questioned the speed of its passage.

A Supreme Court-appointed expert panel had also urged the government to withdraw the bill and conduct broader consultations, warning it could undermine existing legal protections.

Protests and legal concerns

The law has triggered protests across India in recent weeks, with members of the LGBTQ community demonstrating against the changes.

Activists say the amendment departs from the principles established in 2014, when the Supreme Court recognised transgender people as a “third gender” and affirmed their right to self-identify.

“It has shattered our identity,” transgender rights activist Laxmi Narayan Tripathi said.

Grace Banu said the community was seeking “recognition without invasion” and “rights without humiliation”, adding: “This is not protection, but violation.”

Judicial concerns have also emerged, with the Rajasthan High Court warning that legal changes cannot dilute constitutional guarantees, signalling potential challenges to the law.

Broader context

India is estimated to have around two million transgender people, though activists say the true number may be higher.

The last census recorded 487,803 transgender individuals, but only about 32,500 have identity cards required to access social welfare benefits.

Despite legal protections introduced in 2014 and under the 2019 law, many transgender people in India continue to face discrimination and limited access to education, healthcare and formal employment.

Rights groups say the new amendment risks deepening those challenges by placing additional barriers on legal recognition and access to services.