"We are not what other people say we are. We are who we know ourselves to be, and we are what we love. That’s okay." — Black trans activist Laverne Cox

We strongly urge the Government of India and Members of Parliament to reject the Transgender Persons (Protection of Rights) Amendment Bill, 2026, as it undermines the constitutional principles of equality, dignity, and self-determined gender identity.

The landmark judgment National Legal Services Authority v. Union of India (2014) clearly recognized the right to self-perceived gender identity and affirmed that transgender persons are entitled to the full protection of the Constitution under Articles 14, 15, 19, and 21. Any attempt to narrow or control gender identity through medical surveillance, cultural gatekeeping, or restrictive definitions violates this doctrine.

The proposed amendment risks erasing many transgender individuals—especially Dalit, Adivasi, Bahujan, Muslim, rural, and other marginalized trans persons—who may not belong to traditional gharana or community structures. Gender identity is a personal and constitutional right; it should not depend on belonging to a particular culture, religion, or social group.

Amit, Dalit trans activist, states:
"Our gender identity is not a cultural certificate. It is a constitutional right. The State must recognize our dignity without forcing us into traditions or medical systems we cannot access."

Yashika, Dalit trans activist and Research Scholar, Panjab University, states:
"The Transgender Amendment Bill 2026 is punitive and regressive in nature. It risks erasing Dalit trans individuals who are not associated with any gharana culture. Gender identity is a personal and constitutional right, not something that should be defined by religion, tradition, or medical control. When the state narrows the definition of transgender identity, it protects only a privileged few who can access costly medical procedures, while excluding the majority of marginalized trans people. Such a law ignores the realities of caste, poverty, and rural life. We will resist any attempt to control our identities or deny our dignity."

Ritash, neuroqueer gender-fluid writer, educator, and co-founder of RANG Foundation, states:
"As a person who has been speaking and writing about their gender fluidity openly for a long time (I have always believed that my gender is a continuum), I will continue asserting and discussing my self-determined gender and gender identity—especially when laws become unlawful or limiting.

My body, my right.
My (gender) identity, my choice."

At the same time, the government must acknowledge the deep structural inequalities faced by marginalized transgender communities. Access to gender-affirming healthcare and legal recognition remains unequal and unaffordable for most people, particularly those from Dalit and other oppressed caste backgrounds, as well as disabled and neurodivergent individuals.

Therefore, instead of introducing regressive amendments, the government should strengthen the existing law—the Transgender Persons (Protection of Rights) Act, 2019—through meaningful reforms that address social justice.

We demand:

1. Immediate rejection of the Transgender Amendment Bill 2026.
2. Amendment of the Transgender Persons (Protection of Rights) Act, 2019, to fully align with the 3.NALSA judgment and the principle of self-perceived gender identity.
3. Implementation of horizontal reservations for transgender persons within SC, ST, OBC, and other social categories in education, employment, and welfare schemes.
4. Policies ensuring accessible healthcare, education, housing, and dignified employment for all trans, particularly for transgender persons from marginalized caste and rural backgrounds.
5. A democratic society must expand rights, not restrict them. Laws relating to transgender people must be grounded in constitutional morality, anti-caste justice, and the lived realities of marginalized communities.

Trans rights are human rights. Equality cannot exist without dignity and self-identification.