New Delhi, March 22: Congress MP Shashi Tharoor expressed his views on the ongoing legislative proceedings via social media platform ‘X’ on Sunday. He made two consecutive posts addressing the ‘Transgender Persons (Protection of Rights) Amendment Bill, 2026’.
In his first post, Tharoor mentioned that due to the ongoing assembly elections in Kerala, he would miss Parliament. However, he is closely monitoring the legislative developments. He expressed significant concern regarding the ‘Transgender Persons (Protection of Rights) Amendment Bill, 2026’, which was introduced in the Lok Sabha without adequate consultation with stakeholders. He described the bill as a fundamental reversal of the rights-based framework established by the Supreme Court’s landmark NALSA (2014) judgment.
Tharoor pointed out that the amendments remove Section 4(2) of the 2019 Act, which guaranteed individuals the right to determine their gender identity based on their understanding. The new provisions require verification from a medical board and certification from government officials before identity recognition. This shift implies that the government will now decide how a citizen identifies, which undermines the constitutional promise of dignity and personal freedom.
He further criticized the overly restrictive definition of ‘transgender person’ in the bill. This limitation poses a risk of excluding transgender men, women, non-binary individuals, and gender-diverse people who previously received legal recognition. Moreover, the bill mandates the disclosure of gender-affirming surgery details to authorities, raising serious privacy concerns and the potential for the government to maintain a registry of individuals’ private medical decisions—contradicting the Supreme Court’s Puttaswamy judgment on the right to privacy.
Overall, Tharoor warned that these provisions could render a significant portion of India’s transgender community legally invisible, a group that has historically faced marginalization. He emphasized that any bill with such far-reaching consequences should undergo thorough scrutiny by a standing committee. He hopes that ultimately, reason and constitutional ethics will prevail over this regressive proposal.
In his second post, Tharoor addressed the government’s argument that these amendments would ensure welfare schemes reach ‘genuine beneficiaries’. However, he cautioned that narrowing the eligibility criteria risks excluding many actual beneficiaries. How can protection reach those whom the law does not recognize?
He noted that instead of strengthening safety measures—such as employment rights, reservations, access to healthcare, and protection for transgender children—the focus appears to be on tightening eligibility checks rather than expanding assistance. This contradicts the advocacy many have pursued for years, including the ‘private member bill’ he introduced in 2024.
Tharoor concluded that the need is for an expansion of rights, meaningful consultation with transgender communities, robust social security measures, and policy steps like ‘horizontal reservations’. Transgender individuals are citizens and entitled to equal rights. Any law that undermines this principle fails to fulfill the promises of our Constitution.
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