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Members and allies of the queer community in Kerala have jointly demanded the withdrawal of a proposed amendment to the transgender rights law introduced in Parliament, calling it an “anti-human” measure that undermines constitutional protections and the dignity of transgender persons.
The demand follows the introduction of the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in the Lok Sabha by Union Minister for Social Justice and Empowerment Virendra Kumar. The Bill proposes changes to the Transgender Persons (Protection of Rights) Act, 2019, which governs protections and welfare measures for transgender persons in India.
In a joint statement, Samyuktha Samara Samithi Keralam said the proposed amendment is a “direct violation” of the landmark National Legal Services Authority v Union of India judgement (widely known as the NALSA judgement), which recognised the right of transgender persons to self-identify their gender.
The group said the amendment revokes the right to self-perceived gender identity recognised by the Supreme Court of India in 2014 and protected under Section 4(2) of the 2019 Act.
“This right to self-determination was further upheld in Justice K. S. Puttaswamy v Union of India as an integral part of the fundamental right to live with dignity,” the statement said.
According to the group, the proposed amendment replaces self-determination with mandatory state verification mechanisms, including compulsory examinations by medical boards led by Chief Medical Officers and District Magistrates.
“This is a gross invasion of privacy and places a marginalised community under constant state surveillance and control,” the statement added.
The statement also criticised the Bill’s definition of transgender identity, saying it restricts the category to socio-cultural groups such as hijra, kinnar and aravani, as well as people with intersex variations or those who were “forced” to become transgender persons.
According to the group, this definition excludes trans men, trans women, gender-queer and non-binary individuals from the protection of the law. “This is a blatant violation of the fundamental right to equality before the law guaranteed by the Indian Constitution,” the statement said.
The group also objected to provisions requiring hospitals to report gender-affirming surgeries to the District Magistrate, saying such requirements could enable state surveillance and violate patient confidentiality.
They further alleged that certain provisions penalise individuals and organisations that support transgender persons living according to their self-identified gender identities.
While the community has long demanded stricter punishments for atrocities against transgender persons, the government has instead introduced “unscientific measures that mirror colonial-era ‘Criminal Tribes’ laws capable of imprisoning an entire community,” the statement said.
The amendment was also criticised for restructuring the National Council for Transgender Persons, with the group claiming that the changes increase government representation while reducing the participation of members from the transgender community.
Appealing to the public and democratic institutions, the organisation urged people to oppose the amendment and demanded its immediate withdrawal.
“We demand the immediate withdrawal of this anti-trans and anti-human Bill, and call upon the Union Minister for Social Justice to tender an apology to the transgender community,” the statement said.