March 26, 2026

Supreme Court Advisory Panel Calls for Withdrawal of Controversial Transgender Rights Bill

Supreme Court Advisory Panel Calls for Withdrawal of Controversial Transgender Rights Bill

In a significant turn of events, an advisory committee appointed by the Supreme Court has urged the Union Government to retract the 2026 Transgender Persons Protection of Rights Amendment Bill. This plea was formally conveyed to Union Minister for Social Justice, Virendra Kumar, as reported by The Indian Express. Justice Asha Menon, a former judge of the Delhi High Court and chairperson of the committee, confirmed the request.

The amendment bill, which recently passed through both houses of Parliament, has sparked widespread dissent among transgender, intersex, and gender-diverse communities. The legislation, designed to revise the existing legal framework established by the 2019 Transgender Persons Protection of Rights Act, has been criticized for potentially stripping away vital protections for these marginalized groups.

One of the focal points of contention surrounds the proposed redefinition of ‘transgender person.’ Critics assert that the amendments undermine the right to self-identify, limiting the recognition of transgender individuals to those who meet specific biological or physiological criteria. This limitation not only appears to marginalize a broader spectrum of gender identities but also seemingly disregards the socio-cultural identities that are integral to communities like the kinner, hijra, aravani, and jogta.

Should the bill receive assent from President Droupadi Murmu, it would result in the exclusion of many transgender men, transgender women, and genderqueer individuals from the definition of ‘transgender person’ as per the new law. This legislative shift has raised alarm among activists and allies who argue that it blatantly violates fundamental constitutional rights.

In the backdrop of the bill’s passage, protests erupted among opposition MPs, who voiced their concerns over its implications for civil liberties. The advisory committee, formed by the Supreme Court in October 2025, is expected to play a crucial role in reviewing legislation affecting the rights of marginalized groups. Their recent recommendation reflects a growing consensus that the proposed amendments do not align with the ethos of inclusion and protection initially envisioned in the 2019 Act.

As discussions unfold and reactions pour in, the future of the transgender rights movement in India hangs in the balance. Advocates are calling for a reconsideration of the bill, urging that the core principles of dignity, autonomy, and recognition be central to any legislative framework addressing the needs of the transgender community.

Deepak Mishra

District Reporter

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