The committee appointed by the Supreme Court to review the recent Transgender Person (Protection of Rights) Amendment Bill, 2026 has suggested that the Centre should withdraw the Bill, even though Parliament passed it earlier this week.

The committee headed by former Justice Asha Menon has shared the report with the Ministry of Social Justice and Empowerment, noting serious concerns and calling for reconsideration.

Biological validation must

The key observation in the report concerns self-identification; previously, an individual had the right to identify their gender without medical procedures or biological validation, but now identification is mandatory for legal recognition. The recent amendment to the bill stresses biological characteristics and medical processes. The committee observed that this can force many who haven’t undergone surgery to be excluded from the criteria, preventing them from accessing identity documents and associated welfare schemes.

Concern of privacy

The report highlights concerns regarding privacy and data protection. The new provisions authorize medical institutions that perform gender-affirming procedures to share details with district authorities, raising questions about the confidentiality of such personal and sensitive information. Another concern involves the system for issuing medical certification, now district magistrates will issue certificates based on recommendations from designated medical authorities.

Another question is why penal provisions are necessary in the amended bill when offences such as forced identity, abduction, and exploitation are already addressed under criminal laws.

Conflict with the already existing legal precedent

The panel pointed out that the Bill conflicts with the landmark National Legal Services Authority v. Union of India ruling, where the Supreme Court affirmed every individual’s right to self-identify their gender. Removing this right could undermine established constitutional protections.

The panel suggested that if the Centre amends the Transgender Persons (Protection of Rights) Act, 2019, it must consult transgender communities and relevant stakeholders for a clearer picture.

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