UNHR slams India's new transgender law, says it will erode 'hard-won rights': Here's what the rights body said

The UNHR expressed regret over the bill's rapid approval, noting a lack of sufficient dialogue with relevant stakeholders

Livemint
Updated2 Apr 2026, 07:59 PM IST
Members of the Odisha Transgenders Association staged a demonstration near the Odisha Assembly during the Budget session, demanding withdrawal of the Centre's proposed Transgender Persons (Protection of Rights) Amendment Bill, in Bhubaneswar.
Members of the Odisha Transgenders Association staged a demonstration near the Odisha Assembly during the Budget session, demanding withdrawal of the Centre's proposed Transgender Persons (Protection of Rights) Amendment Bill, in Bhubaneswar.(PTI)

The United Nations Human Rights (UNHR) on Thursday sounded the alarm over the enactment of the Transgender Persons (Protection of Rights) Amendment Bill, 2026, cautioning that it could erode the hard-earned protections of transgender individuals.

In a statement shared on social media platform X, the UNHR expressed regret over the bill's rapid approval, noting a lack of sufficient dialogue with relevant stakeholders.

"We regret fast passage of the Transgender Persons (Protection of Rights) Amendment Bill, 2026, without adequate stakeholder consultation," it said.

"The amendments risk setting back hard-won rights of transgender people, replacing self-identification with mandatory medical verification processes," it said.

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The UN further highlighted India's historical role as a leader in acknowledging the rights of gender-diverse and transgender populations.

"India has been a pioneer for rights of transgender & gender-diverse people. This Bill will have far-reaching impacts on right to privacy & risk marginalisation of transgender people," the UN Human Rights said.

President Droupadi Murmu signed the legislation into law on 30 March, following its passage in the Rajya Sabha on Wednesday and its prior clearance by the Lok Sabha. Throughout the legislative process, opposition lawmakers criticised the amendment for omitting gay and lesbian individuals from its scope.

A notification from the Law Ministry dated 30 March indicates that the revised law will be enacted once the central government issues an official gazette announcement.

During parliamentary debates, the government maintained that the primary goal is the protection of transgender persons. However, critics argued the bill strips away the right to self-identify — specifically for gay and lesbian citizens — and insisted the matter be referred to a standing committee for thorough review.

Also Read | France calls new Olympic gender testing 'a step backwards'

The legislation aims to narrowly define "transgender" while explicitly excluding "various sexual orientations and self-perceived sexual identities." It specifies that the term "transgender person" does not, and never did, encompass individuals based on their sexual orientation or self-perceived identity.

"The intent, object and purpose of the act is and was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature. The purpose was and is not to protect each and every class of persons with various gender identities, self-perceived sex/gender identities or gender fluidities," the bill says.

Following the passage of the Transgender Bill in the Lok Sabha last month, NCP-SP leader Anish Gawande, the country's first openly gay national spokesperson of a political party, told PTI: "This is a black day for human rights in India. The bill was passed without any concrete response to several valid concerns raised by the opposition, which shows the government's unwillingness to listen to constructive criticism."

He had said there had been no meaningful engagement with the transgender community while drafting the legislation.

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