We live at a dystopian point in time wherein the Indian Government has passed a bill which will deeply impact the legal recognition of transgender people in the country; a new law seeking to eliminate one's ability to realise their own identity. During a time of widespread crippling poverty, the depreciation of the Indian rupee, and terrifying job market instability, we must ask ourselves, are the people of India really within interest at the moment?
The bill in question- the Transgender Persons (Protection of Rights) Amendment Bill, 2026 received the assent from President Droupadi Murmu on the 30th of March, 2026, a day before the International Transgender Visibility Day. Having received the assent from the President only fourteen working days following its introduction, the bill aims to remove one's ability to self- identify as transgender, as well as the identities of people who already are transgender, instead opting for a means of certification through a medical board headed by a Chief Medical Officer, which the bill proposes to form.
Revisions are to be made to actions taken against transgender people, such as: forcing a trans person into labour, denying access to the right of passage in a public place, forcing a trans person to leave their place of residence, or causing any physical or sexual harm - the severity of this punishment ranges from six months to two years. This is in contrast to sexual violence against a cisgender person, in which the severity of the punishment shall not be below ten years.
First, we must ask why? Is there any plausible reason why the rights of one who wishes to ascertain their own identity should be seen as lesser than the rights of any other person? Why should a transgender person – a human, like any other person - be viewed as less deserving of public protection? Who does the government aim to protect with the introduction of this bill? How does this aid in dispelling India's current economic crisis? Will this provide any individual with more ease in joining the workforce? How can the introduction of this bill miraculously lift any Indian person out of their current state of poverty? What does this bill seek to accomplish besides putting down the rights of its citizens? Why was a bill affecting a marginalised group of people brought into action without the consultation of any individual or a group of individuals from the group who will be affected?
It is paramount that people recognise the damage that this bill causes. India, by means of having the largest recorded population currently, has the largest queer and trans community, and the acceptance of this bill means the dehumanisation and retraction of rights of a staggeringly large community of people. Simply through the means of empathising with the people in our communities, no moral individual should find themselves not standing against the pursuit of this bill. The harm that this bill causes, and the speed at which it was brought into action, show that the government may just as simply bring changes to the rights of any group of individuals.
Today, it is transgender people; however, tomorrow it can just as effortlessly be any other queer community, or even women as a whole. Just as easily as the government has provided rights to people, these rights can be withdrawn. This is a tremendous step back from the conclusion which was reached in the National Legal Services Authority Union of India (2014), allowing for: the legal recognition for the third gender, recognition for people transitioning between the male and female identity, public medical care for transgender persons, socio- economic welfare for transgender people, and public awareness. These are not special clauses or rights given to the transgender community - this is simply them being recognised as human and being provided for like any other person may.
Unfortunately, the government no longer sees the need to treat them as human beings. It is paramount that the people of India show that the rights of any of its citizens cannot be so easily stripped away from them. This, after all, has been proven in the past. In 2021, the government repealed three agricultural laws: the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, and the Essential Commodities (Amendment) Act, 2020. These anti-farmer laws, which were introduced in 2020, were only repealed following the heroic display of opposition through a year-long time of constant protests against laws which would have otherwise harmed a significant number of farmers in India.
Just as India's people had fought to protect themselves from oppression in the past, they can do so once again by fighting back against the amendment bill. As of this moment, all over India, there are people fighting for the lives and rights of their communities. We, as citizens of the country, also have the responsibility to educate ourselves on the suffering our neighbours are going through and do what little we can in hopes that they will be given the ability to stand equally alongside us. This isn't simply a fight for empowerment, but a fight for showing everybody among us that they have the right to live.
Degree of Thought is a weekly community column initiated by Tetso College in partnership with The Morung Express. Degree of Thought will delve into the social, cultural, political and educational issues around us. The views expressed here do not reflect the opinion of the institution. Tetso College is a NAAC Accredited UGC recognised Commerce and Arts College. The editorial team includes Chubamenla, Asst. Professor Dept. of English and Rinsit Sareo, Asst. Manager, IT, Media & Communications. For feedback or comments please email: dot@tetsocollege.org
