Congress MP Shashi Tharoor on Sunday strongly criticised the newly introduced Transgender Persons (Protection of Rights) Amendment Bill, 2026, calling it a “deeply regressive” step and warning that it undermines established constitutional protections. Shashi Tharoor attacks Transgender Bill over identity, privacy concerns (File photo/PTI)
Though away from Parliament due to the ongoing Kerala elections preparations, Tharoor said he was closely tracking developments, adding that “I’m deeply concerned by the Transgender Persons (Protection of Rights) Amendment Bill, 2026… which was tabled rather surreptitiously and without proper stakeholder consultation.”
In a two-part post on X, the Thiruvananthapuram MP said that the bill appears to reverse the rights-based framework established after the Supreme Court’s 2014 NALSA judgment.
Changes to self-identification under fire Among the concerns raised by Tharoor is the proposed removal of provisions that recognise self-identified gender.
“The amendments delete Section 4(2) of the 2019 Act, which guaranteed the right to self-perceived gender identity, and replace it with systems of medical board verification and bureaucratic certification,” he said.
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He argued that this shifts the authority of identity recognition from individuals to the state. “In effect, the State now proposes to sit in judgment over a citizen’s own understanding of who they are — an intrusion that sits uneasily with the constitutional promise of dignity and personal liberty.”
Concerns over narrower definition and privacy Tharoor also criticised the proposed narrowing of the definition of “transgender person,” warning that it could exclude trans men, trans women, and non-binary individuals.
“Equally troubling is the drastically narrowed definition of ‘transgender person’… while reducing gender identity to biological markers or a handful of socio-cultural categories,” he said.
He further pointed to provisions mandating reporting of gender-affirming surgeries, raising privacy concerns.
‘Push towards legal invisibility’ According to Tharoor, the cumulative effect of the bill could push already marginalised communities further into invisibility.
“Taken together, these provisions risk pushing large sections of India’s transgender community… back into legal invisibility,” he said, urging that the bill be referred to a parliamentary Standing Committee for detailed scrutiny.
In another post, Tharoor questioned the government’s argument that the bill is meant to ensure welfare reaches “real beneficiaries.”
“The government argues that the amendments will ensure welfare reaches ‘real beneficiaries.’ Yet when eligibility itself is narrowed, many genuine beneficiaries risk being left out,” he said.
He added that the focus appears to be shifting away from strengthening protections. “Instead of strengthening safeguards… the focus appears to be on tightening gatekeeping rather than expanding support.”