Congress MP Shashi Tharoor on Sunday strongly criticised the newly launched Transgender Individuals (Safety of Rights) Modification Invoice, 2026, calling it a “deeply regressive” step and warning that it undermines established constitutional protections.
Although away from Parliament because of the ongoing Kerala elections preparations, Tharoor stated he was intently monitoring developments, including that “I’m deeply involved by the Transgender Individuals (Safety of Rights) Modification Invoice, 2026… which was tabled fairly surreptitiously and with out correct stakeholder session.”
In a two-part put up on X, the Thiruvananthapuram MP stated that the invoice seems to reverse the rights-based framework established after the Supreme Courtroom’s 2014 NALSA judgment.
Modifications to self-identification below hearth
Among the many issues raised by Tharoor is the proposed removing of provisions that recognise self-identified gender.
“The amendments delete Part 4(2) of the 2019 Act, which assured the appropriate to self-perceived gender identification, and change it with techniques of medical board verification and bureaucratic certification,” he stated.
Additionally Learn | Row over Transgender Modification Invoice defined: Why are some against it?
He argued that this shifts the authority of identification recognition from people to the state. “In impact, the State now proposes to sit down in judgment over a citizen’s personal understanding of who they’re — an intrusion that sits uneasily with the constitutional promise of dignity and private liberty.”
Issues over narrower definition and privateness
Tharoor additionally criticised the proposed narrowing of the definition of “transgender particular person,” warning that it might exclude trans males, trans ladies, and non-binary people.
“Equally troubling is the drastically narrowed definition of ‘transgender particular person’… whereas decreasing gender identification to organic markers or a handful of socio-cultural classes,” he stated.
He additional pointed to provisions mandating reporting of gender-affirming surgical procedures, elevating privateness issues.
‘Push in direction of authorized invisibility’
In keeping with Tharoor, the cumulative impact of the invoice might push already marginalised communities additional into invisibility.
“Taken collectively, these provisions threat pushing massive sections of India’s transgender neighborhood… again into authorized invisibility,” he stated, urging that the invoice be referred to a parliamentary Standing Committee for detailed scrutiny.
In one other put up, Tharoor questioned the federal government’s argument that the invoice is supposed to make sure welfare reaches “actual beneficiaries.”
“The federal government argues that the amendments will guarantee welfare reaches ‘actual beneficiaries.’ But when eligibility itself is narrowed, many real beneficiaries threat being unnoticed,” he stated.
He added that the main target seems to be shifting away from strengthening protections. “As a substitute of strengthening safeguards… the main target seems to be on tightening gatekeeping fairly than increasing assist.”
Activists demand withdrawal of invoice
The invoice, launched within the Lok Sabha on March 13 by union minister for social justice and empowerment Virendra Kumar, has additionally sparked robust opposition from transgender activists. They’ve raised issues over the dearth of session and say the proposed adjustments dilute the protections supplied below the 2019 legislation.
