Transgender persons bill 'draconian', expect no better from govt: Derek O'Brien

Trinamool Congress leader and Rajya Sabha MP Derek O'Brien on Thursday launched a sharp attack on the proposed Transgender Persons (Protection of Rights) Amendment Bill, 2026, calling it “draconian” and accusing the government of bypassing proper legislative scrutiny.

In a post on X, O’Brien said the Bill was “sneakily introduced” in Parliament and reflected what he described as the government’s “dubious record” in handling parliamentary processes. He also flagged a broader concern over declining legislative oversight, claiming that while two decades ago a majority of Bills were referred to committees for detailed examination, only a fraction now undergo such scrutiny.

The proposed legislation, introduced in the Lok Sabha last week, seeks to lay down a more precise definition of “transgender” and introduce graded punishments for offences against transgender persons, calibrated to the severity of harm.

However, a key provision has sparked significant controversy. The Bill states that gender identification cannot be based on “acquirable characteristics, personal choice, or self-perceived identity” — a clause that critics argue undermines the principle of self-identification, which has been central to transgender rights discourse.

Trans rights activists have strongly opposed the amendments, with several groups calling for the Bill to be withdrawn in its entirety. They contend that the proposed changes risk eroding the rights, dignity and autonomy of transgender individuals, and could institutionalise discrimination rather than offer protection.

The criticism adds to a growing political and civil society pushback against the Bill, setting the stage for a contentious debate in Parliament over the balance between legal definitions and individual identity rights.

With PTI inputs