'Brazen attack on constitutional rights’, says Rahul as Lok Sabha passes bill on transgender people

Congress leader Rahul Gandhi on Tuesday, 24 March, sharply criticised the government’s Transgender Persons (Protection of Rights) Amendment Bill, 2026, calling it a “brazen attack” on the constitutional rights and identity of transgender people.

The Lok Sabha passed the bill the same day amid strong opposition from Congress, which described the legislation as "regressive" and "unconstitutional".

Gandhi said, “This regressive bill strips transgender people of their ability to self-identify, violating a Supreme Court judgment; wipes out the diverse cultural identities of communities across India, forces trans people to undergo dehumanising examinations by a medical board, and introduces criminal penalties and surveillance without safeguards.” He added, “The Constitution protects every Indian’s right to life, liberty, identity and dignity. This BJP government is violating our Constitution and destroying India’s rich history of honouring transgender communities in pursuit of its narrow ideas.”

Social Justice and Empowerment Minister Virendra Kumar defended the bill, stating it seeks to provide protection only to those facing boycott due to biological factors. He assured that the amendment would ensure the continued legal recognition and protection of transgender persons.

The bill defines “transgender” by including socio-cultural identities such as ‘kinner’, ‘hijra’, ‘aravani’, and ‘jogta’, as well as people with intersex variations and congenital sexual characteristic differences.

It introduces a “medical board” headed by a chief or deputy chief medical officer nominated by the government, which will have the authority to verify transgender status. The legislation also excludes social orientation from its ambit and provides graded punishment based on the harm inflicted.

Congress MP Jyothimani criticised the bill’s lack of consultation with the transgender community. She said, “This bill is not a reform. A Supreme Court judgment has recognised gender identity as a matter of self-determination. It is affirmed that dignity, bodily autonomy, and identity are protected under Articles 14, 15, 19, and 21 of the Constitution.”

The bill’s opponents argue that it imposes restrictive verification procedures and criminal penalties that risk further marginalising the transgender community rather than empowering them.

(With agency inputs)