CPI(M) opposes Transgender Persons Amendment Bill, seeks menstrual leave for working women

The CPI(M) (Communist Party of India–Marxist) on Saturday opposed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, alleging that the proposed changes undermine the principle of self-determination of gender identity and violate constitutional rights.

In a statement, the party demanded that the bill be withdrawn, saying legislation affecting the rights of specific communities should not be introduced without prior consultation with stakeholders.

According to the CPI(M), the proposed amendments remove recognition of self-perceived gender identities and instead require certification from a medical board headed by a chief medical officer. The bill also empowers the district magistrate to examine such certificates before issuing identity documents.

“These provisions directly violate the fundamental rights to privacy, dignity and personal autonomy guaranteed under Article 21 of the Constitution,” the party said, adding that the amendments would subject transgender persons to “invasive bureaucratic and medical oversight”.

Concerns over gender identity definition

The CPI(M) Politburo said the amendments negate the principle of gender self-identification recognised by the Supreme Court in the NALSA (National Legal Services Authority) v. Union of India judgment of 2014.

The party also claimed that the definition of transgender persons has been “drastically narrowed” in the proposed bill.

It said that while the 2019 law recognised trans men, trans women, gender-queer persons and people with diverse gender identities, the amended definition primarily recognises certain socio-cultural communities and persons with intersex variations.

The CPI(M) alleged that the bill’s statement of objects and reasons explicitly excludes individuals identifying through self-perceived gender identities, which it said could leave trans men, non-binary and gender-fluid persons without legal protection.

The party further accused the government of attempting to impose what it described as a “rigid, Brahmanical concept of gender and social order”.

Demand for menstrual leave

The CPI(M) also criticised remarks made by the Supreme Court while dismissing a petition seeking menstrual leave for working women.

The party said the court’s observations were “negative and discriminatory” and appeared to prioritise productivity over women’s health.

The CPI(M) argued that menstrual leave should be considered a reasonable workplace accommodation recognising women as equal participants in the workforce.

“Ignoring menstruation and the pain women may experience during this period invisibilises the issue and forces women to suffer,” the party said.

It demanded that menstrual leave be recognised as a right and incorporated into leave rules to ensure women can work with dignity.

Supreme Court observations

On Friday, the Supreme Court declined to entertain a public interest litigation seeking a nationwide policy for paid menstrual leave for women students and workers.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that while the petition’s intent might be welfare-oriented, such a policy could lead employers to hesitate in hiring women.

The bench said such provisions might unintentionally reinforce gender stereotypes and could prove “counter-productive” in the job market.