INDIALEAD

Kerala: Trans and LGBTIQ+ community opposes Amendment Bill 2026

New Delhi/Thiruvananthapuram, March 26 (IANS) The Joint Action Committee on Transgender and LGBTIQ+ Rights in Keralam along with national collectives and community organisations, on Thursday, opposed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, describing it as regressive, exclusionary, and unconstitutional.

At the heart of the opposition is the Bill’s removal of the right to self-perceived gender identity, transferring the authority from the individual to state-appointed medical boards, thereby introducing invasive certification processes and bureaucratic gatekeeping.

This directly violates the principles of dignity, autonomy, and privacy upheld by the Supreme Court.

It also goes against international scientific consensus and evidence-based medical practices.

The Bill also narrows the definition of “Transgender Person” to specific socio-cultural identities, excluding and legally erasing the majority of the community, including trans men, transmasculine persons, non-binary and genderqueer persons, and trans women whose identities do not fall within these restrictive categories.

This has been done without adequate study, credible data, or meaningful consultation with stakeholders, including the National Council for Transgender Persons.

Another major concern is the introduction of vague penal provisions which are open to misuse and may be used to target activists, healthcare providers, educators, families, and support systems.

As the first state to adopt a Transgender Policy in 2015, Keralam has implemented a range of welfare initiatives that enabled transgender persons to move from social exclusion and survival to dignity and participation in public life.

The Committee warns that restricting identity recognition at the national level will directly undermine access to such welfare systems and reverse years of progress.

The impact of the Bill is already being felt within the LGBTIQ community.

Reports from across states indicate rising levels of anxiety, distress, and fear, with many individuals experiencing existential crises and heightened risk of self-harm and suicidality.

In response, the Joint Action Committee on Transgender and LGBTIQ+ Rights in Keralam has initiated a series of actions at both the state and national levels.

It was also decided to chart out the future by holding a state-level convention in Keralam, bringing together transgender and gender-diverse persons, community leaders, legal experts, mental health professionals, healthcare providers and allies to collectively strategise the next phase of advocacy, besides initiate a comprehensive legal consultation process to examine constitutional challenges to the Amendment Bill and explore avenues for judicial intervention.

“This is not merely a legislative amendment, it is a question of whether transgender persons will continue to exist as equal citizens under the Constitution. India has made important progress over the past decade. This Bill risks taking us back to a time when identities were controlled, denied, and marginalised,” the Joint Action Committee said.

–IANS

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