Supreme Court-appointed panel asks Centre to withdraw Transgender Persons (Amendment) Bill, 2026

New Delhi: The Supreme Court-appointed advisory committee on transgender rights has written to Union Social Justice Minister Virendra Kumar, urging the Centre to withdraw the Transgender Persons (Protection of Rights) Amendment Bill, 2026 for removing the right to gender self determination.

The bill faced widespread criticism for dismantling the right to gender self-identification under a 2019 Act. It proposes to replace the legislation with a state-controlled medical certification process, requiring individuals to be assessed by a medical board headed by a chief medical officer. 

The committee is headed by former Delhi High Court judge Justice Asha Menon, while comprising of Akkai Padmashali, Vyjayanti Vasanta Mogli and Grace Banu, trans rights activists; academic Sourav Mandal (Associate Professor, Jindal Global Law School); Air Cmdr (Dr) Sanjay Sharma (retd), Chief Executive Officer, Association for Transgender Health in India, Gurugram; researchers Nithya Rajshekhar and Aparna Mehrotra; and Jayna Kothari, senior advocate as amicus curiae.

The letter informed the Minister about a resolution, expressing shock over denial of self determination of gender as mandated in 2014 judgment in NALSA case.

In October, 2025, apex the court had constituted the committee, headed by Justice Menon, to formulate an equal opportunity policy for the protection of the rights of transgender persons. 

The court had then directed the Centre to formulate an "equal opportunity policy" within three months of the report submitted by an advisory panel.

The court flagged sporadic or a complete lack of implementation of measures to ensure the prevention of discrimination against transgenders in various spheres of life, both public and private.

The bill, which seeks to amend Transgender Persons (Protection of Rights) Amendment Act 2019, also provided for graded punishment based on the gravity of harm inflicted on such people. 

Replying to the debate on the Transgender Persons (Protection of Rights) Amendment Bill, 2026, minister Kumar said the proposed legislation is an effort to take along all segments of society together.

He said the bill aims to provide protection to only those who face discrimination due to biological issues. The minister asserted that the amendment will ensure that transgender persons continue to get legal recognition and protection.