The Bill limits the definition of ‘transgender’ to certain socio-cultural identities and specified intersex variations, excluding those whose identities rest on self-identification, and sets up a vague biological test for gender identity. Worryingly, it also mandates institutional reporting of gender-affirming procedures and introduces penal provisions framed around coercion into transgender identities. These changes depart from the constitutional framework articulated in the NALSA judgment, which clearly stated that gender self-identification is integral to dignity and personal liberty under Article 21. Administrative convenience is being used to determine — limit — the scope of legal recognition of gender identity. The penal provisions regarding coercion into transgender identities, framed inbroad terms, could also lead to overreach.

Source: The Telegraph March 20, 2026 03:14 UTC