The Transgender Amendment Act 2026 was passed in the Rajya Sabha on March 25, 2026. The bill was already passed by the Lok Sabha on March 24. The bill was a major blow to trans and non-binary people across the country. As the Ministry of Social Justice claims, the bill aims to identify “truly oppressed persons,” while in reality it excludes transgender people, transmen and other gender minorities who do not fall under a particular group or do not conform to the norms set out in the provisions of the bill. The bill also aims to narrow the definition of who a transgender person is, reducing it only to socio-cultural identities such as “Kinner, Hijra, Aravani, Jogta and Eunuch,” as well as those with intersex variations or someone with “one or more congenital variations of sex characteristics.” By providing an absolute definition, the bill contradicts the 2014 NALSA ruling that upheld the right to justice identify yourself.
The Trans Amendment Bill 2026 did not take into account the identities of transmasculine and non-binary people. These identities, along with other trans identities, should be considered a “third gender” following the NALSA ruling. Since the court had already made it clear that gender identity was “an innate perception of one’s own sex,” biological challenges should not have taken place. Due to their birth socialization as girls/women, transmasculine individuals did not have the freedom or freedom to mobilize like transwomen. The double marginalization made them virtually invisible in society.
Transmasculinity and (in)visibility
Sociocultural Visibility The prevalence of transfeminine persons in South Asia is largely due to their obvious presence in Indian mythology. Transfeminine people have also been at the forefront of violent attacks due to their explicit visibility. Accordingly My goodness, SemmalarHijras organized themselves into gharanas and were thus able to “occupy public space together”. While the bill restricts transfeminine people to some sociocultural categories, it does not mention transmasculine people at all. This invisibility is due to a misogynistic and patriarchal construct of the traditional South Asian family system, which does not allow AFAB (assigned female at birth) individuals to secure their independence. Their bodies are regulated and confined to the domestic sphere, not to mention the enforcement of their gender identity. Low mobility and lack of physical autonomy have resulted in their invisibility in government policy. What Semmalar wrote in 2014 still applies in 2026 – the Transgender Amendment Bill 2026 remains inadequate on all fronts.
As the Ministry of Social Justice claims, the bill aims to identify “truly oppressed persons,” while in reality it excludes transgender people, transmen and other gender minorities who do not fall under a particular group or do not conform to the norms set out in the provisions of the bill.
Violence against trans men is rarely reported due to their marginality. While trans women are often subjected to public violence, trans men are “corrective rapeBecause the Bharatiya Nyaya Sanhita (Sections 63 to 73) makes it impossible for trans men to seek legal redress, these crimes largely go unreported.
Since then The invoice has not created provisions for transmasculine and non-binary people or failed to include them in its definition of a “transgender” person, their gender-affirming surgeries could also come to a halt. Gender-affirming surgeries have helped reduce the rate of “psychological stress and suicidal thoughts“, as the Harvard TH Chan School of Public Health reports. If the population is unable to perform gender-affirming surgeries or is subjected to pathologization and unwarranted bureaucratic controls, the population is at risk of developing psychological torment.
Discipline “others”.
The heteronormative patriarchal state attempts to regulate non-compliant bodies through law. Among these, transmasculine people, assigned “female” at birth, are generally considered more transgressive than others. As part of the state nationalist A woman’s body is considered a site of cultural and biological reproduction. Honor had become synonymous with their bodies. Therefore, a female body tends to be more controlled compared to male bodies. By introducing the bill, the state is explicitly attempting to gain control over female bodies by denying any right to self-determination over one’s gender identity.
(Photo: X/Sansad TV)
Non-binary bodies, however, do not fall under the government’s definition of binary gender identities. In order to avoid any ambiguity, a complete rejection of gender, cross-gender and non-binary identities was decided. This makes it easier for the state to manage its citizens. The bill legitimizes the understanding of the French philosopher Michel Foucault Biopolitics. Biopolitics refers to the act of governing a population, the “produced by institutional control and exclusion mechanisms“.
The National Council for Transgender People (NCTP)have also raised objections to the bill, noting that it has not been consulted. The state is therefore trying to pass a bill that not only delegitimizes transgender people, but also excludes and pathologizes them.
Who is the “decent” queer?
Kinnar Akhadas The support of the Ram Mandir did not go unnoticed. Polarization within the community has led to fragmentation. Kinnar Ahkada’s collaboration with the Hindutva regime has led to the saffronization of a section of the queer community, which has collaborated with and largely supported the central power. Their support for the government fell on deaf ears when the NCTP complained that the bill was not discussed with them. Therefore, marginalized communities should be wary of the forces that seek to support them. It doesn’t take long before they turn their backs on the community.
The bill came at a time when there had already been a global shift in trans rights and protections. Western liberal democracies like the United Kingdom have rolled back trans rights, as has the United States of America. It was only a matter of time before India followed suit. Transgender communities in India have been protesting since March 13 demanding a complete withdrawal of the Transgender Amendment Bill 2026. The bill is in complete contradiction to the NALSA judgment and must be withdrawn to protect the autonomy of the queer community in India. Hopefully, the nationwide protests against the bill should set a precedent for other South Asian countries currently debating basic rights for their queer citizens.
Soumili is an independent researcher and completed her post-graduation in Sociology from Jadavpur University. She is interested in researching the lived experiences of queer people in India.