NCTP members oppose transgender Act amendments, say not consulted

Members of the National Council for Transgender Persons (NCTP) on Tuesday (March 17, 2026) stated that the council was neither consulted nor informed about the Transgender Persons (Protection of Rights) Amendment Bill 2026 introduced in Parliament on Friday (March 13).

They said that they are in the process of issuing a joint statement to register their objections to the Bill that seeks to amend the Transgender Persons (Protection of Rights) Act, 2019.

Some of these members have already started holding meetings and are trying to seek an appointment with the Social Justice Minister to explain why transgender communities are opposing the Bill.

The Bill, introduced by Union Minister for Social Justice and Empowerment Virendra Kumar, proposed to withdraw transgender people’s right to a self-perceived gender identity and redefine who a “transgender person” is. The proposed amendments also grant discretionary powers to the District Magistrate and mandate medical institutions performing sex-reassignment surgeries or interventions to report to the government.

The amendments have triggered protests and mobilisation among transgender communities across the country, with many demanding their withdrawal.

On Tuesday, the National Human Rights Commission’s Special Monitor for transgender ights, Gopi Shankar Madurai, issued a statement “rejecting” the Bill, saying that it was “a deeply flawed, unscientific and culturally regressive legislation that perpetuates discrimination rather than protecting the rights and dignity of diverse GIESC (Gender Identity/Expression and Sex Characteristics) communities, including intersex persons and gender non-conforming children in India”.

Kalki Subramaniam, a nominated member of the NCTP representing the transgender community in the southern region, stated that the council was not informed about any amendments to the Act being planned. Another nominated member, representing the north-eastern region, Rituparna Neog, told The Hindu, “We were not informed at all. Is this not what the council is for?”

The NCTP was established under the 2019 Act with the principal purpose of advising the Union Government on matters of forming policies, programmes, legislation, or projects with regard to transgender persons. It is headed by the Minister of Social Justice and a Minister of State for Social Justice. Five representatives of the transgender community from different regions, and expert members, representing NGOs working for transgender people, are mandatorily nominated to the Council. It also has representation from other ministries, State governments, the NHRC, and the National Commission for Women.

Abhina Aher, one of the expert members of the council, said that the amendments were introduced suddenly, “even though we work with the government almost on a daily basis”. She, however, mentioned that the Delhi Government had recently held a consultation meeting, where discussions included identifying transgender persons who have historically been associated with occupations like begging.

“There was a serious discussion about who a real transgender person is, of course, in the context of people often seen begging on the street. And one may argue that there could be some cisgender people, or people who cross-dress, who are on the streets. It could be argued that the government thinks it is trying to provide benefits to the people who really need them. But such thinking to percolate into the Amendment Bill, the way it has, is objectionable,” Ms. Aher, Chief Executive of TWEET Foundation, a transgender welfare organisation.

Ms. Subramaniam said that meetings are already underway among the nominated representatives and nominated expert members. ”We are also trying to arrange a meeting with the government and convey the objections that transgender communities across India have regarding this Bill,” she said.

Ms. Neog added that a public statement is also being drafted by members of the NCTP.

On Sunday, Ms. Subramaniam wrote to the Social Justice Minister that the NCTP had not been informed or consulted about the amendments, adding, “If the amendment becomes law in its current form, I will resign from my position as a member of the National Council for Transgender Persons.”

“I cannot continue to serve in a body that is sidelined in such critical decisions and that endorses legislation which harms the very community it is meant to protect,” she said in the letter, urging the Minister to reconsider the amendment Bill.

Meanwhile, Mr. Madurai said, “By protecting colonial hijra structures at the expense of genuine ancient Indic heritage, by conflating distinct biological and social categories, and by refusing evidence-based reforms, this Bill guarantees continued rights violations and omissive discrimination repeatedly condemned by the Supreme Court.” 

Published – March 17, 2026 05:41 pm IST