The Rajasthan High Court stressed that the rights of transgender persons must not become illusory and affirmed that selfhood is a protected right under the Constitution. It criticised the Transgender Persons Amendment Bill 2026 recently passed by Parliament.
The Rajasthan High Court ocriticised the Transgender Persons (Protection of Rights) Amendment Bill, 2026, recently passed by Parliament.
The Bill, which seeks to redefine who qualifies as a “transgender person,” is awaiting the President’s assent to become law.
Noting that the Bill removes the right to self-perceived gender identity, a Bench of Justices Arun Monga and Yogendra Kumar Purohit observed,
“It is now proposed that legal recognition of gender identity shall be conditioned upon certification, scrutiny, or other forms of administrative endorsement. What was recognized by the Supreme Court as an inviolable aspect of personhood now risks being reduced to a contingent, State-mediated entitlement.”
The Court added that the rule of law requires any legislative or executive framework to meet the tests of constitutional conscience, not merely formal legality.
The Bench further said,
“The State, as a constitutional actor, is expected to adopt an approach that harmonises statutory compliance with constitutional congruity, ensuring that the rights of transgender persons are not rendered illusory by procedural constraints. The true measure lies in the tangible dismantling of systemic marginalisation that transgender persons continue to endure,”
The observations came in a petition filed by a transgender individual challenging the absence of reservation for transgender persons in educational institutions and public employment.
While issuing several directives on the petition, the Bench grounded its judgment in the principle articulated by the Supreme Court in the NALSA decision that the right to self-identify one’s gender is an essential element of dignity, autonomy and personal liberty under Articles 14, 15, 16 and 21 of the Constitution.
Justice Monga concluded ,
“Bottomline being, selfhood is not a matter of concession, it is a matter of right,”
The Transgender Persons (Protection of Rights) Amendment Bill, introduced by Social Justice and Empowerment Minister Virendra Kumar, emphasizes the need for a clear definition to ensure proper identification and protection of transgender individuals, ensuring that the benefits of current legislation reach those intended.
Given the extensive nature of protections and benefits offered under existing laws, it is essential to ensure that “such identification cannot be extended based on any acquirable characteristics or personal choice or claimed self-perceived identity of an individual.”
The bill also includes provisions for the “designation of an authority” that can seek “expert advice” when necessary.
Click Here to Read More Reports On Transgender Rights