Eight United Nations Human Rights Council (UNHRC) Mandate Holders have addressed a formal communication to the Republic of India expressing serious concerns over the Transgender Persons (Protection of Rights) Amendment Act, 2026, stating that it may violate binding international human rights standards.
The experts criticised both the substantive provisions and legislative process, noting the absence of meaningful public consultation and failure to engage with the National Council for Transgender Persons. They further highlighted that the law was passed without referral to a Parliamentary Committee, raising procedural concerns.
On substance, the mandate holders observed that the Amendment Act dilutes key protections under the 2019 law, particularly by removing the right to self-perceived gender identity and introducing a medical certification framework. These changes, they noted, are inconsistent with constitutional principles laid down in NALSA v. Union of India and undermine rights to dignity, privacy, and autonomy.
Significantly, the communication flags a violation of judicial independence, observing that the Amendment Act appears to pre-empt and potentially nullify the outcome of pending judicial processes, particularly the Supreme Court’s directions in the Jane Kaushik case. The experts noted that the legislation was enacted on an expedited timeline just before the expected recommendations of the Court-mandated Advisory Committee, thereby undermining judicial oversight.
The UNHRC Mandate Holders also raised concerns regarding the narrow and exclusionary definition of “transgender person”, potential discrimination against gender-diverse communities, and provisions that may reinforce harmful stereotypes or expose individuals and support networks to criminal liability.
Concluding that the amendments may be incompatible with India’s obligations under international human rights law including equality, non-discrimination, privacy, health, and freedom of expression, the experts have urged the Government to halt implementation and undertake a comprehensive review of the law.