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‘Our identity is non-negotiable’: Pune’s queer community mobilises against transgender rights amendment bill

Critics argue that the bill violates the landmark 2014 NALSA judgment.

4 min readPuneMar 19, 2026 06:33 PM IST

The NALSA judgment (National Legal Services Authority v. Union of India, 2014) is a landmark decision by the Supreme Court that formally recognised transgender persons as the "third gender".

Terming the bill “regressive” and “harmful to gender minorities”, protesters argued that the bill undermines the landmark NALSA judgment, which had earlier recognised an individual’s right to self-identify their gender. (File Photo)

Transgender and queer people, collectives, and their allies in Pune have issued a strong condemnation of the Transgender Persons (Protection of Rights) Amendment Bill, 2026. Activists argue that the proposed legislation fundamentally undermines the dignity and constitutional protections guaranteed to the community.

Smriti, 26, a trans man and co-founder of the Pune Queer Collective, expressed alarm over the sudden introduction of the bill in Lok Sabha on March 13.

“The bill undermines the dignity and autonomy of transgender persons. We were clueless; it is alarming how this bill overturns the NALSA judgment without any consultation with the community,” Smriti told The Indian Express.

The NALSA judgment (National Legal Services Authority v. Union of India, 2014) is a landmark decision by the Supreme Court that formally recognised transgender persons as the “third gender”. Delivered on April 15, 2014, the ruling affirmed that the fundamental rights granted under the Indian Constitution apply equally to transgender individuals.

Union Minister for Social Justice and Empowerment Dr Virendra Kuma introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in Lok Sabha. The proposed legislation aims to narrow the definition of a transgender person and requires medical proof for legal recognition.

The Pune Queer Collective, which grew from 10 founding members to over 300 on its social media platforms, is now coordinating with national-level groups to organise protests against the bill. “Our identity is non-negotiable, and there is no going back,” Smriti added.

‘Violation of rights to dignity, privacy, and autonomy’

Dr Manisha Gupte, co-convener of Mahila Sarvangeen Utkarsh Mandal, Pune, explained that as campaigners of gender justice, they strongly oppose the bill and call for its immediate withdrawal.

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“The proposed amendments undermine the fundamental right to self-identify one’s gender, as affirmed by the Supreme Court in the NALSA v. Union of India (2014) judgement. By mandating certification through medical boards and enabling bureaucratic scrutiny, the bill violates the rights to dignity, privacy, and autonomy.”

He said the amendments drastically narrow the definition of transgender persons, excluding trans men, non-binary, and gender-fluid individuals, thereby denying legal recognition to many.

“This represents a significant rollback of the inclusive principles enshrined in the 2019 Act. We urge the government to engage in meaningful consultation with transgender communities and experts, and to focus on ensuring access to employment, education, healthcare, and protection from violence. Any legal reform must uphold constitutional values and human rights, not erode them,” Dr Gupte said.

Shyam Konnur, the founder and CEO of the Mist LGBTQ Foundation, stated that self-identification is not a privilege that should be granted; it is a fundamental human right.

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“When we replace a person’s lived truth with a clinical diagnosis or a bureaucratic stamp, we don’t just undermine the law—we undermine the very dignity of the human spirit. By removing the right to self-declaration, the administration demonstrates a profound lack of empathy and a misunderstanding of the transgender experience,” Konnur said.

According to Konnur, this bill risks erasing the identities of trans people and non-binary individuals, pushing the community back into the shadows of medical scrutiny and social exclusion. “We do not need to be ‘verified’ to exist; we need to be respected as equal citizens under the Constitution,” Konnur said.

According to the activists, the bill collapses intersex and transgender identities into one definition of “transgender persons”. They say that it merges intersex and transgender identities into a single restrictive definition, ignoring that many intersex people do not identify as trans and vice versa.

They claim that it limits legal recognition to specific traditional identities (Hijra, Kinnar, Aravani, Jogti), excluding thousands of trans men and genderqueer persons. The bill, they say, frames transgender identity as something potentially imposed through “coercion” or “undue influence,” shifting the law’s focus from protection to state-sanctioned surveillance and control.

Anuradha Mascarenhas

Anuradha Mascarenhas is a Senior Editor at The Indian Express, based in Pune. With a career spanning three decades, she is one of the most respected voices in Indian journalism regarding healthcare, science and environment and research developments. She also takes a keen interest in covering women's issues . Professional Background Education: A gold medalist in Communication and Journalism from Savitribai Phule Pune University and a Master’s degree in Literature. Author: She authored the biography At The Wheel Of Research, which chronicles the life and work of Dr. Soumya Swaminathan, the former Chief Scientist at the WHO. Key Focus: She combines scientific accuracy with storytelling, translating complex medical research into compelling public and human-interest narratives. Awards and Recognition Anuradha has won several awards including the Press Council of India's national award for excellence in journalism under the gender based reporting category in 2019 and the Laadli Media award (gender sensitivity -2024). A recipient of the Lokmat journalism award (gender category-2022), she was also shortlisted for the RedInk awards for excellence in journalism-2021. Her debut book At The Wheel Of Research, an exclusive biography of Dr Soumya Swaminathan the inaugural chief scientist of World Health Organisation was also nominated in the Popular Choice Category of JK Paper AUTHER awards. She has also secured competitive fellowships including the Laadli Media Fellowship (2022), the Survivors Against TB – New Research in TB Media Fellowship (2023) and is part of the prestigious 2025 India Cohort of the WomenLift Health Leadership Journey.” Recent Notable Articles (Late 2025) 1. Cancer & Specialized Medical Care "Tata Memorial finds way to kill drug-resistant cancer cells" (Nov 26, 2025): Reporting on a breakthrough for triple-negative breast cancer, one of the most aggressive forms of the disease. Discipline, diet and purpose; How a 97-year-old professor defies ageing'' (Nov 15, 2025) Report about Prof Gururaj Mutalik, the first Head of Department at Pune's B J Government Medical College who at 97 credits his longevity to healthy habits and a strong sense of purpose. 2. Environmental Health (The "Breathless Pune" Series) Long-term exposure even to 'moderate' air leads to chronic heart, lung, kidney issues" (Nov 26, 2025): Part of an investigative series highlighting that even "safe" pollution levels are damaging to vital organs. "For every 10 µg/m3 increase in PM2.5 level, there was 6-8% jump in medicine sales" (Nov 23, 2025): Using commercial data to prove the direct link between air quality and respiratory illnesses in Pune. 3. Lifestyle & Wellness News "They didn't let cancer, diabetes and heart disease stop them from travelling" (Dec 22, 2025): A collaborative piece featuring survivors who share practical tips for traveling with chronic conditions. At 17, his BP shot up to 200/120 mmHG; Lancet study flags why child and teen hypertension doubled between 2000 and 2020'' (Nov 12,2025)--A report that focusses on 17-year-old-boy's hypertensive crisis and reflects the rising global trend of high blood pressure among children and adolescents. 4. Scientific Recognition & Infrastructure For promoting sci-comm, gender diversity: IUCAA woman prof highlighted in Nature" (Nov 25, 2025): Covering the global recognition of Indian women scientists in gender studies and physics. Pune researchers find a spiral galaxy like the Milky Way from early universe'' (December 3, 2025)- A report on how Indian researchers discovered a massive galaxy that existed when the universe was just 1.5 billion years old , one of the earliest to have been observed so far. Signature Beat: Health, Science & Women in Leadership Anuradha is known for her COVID-19 reportage, where she was one of the first journalists to provide detailed insights into the Covishield and Covaxin trials. She has a dedicated interest in gender diversity in health and science, often profiling women researchers who are breaking the "leaky pipeline" in STEM fields. Her writing style is scrupulous, often featuring interviews with top-tier scientists and health experts from various institutions. ... Read More

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