Right to privacy relating to self-identity is very dear to every human being and well protected under Article 21 of the Constitution. In this context, examine the effect of the amendment in 2026 to the Transgender Persons (Protection of Rights) Act, 2019.
(150 words | 10 marks)
The 2026 amendment alters the 2019 Act\'s self-identification framework by placing greater emphasis on certification and medical verification. Its constitutional validity must therefore be tested against dignity, autonomy, privacy and equality under Articles 14, 19 and 21.
• NALSA (2014) treated self-determined gender identity as integral to dignity and freedom of expression.
• Puttaswamy (2017) located privacy in autonomy, identity, bodily integrity and decisional freedom.
• The 2026 amendment removes the earlier statutory emphasis on purely self-perceived identity and introduces medical-board recommendation before certification by the District Magistrate.
• A welfare-oriented certification system must avoid intrusive medicalisation, forced disclosure and data misuse.
Official / authoritative sources: Supreme Court of India; India Code; Ministry of Social Justice & Empowerment; Census of India.