
On 13th March Midnight Indian Govt introduced their Draconian Bill named Transgender amendment act in Rajya Sabha. This Violates the Fundamental Rights of Queer Citizens and is a legislative overreach on Judiciary as it will partially overturn Supreme Court NALSA 2014, PRIVACY 2017, SEC 377 2018, SAME SEX MARRIAGE 2023, JANE KAUSHIK 2025 judgements and The Judgements of Multiple High Courts of India. This Bill goes against Indian Constitution of India as it goes against basic doctrine.

The New definition Acc. To This bill is in the attachment.

The old definition -
Any person who's gender identity is different then the assigned sex. Including protection for Sexual Orientation and gender expression of non Trans- people.

How the new definition is cause of existence threat to queer community.

But we first have to learn about misconception on socio-cultural gender Identities that they are born intersex. That is a complete lie. Intersex people are a minority in socio-cultural gender Identities and Transgender people are the majority of these identities. This definition also removes Kothi community of India which is socio-cultural gender identity of India which Do not transition at all and identify as mostly male or inbetween and goes through severe discrimination. The South Indian Transgender Socio-cultural identities where transitioning is considered taboo.

So there is a misconception amongst Indians that Socio-cultural gender groups of India are actually born Intersex. Which is wrong because majority is gender non confirming individuals.

Please, As Cis-gender people put yourself in shoes of Trans-gender people to understand the effects.

The effect of New definition on Indian Queer people -

Forced Castration - To identify as Transgender Person in India You have to be castarated or genitally mutilated.

Medical Gatekeeping - You have to Show your genitalia to prove you are transgender. Just think about how humiliating this is. How are you sure gender minorities won't be sexually abused here. It also brings back that being transgender is medical illness.

Restricts Gender affirming Care for Transgender people and Others - Transgender Children and Transgender adults including Other individuals who need gender affirming care for a better healthy life can be restricted to avail the treatments. Doctors can be fined and jailed for doing so.

No discrimination protection - No discrimination protection in Housing, Employment and in day to day life.
Brings back Police Morality on Gender Minorities - Now police can harass Gender minorities or people with gender non confirming expression on improsonating to be traditional Transgender.

Increased Begging and Sex work - This can force Gender non Confirming individuals to join Traditional Socio-cultural identities whose main work is begging, sex work and Badhai. The thing the Transgender people fighting against.

Religious control and Gharana leader control on Gender Non-Conforming Individuals -
These Traditional Socio-cultural gender Identity groups have Gharana system and a leader. These groups are also religious and many politically align with current Indian Government. In this system The individuals have to pay 80-90% of their income through begging, sex work and Badhai to the Gharana leader for protection. The Gharana Leaders are also High Caste individuals and make lower caste Transgender people do the Manuel work for the Gharana. 

Many Gender minorities are against Gharana system and do not want to join it. They want to study and do jobs.

Removes Protection for Sexual Orientation and Gender expression -
The Sexual Orientation and Gender Expression protection comes under Transgender act 2019 and this amendment can remove these protection from Gays, Lesbiens, Bi-sexuals, Gender expression protections from gender non confirming individuals.

Disallows Gender and sexual Minorities from Using Transgender Cells and Transgender complaint Officers -
Gender non confirming people and Sexual Orientation Minorities use these effective legal tools to protect themselves from the discrimination. The new bill bars them from using it.

Disqualifies Transgender People from Entering Heterosexual marriages - Removes domestic violence protections and previous makes previous heterosexual marriages illegal. Narrows the Men and Women definition set by Multiple High Courts.

Gives more power to Government to Control marriages and Gender expression-

New laws can be bring nationally to control Inter-caste and Inter-religion marriages because this bill effectively overturns privacy judgements by supreme court. They can also control what heterosexual people do in their private time.

Government gets more power to control your day to day life-

Privacy Judgement is not only important for Gender and sexual minorities but for Cis-hetero people too, Everyone in India. Next time they can bring laws to control your social media, your individual rights, SIMs, Your bank details, Digital Details and what not. Maybe asking for invasive test to know your gender, During rape, sexual assault.
Increases interference of Religious based laws and groups Into your life.

So Cis-Heterosexual People this bill is also against you because it overturn Privacy Judgement making it no longer a fundamental Rights.

#TransgenderRightsAreHumanRights

















Indian Government Brings Draconian Bill on Gender and Sexual Minorities