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Research Article | Volume 5 Issue 3 (July -Sep, 2026) | Pages 27 - 33
THE CRISIS OF IDENTITY: A CRITIQUE OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) AMENDMENT ACT, 2026
 ,
 ,
1
PhD Scholar Law, Shri Venkateswara University, Gajrola
2
Assistant Professor, Department of Lifelong Learning, University of Jammu
3
Independent Researcher, Ph.D. in Strategic & Regional Studies
Under a Creative Commons license
Open Access
Received
July 11, 2026
Revised
July 15, 2026
Accepted
Aug. 20, 2026
Published
Aug. 24, 2026
Abstract

The Transgender Persons (Protection of Rights) Amendment Act, 2026 represents one of the most significant legislative departures from established constitutional jurisprudence in contemporary India. Passed in March 2026 amid parliamentary controversy, the Amendment fundamentally alters the legal framework for transgender recognition established by the Transgender Persons (Protection of Rights) Act, 2019 and the Supreme Court's landmark ruling in National Legal Services Authority v. Union of India (2014). This paper examines the Amendment's core provisions, analysing how it replaces self-perceived gender identity with a medicalised certification regime, narrows the definition of "transgender person" to exclude transgender men and non-binary individuals, and introduces penal provisions that risk criminalising community support networks. Drawing on constitutional principles, judicial precedent, and the lived experiences of affected communities, this paper argues that the Amendment violates the fundamental rights to dignity, privacy, and equality under Articles 14, 19, and 21 of the Constitution. It further contends that the retrogressive shift from recognition to verification, from autonomy to surveillance, and from inclusion to exclusion, represents a crisis that demands judicial intervention

Keywords
Identity
Transgender
Dignity
Privacy
Transgender Persons (Protection of Rights) Amendment Act
2026
Judiciary
Lived realities
Marginalisation
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