Open Access Research Article

WHO GETS TO BELONG? RECOGNITION, REGULATION AND RIGHTS UNDER THE RIGHT OF TRANSGENDER PERSONS ACT, 2026

Author(s):
MANVI SHARMA ANANYA TIWARI
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

The Transgender Persons (Protection of Rights) Amendment Act, 2026 raises a constitutional question that extends beyond the narrowing of a statutory definition: whether the legal recognition of gender identity can be transformed into a state-conferred status without undermining the constitutional guarantees affirmed in National Legal Services Authority v. Union of India (NALSA) and Navtej Singh Johar v. Union of India. This paper argues that the 2026 Act marks a significant shift in India's legal framework from a model of recognition, in which gender identity is acknowledged as intrinsic to personhood and protected as a constitutional guarantee, to a model of regulation, in which identity becomes contingent upon state-defined categories, certification, and administrative approval. It traces this transition through the historical evolution of transgender rights in India, the constitutional principles of dignity, equality, autonomy, constitutional morality, and democratic legitimacy, while situating the Indian framework within broader comparative constitutional practice and international human rights standards. By examining constitutional developments across multiple jurisdictions alongside international norms, the paper demonstrates that India's recognition of gender identity has historically evolved in harmony with global constitutional and human rights principles, and assesses whether the 2026 Act departs from this trajectory. Further, through an analysis of the colonial legacy of state surveillance and the operation of Indian personal laws governing marriage, adoption, and succession, it contends that legal recognition forms the foundation upon which the meaningful exercise of civil and constitutional rights depends. The paper concludes that the Act’s consultation failures and definitional narrowing risk reviving a regulatory logic that NALSA sought to foreclose. Ultimately, it argues that constitutional citizenship requires the State to recognise, rather than adjudicate, an identity that already exists, ensuring that the constitutional guarantees of dignity, equality, autonomy, and personhood remain capable of meaningful exercise.

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Authors: MANVI SHARMA & ANANYA TIWARIRegistration ID: 1013323 | Published Paper ID: IJLRA13323 & IJLRA13324Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 748- 774

Article Information

WHO GETS TO BELONG? RECOGNITION, REGULATION AND RIGHTS UNDER THE RIGHT OF TRANSGENDER PERSONS ACT, 2026

Authors: MANVI SHARMA, ANANYA TIWARI

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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