Q. 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, 2

Topic: Indian Constitution, Fundamental Rights, Gender Justice and Judicial Interpretation

15 Marks | 250 Words

Q. "The distinction between biological sex and gender identity is central to the constitutional guarantee of equality, dignity and individual autonomy." In the light of the NALSA v. Union of India (2014) judgment and the recent legal challenge to the Transgender Persons (Protection of Rights) Act, 2019, critically examine the constitutional and legal dimensions of gender identity in India. (250 words)

The question tests the following dimensions:

 Constitutional morality: Articles 14, 15, 16, 19 and 21.

Judicial precedents: NALSA v. Union of India (2014) and Navtej Singh Johar v. Union of India (2018).

Legal debate: Self-identification of gender versus medical certification.

 Gender justice: Balancing transgender rights with sex-specific protections for women.

 Way forward: Dignity, privacy, non-discrimination, inclusive policymaking and evidence-based safeguards.

 The Supreme Court debate over the 2026 amendment and the competing claims concerning gender identity and women's protections. Explained-law News - The Indian Express +2

Syllabus 

GS-II – Constitution, Fundamental Rights, Judiciary, Vulnerable Sections and Social Justice.