The Rajasthan High Court on Monday expressed concern over the Transgender Persons (Protection of Rights) Amendment Bill, 2026, saying it may weaken the right of individuals to identify their own gender.

The Bill, which has been passed by Parliament and is awaiting the President’s assent, proposes new rules to decide who can be legally recognised as a transgender person.

A Bench of Justices Arun Monga and Justice Yogendra Kumar Purohit noted that the Bill makes gender recognition dependent on certification and official approval. The court said this goes against the idea that gender identity is a personal and fundamental right.

The court relied on the landmark ruling in NALSA v. Union of India, where the Supreme Court had recognised the right to self-identify one’s gender as part of dignity and personal freedom under the Constitution.

It also said that laws should not just follow procedure but must respect constitutional values. The State must ensure that such rules do not make the rights of transgender persons difficult to access in practice.

The observations came while the court was hearing a plea by a transgender person seeking reservation in education and government jobs.

In simple terms, the court made it clear that identity is a basic right, not something that should depend on government approval.

Keywords: Rajasthan High Court, Transgender Bill 2026, Gender identity, Self-identification, NALSA v. Union of India, Fundamental rights, LGBTQ rights, Reservation issue