UPSC Previous Year Question | Mains GS2 | 2026

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, 2019. (Answer in 150 words)

Answer

Introduction

NALSA v. Union of India recognised gender self-identification as part of dignity and personal liberty under Article 21; Puttaswamy affirmed decisional and informational privacy.

Effect On Identity And Privacy

The amendment shifts the framework from self-identification towards specified categories and externally verified identity. Medical-board scrutiny and disclosure of sensitive medical information can intrude into bodily autonomy, decisional privacy and informational privacy. It may exclude gender-diverse persons whose identity does not fit the revised statutory definition, affecting access to certificates and welfare. The change must satisfy Articles 14, 19 and 21 and the proportionality test.

Protective Dimensions And Safeguards

Stronger offences against coercion, trafficking, mutilation, forced begging and servitude can protect vulnerable persons. Identity certificates may facilitate correction of official records. Implementation should preserve self-determination, confidentiality, notice, appeal and non-discrimination.

Keywords

Article 21; NALSA; Puttaswamy; dignity; bodily autonomy; informational privacy; proportionality; transgender rights

Topics: constitutional law, fundamental rights, privacy and dignity, transgender identity