Criminalized Sanctuaries: How India’s 2026 Trans Act Undermines Safety
Safe cities cannot be built on a foundation of exclusion. They are built on trust, dignity, and the right to exist without fear. Credit: Shutterstock
By ElsaMarie D’Silva and Harish Iyer
MUMBAI, India, Apr 22 2026 (IPS)
On 30 March, the eve of Transgender Day of Visibility, the Transgender Persons Amendment Act, 2026 became law in India, narrowing who can be recognized as transgender and requiring individuals to have their identity verified by authorities. This bill risks placing already vulnerable people under deeper scrutiny while destabilizing the informal systems of care they rely on.
India’s earlier law – the Transgender Persons (Protection of Rights) Act, 2019 – included provisions that criminalized abuse and explicitly prohibited forcing a transgender person to leave their home, recognizing the vulnerability many face within families.
The idea of a “safe home” is often tested at one’s own front door. Harish saw this first-hand. The family of Kamal (name changed), a young trans man, only recognised his sex assigned at birth, female, and forced him into a marriage with a man for “correction,” subjecting him to repeated sexual violence. He escaped to safety, Harish’s apartment in Mumbai. When his abusers tracked him down, pounding on the door and threatening to drag him back, Harish stood his ground. That cramped apartment did what the system would not: it kept a survivor alive.
When transgender individuals can feel safe in their identity, they are more likely to seek help, report abuse, and participate fully in public life. This is why we must urgently revisit the 2026 amendments, ensuring they uphold self-identification, protect chosen families, and strengthen, rather than undermine, the conditions for safety
The 2026 amendments risk weakening these protections. Consider this: a young transgender person leaves an unsafe home, as Kamal did, and finds shelter with a friend or within a community network. In practice, these arrangements often exist outside formal legal recognition. Under a system that prioritizes biological families and requires official validation of identity, such support can be treated as informal, illegitimate, or even suspect.
The consequence is chilling. The very act of offering refuge can come under scrutiny, creating fear for those who open their doors and uncertainty for those seeking safety. Instead of strengthening protection, the law risks reinforcing the power of those who cause harm. Many people, unlike Harish, might not want to take the risk.
This is not just a legal shift. It is a shift in who feels safe to survive.
For many LGBTQIA+ people, especially transgender youth, home is not where you are born. It is where you are accepted. The amendment destabilizes that sense of safety.
Another concern is how the amended law introduces certification processes that require transgender individuals to have their identity validated by authorities. Let us consider the implications. If a transgender person is assaulted, how do they approach a police station when the same system questions their identity? If your identity must be approved, your credibility is already compromised.
From experience, we know that when trust in institutions declines, reporting declines, and when reporting declines, perpetrators operate with greater impunity. This is how violence scales, not through dramatic acts, but through systemic silence.
Indeed, through Red Dot Foundation’s Safecity
In Haryana, for example, Safecity data revealed harassment hotspots near alcohol shops along highways, areas where women reported routine intimidated. When this data was shared with the police, it prompted discussions on restricting alcohol consumption zones and increasing oversight.
What this demonstrates is critical: when lived experiences are made visible, institutions are better positioned to respond. Safety improves not through individual vigilance alone, but through systemic awareness and action.
This is what prevention looks like.
On the other hand, when laws increase stigma or make identity harder to assert, they weaken the very systems that enable such responses. Policies that increase barriers do not reduce violence, instead they drive it underground. Safety must be understood as a public good, designed through inclusive laws, responsive institutions, and community trust.
India’s Constitution guarantees equality, dignity, and personal liberty. These are not abstract ideals – they are the operating conditions for safe societies. When the state introduces identity verification processes that undermine autonomy and dignity, it is not just limiting rights.
It is weakening the systems that prevent violence.
This is not only India’s story. From parts of the United States to Europe, we see increasing attempts to regulate gender identity and restrict bodily autonomy – whether through limits on healthcare access, increased scrutiny of identity, or complex legal recognition processes. These policies are often framed as administrative safeguards. But their impact is consistent – they erode trust, isolate communities, and increase exposure to harm.
To change this, governments must:
- uphold self-identification as a fundamental principle of dignity
- ensure that support systems, formal or informal, are protected, not penalized
- invest in data-driven approaches that surface, rather than suppress, lived experiences of violence
We have seen what works. When institutions listen, when communities are trusted, when dignity is non-negotiable – violence reduces. When transgender individuals can feel safe in their identity, they are more likely to seek help, report abuse, and participate fully in public life. This is why we must urgently revisit the 2026 amendments, ensuring they uphold self-identification, protect chosen families, and strengthen, rather than undermine, the conditions for safety.
Safe cities cannot be built on a foundation of exclusion. They are built on trust, dignity, and the right to exist without fear.
ElsaMarie D’Silva (she/her) is the founder of Red Dot Foundation and creator of Safecity, a global platform that crowdsources data on gender-based violence to inform safer cities. She is an Aspen New Voices Fellow, Yale World Fellow, and Visiting Fellow at the Centre for Protecting Women Online at the Open University, UK.
Harish Iyer (he/she) is a renowned equal rights activist and a gender fluid trans person. He is a veteran campaigner and moved Supreme Court in landmark cases, including the decriminalization of Section 377, Marriage Equality, and LGBTQIA+ blood donation rights. He works at the intersection of law and social justice to build a more equitable society.