Clinical Psychology Society Flags Concerns Over Transgender Persons Amendment Bill, 2026

· Free Press Journal

Mumbai: The Clinical Psychology Society of India (CPSI) has issued a formal position statement expressing concern over key provisions in the Transgender Persons (Protection of Rights) Amendment Bill, 2026, which received Presidential assent on 31 March 2026. The organisation stated that its intervention is guided by its ethical obligation to safeguard the wellbeing, dignity and access to care of vulnerable populations.

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In its statement dated 7 April 2026, CPSI criticised the removal of the right to self-identification and what it described as the arbitrary introduction of recent amendments that redefine gender classification. The body argued that such provisions run contrary to the landmark NALSA v. Union of India (2014) judgment, which recognised the right to self-identify one’s gender as a fundamental aspect of dignity, autonomy and inclusion.

The organisation further highlighted that the World Health Organization’s International Classification of Diseases (ICD-11), adopted in 2019 and widely followed in India, acknowledges gender identity as a natural variation in human experience rather than a mental disorder. CPSI noted that this global shift towards more affirming and rights-based approaches is reflected in contemporary clinical practice, where diverse gender identities and expressions are recognised and supported.

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Medical Certification Mandate Could Create Gatekeeping Barriers

Raising additional concerns, CPSI warned against processes mandating medical certification or review as prerequisites for recognising gender identity. It stated that such measures could function as gatekeeping mechanisms, potentially creating further barriers for individuals already navigating systemic inequities and minority stress. These barriers, the organisation cautioned, could adversely affect mental health outcomes, help-seeking behaviour and access to essential care services.

Reaffirming its professional commitments, CPSI underscored the importance of ethical standards in mental healthcare, including the right to dignity, confidentiality, informed consent and access to the least restrictive care. It cited provisions under the Mental Healthcare Act, 2017 as foundational to its approach.

The statement concluded with a call for policies that are trauma-informed, inclusive and aligned with both constitutional principles and international best practices, emphasising the need for legal and social systems that respect and respond to gender diversity.

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