CPM opposes Transgender Persons (Amendment) Bill; demands menstrual leave for women

New Delhi: The CPM on Saturday opposed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, alleging the proposed changes undermine the principle of self-determination of gender identity and violate the constitutional rights of such people.

The party also criticised observations made by the Supreme Court while disposing of a petition seeking menstrual leave for working women. It said the remarks were "negative and discriminatory".

About the bill seeking changes in the law for transgender persons' rights, the CPM demanded its withdrawal, saying laws that affect the rights of particular communities should not be introduced without prior consultation with stakeholders.

It alleged the bill omits recognition of self-perceived gender identities and instead requires certification by a medical board headed by a chief medical officer, while empowering the district magistrate to scrutinise such certificates before issuing identity documents.

"These provisions directly violate the fundamental rights to privacy, dignity and personal autonomy guaranteed under Article 21 of the Constitution," the CPM said, adding the amendments would subject transgender persons to "invasive bureaucratic and medical oversight".

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In a statement, the party's Politburo said the amendments "fundamentally negate the principle of self-determination of gender identity affirmed by the Supreme Court in the NALSA v. Union of India (2014)".

The CPM also claimed that the definition of transgender persons has been "drastically narrowed", noting that while the 2019 Act recognised transmen, transwomen, gender-queers and persons with diverse gender identities, the amended definition primarily recognises specific socio-cultural communities and persons with intersex variations.

According to the Left party, the statement of objects and reasons of the bill "explicitly disavows any intention to protect persons with self-perceived gender identities", which it said would exclude trans men, non-binary and gender-fluid persons from legal protection.

Alleging the government was attempting to impose a "rigid, Brahmanical concept of gender and social order", the party said the amendments would dismantle the limited protections available under the 2019 law and replace them with a system of "state surveillance, medical gatekeeping and bureaucratic control".

Criticising the Supreme Court's observations while disposing of a petition seeking menstrual leave for working women, the CPM said, "It has implied that women's health needs are secondary to the productivity of companies.”

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The CPM added that menstrual leave should be seen as a reasonable accommodation, recognising women as equal participants in the workforce.

The party asserted that ignoring menstruation and the pain women may experience during this period "invisibilises the issue and forces women to suffer". It demanded that menstrual leave be recognised as a right for working women and incorporated in leave rules to ensure women can work with dignity.

The Supreme Court on Friday refused to entertain a PIL seeking a nationwide policy providing paid menstrual leave for women students and workers, observing that no one would give them jobs in such a scenario and that such a provision would unintentionally reinforce gender stereotypes.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that while the intent behind the petition might be welfare-oriented, the practical reality of the job market could lead to "counter-productive" outcomes for women.