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Certified Unconstitutional: Medical Gatekeeping And The 2026 Transgender Amendment's Three Proportionality Failures

Oct 18
1 min read



Mitansh Singh Chandel, WBNUJS


ABSTRACT


The Transgender Persons (Protection of Rights) Amendment Act, 2026 makes three amendments of the type that become operative: there is now a requirement in §6 for a recommendation by a Medical Board; §7(1A) introduces a new requirement for the hospital to report; and §7 introduces a new requirement for a revised certificate. Existing commentary has framed the challenge as a binary contest between parliamentary nullification of National Legal Services Authority v. Union of India and the substratum doctrine, a framing both imprecise and analytically insufficient. This article maps each operative change against a distinct limb of the proportionality framework from K.S. Puttaswamy v. Union of India: §6 fails the antecedent legality condition for absence of any defined evaluation criteria, §7(1A) fails the necessity prong as a universal surveillance sweep disproportionate to the State’s welfare-delivery purpose, and §7 fails the balancing prong as a redundant compulsion delivering zero informational benefit to the State. Two counter-arguments, misuse prevention and the substratum doctrine, are addressed and resolved. The article concludes by proposing a constitutional minimum the bench must establish even if it declines to strike down the Amendment in full.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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