When Laws Are Passed in Silence: What It Means Beyond the Trans Community

By Soumini Menon | Developmental & Counselling Psychologist


There are some developments that enter public consciousness immediately and they are debated, dissected, and discussed at length. And then there are others that pass more quietly.

Not because they are insignificant.
But because they are easy to distance from.

The recent passing of the Transgender Persons (Protection of Rights) Amendment Bill feels like one of those moments. It has stayed with me not only because of what it means for transgender persons, but because of how little it has entered everyday conversation in the spaces I occupy.And that absence feels telling.

Before going further, it feels important to locate some terms that often get used interchangeably, but carry different meanings.

  • Transgender refers to people whose gender identity does not align with the sex assigned to them at birth.
  • Cisgender refers to those whose gender identity does align with their assigned sex.
  • Queer is a broader, reclaimed umbrella term that includes diverse identities across gender and sexuality.

For many these are just confusing not typical labels. These are not just labels. They are ways people understand themselves, locate belonging, and claim space in a world that has historically denied it.

The law at its core shapes how gender identity is recognised and by whom. Questions of identity are not merely administrative. They are deeply personal, political, and relational. When systems position themselves as authorities over identity deciding what is valid, what needs verification, what must be certified; it raises an important question:

Who gets to decide who you are?

This is not a new question for transgender communities alone. It is one they have been navigating, resisting, and speaking about for decades. Yet, once again, decisions have been made in ways that many activists and community voices have expressed concern about.

Trans communities in India and across the world have consistently spoken about:
dignity, safety, autonomy, and the right to self-identify.

They have protested.
Educated.
Advocated.

Still there remains a recurring pattern where lived experience is acknowledged, but not always centred in decision-making. When this happens, something subtle but significant shifts. Policies may claim to protect.
But they can also regulate.
Support can begin to look like supervision. Recognition can come with conditions. And what gets called “progress” can sometimes feel like a step taken without those most affected walking alongside.

It is tempting to locate this as an issue that concerns only transgender persons. However that framing allows the rest of us to remain comfortably distant, because what is really at stake here extends beyond one community.

It is about:

  • Who gets to define identity
  • How difference is accommodated or constrained
  • Whether lived experience is trusted or overridden
  • What kind of voices are given legitimacy in shaping systems

When any group’s autonomy over identity is mediated by authority, it sets a precedent for how difference, in general, is treated. In that sense, this is not separate from us. It is reflective of the kind of society we are part of and co-create.

Also like i shared at the beginning, what has stayed with me most is not just the law itself, but the relative quiet around it. The absence of conversation in everyday spaces like at dinner tables, in WhatsApp groups, in professional circles.

Conversations about minorities often get positioned as:
too political,
too uncomfortable,
or not immediately relevant.

But silence is not neutral.

It shapes what becomes visible.
What remains unquestioned.
And whose realities are easier to overlook.

Talking about transgender rights or any minority experience and is not about having all the right language or perfect understanding.

It is about:

  • Being willing to stay with discomfort
  • Expanding what we consider “normal”
  • Not outsourcing difficult conversations to those most affected

When these conversations are absent, so is the possibility of collective accountability. If dominant narratives feel limited, it becomes important to actively seek out voices that speak from lived experience and advocacy.

Some individuals and organisations doing important work include:

  • Mariwala Health Initiative
  • Nazariya
  • Naz Foundation (India) Trust
  • The Humsafar Trust

And voices such as:

  • Laxmi Narayan Tripathi
  • @transmen_collective
  • @yesweexistindia

These are not just “resources” but they are ongoing conversations, resistance, and reimagining of what dignity and inclusion can look like.

Perhaps the question is not only What does this law say?

But also:

Why are we not talking about it more?

And what does that silence make possible?

Because sometimes, what is left unsaid shapes as much as what is written into law.


Soumini Menon is a developmental and counselling psychologist with over 15 years of experience. She works with children, individuals, families and communities. Her work draws on narrative and arts-based practices to support people in making sense of their stories, especially around trauma, identity, and relationships.


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