GS Paper II — Q1
Right to privacy relating to self-identity is very dear to every human being and well protected under Article 21 of the…
Right to privacy relating to self-identity is very dear to every human being and well protected under Article 21 of the Constitution. In this context, examine the effect of the amendment in 2026, to the Transgender Persons (Protection of Rights) Act, 2019. (Answer in 150 words) 10 marks
हिंदी में प्रश्न पढ़ें
स्व-अभिनिर्धारण से सम्बन्धित निजता का अधिकार प्रत्येक व्यक्ति को प्रिय है तथा संविधान के अनुच्छेद 21 में भली-भाँति संरक्षित है। इस संदर्भ में, उभयलिंगी (ट्रांसजेंडर) व्यक्ति (अधिकारों का संरक्षण) अधिनियम, 2019 में 2026 के संशोधन के प्रभाव का परीक्षण कीजिए। (उत्तर 150 शब्दों में दीजिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
NALSA (2014) and Puttaswamy (2017) located gender self-identification inside Article 21 privacy and dignity, without surgery.
The 2019 Act already diluted this by DM certification. The 2026 amendment goes further: it drops self-perceived identity from the definition (confining it largely to socio-cultural identities such as kinner and hijra), requires a medical board recommendation before the DM issues a certificate, and obliges hospitals to report gender-affirming surgery to the DM, after which a revised certificate must be sought. The government's stated aim is to prevent misuse and ensure that welfare reaches genuine beneficiaries.
Measured against *Puttaswamy*'s test of legality, legitimate aim and proportionality, however, it retracts informational and decisional privacy: the body becomes a condition of legal identity, contrary to constitutional morality in NALSA. New offences against coerced transgender presentation for begging or servitude do not cure this.
Net effect: state intrusion into the most intimate sphere of selfhood, chilling those who cannot or will not undergo surgery; validity will turn on whether less intrusive verification could meet the same aim.
How this answer will be evaluated
Framework: GS2: Constitutional Law & Governance
What earns full marks: Precisely links 2026 medical board/surgery mandate to Article 21 privacy violation.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Assess the impact of the 2026 amendment on the right to privacy and self-identity under Article 21. 10 marks · 150 words
examine— intro → how/why with reasoning → evidence → conclusion
Must cover
- Link self-identity to Article 21 privacy (Puttaswamy).
- Identify 2026 amendment's medical board requirement.
- Analyze exclusion of self-perceived identities.
- Evaluate impact on constitutional morality.
Loses marks
- Reciting 2019 Act without 2026 changes.
- Activist tone without legal analysis.
- Failing to link amendment to Article 21.
Earns more
- Mention hospital reporting of gender-affirming surgery and the revised certificate after surgery
- Note the government's stated aim (curbing misuse, targeting welfare to genuine beneficiaries) and weigh it against the privacy intrusion.
- Discuss the new offences against coerced transgender presentation for begging or servitude
- Contrast 2019 self-declaration with 2026 medical validation.
Extra mark
- Reference NALSA's rejection of surgery/medical tests as a condition of gender recognition, or Navtej Johar (2018) on dignity and constitutional morality.
- Apply Puttaswamy's proportionality test (legality, legitimate aim, necessity, balancing) to the medical-board requirement.
What "Examine" is asking you to do
Test the proposition the question puts to you and return a finding on how far it holds. Examine stems carry a claim, or ask whether something has happened, and expect evidence weighed both ways before the extent is stated — often with remedial measures attached.
Structure that answers it
Restate the claim as the question frames it → evidence that supports it → evidence that undercuts it → the conditions under which it holds → verdict on how far it stands
Where marks are lost
Stopping at description. An examination has to reach a finding, and “examine with justification” means the extent must be stated, not implied.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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