As we look at the current legal landscape in India in 2026, it is clear that we are witnessing a profound contradiction in how human dignity and identity are governed. On one hand, we have the memory of the landmark 2014 NALSA judgement, which promised that every individual has the fundamental right to self-identify their gender. On the other hand, we have the reality of the 2019 Transgender Persons Act and the more recent 2026 Amendment Bill, which seem to be moving backward by turning a deeply personal human right into a bureaucratic and medical process. This shift is not just a “policy change” it highlights a massive gap in how our society punishes harassment and protects mental health.

The backwards-moving law

The 2014 NALSA judgement recognised that gender is an innate perception of the soul, not just a biological observation. It ruled that no one should have to undergo medical surgery or face a board of strangers to prove who they are. However, the new 2026 bill is effectively opposing that progress. The government’s stated reason for this new bill is to “verify” identities to prevent the misuse of state benefits and to stop what they call “fraudulent” claims. But in doing so, they have made a medical board and the district magistrate the gatekeepers of identity.

​People are rightly upset because this “verification” process treats a person’s identity as a medical condition. It forces vulnerable individuals to stand before a board of doctors to get a “Certificate of Identity” just to be recognized by the state. This creates a “two-tier” system of humanity. If you have the certificate, you might be eligible for higher protections (like the 10-14 year jail sentences for crimes against trans people); but if you don’t have it, or if you simply choose to self-identify as the 2014 law promised, you are left with significantly less protection.

The way the law views harassment

Currently, for the general population, harassment is often treated as a “minor” offense, carrying a sentence of only 2 years. This is a massive failure of justice. Harassment is not a “small” thing; it is a violation of human rights that causes lifelong mental burdens, anxiety, and trauma. When a criminal only gets a “slap on the wrist” of 2 years, the law is essentially telling the victim that their mental peace isn’t worth much.

​In a country where we are updating our criminal codes , we cannot continue to value physical injury over mental injury. A broken bone heals in months, but the trauma of being stalked, bullied, or harassed can haunt a person for decades. The 2-year sentence is not a deterrent; it is an insult to the victim.

Ways to solve these problem efficiently

1. Universal rule and 5-Year Minimums

To solve this huge problem, we need to move toward a universal dignity model. Justice should not depend on what “category” of person you are or what ID card you hold. The violation of mental peace is the same for every human being. We must raise the punishment for proven harassment, where there is video, audio, or digital evidence, to at least 5 years for everyone.

​A 5-year sentence moves the crime from “minor” to “serious”. It sends a message to bullies and harassers that if they intentionally disturb another person’s peace, they will lose a significant portion of their own life. If the law can recognize 14-year protections for some, there is no logical reason it cannot provide at least 5 years of protection for everyone else.

2. Therapy at school

However, laws alone cannot fix a broken culture. We must address the problem where it starts: in our schools. I believe every school must have a dedicated “Dignity Counselor” or therapist. Many students who become bullies are often coming from abusive families themselves; they bring their home trauma to school and take it out on others. Without a professional on-site, these students have no “safe adult” to talk to, and the cycle of abuse continues.

​By placing a therapist in every school, we catch bullying early. These counsellors wouldn’t just “punish” kids; they would provide the “emotional first aid” that prevents a situation from escalating into a legal case. They can document the “mental burden” professionally, providing the evidence needed if a case ever does go to court. This also solves another major problem: employment. In a country with high competition for jobs, hiring thousands of specialised school therapists and lawyers creates a new, meaningful workforce dedicated to protecting the next generation.

3. Mental Health Fines

One of the most unfair parts of the current system is that the victim has to pay for their own healing. If someone harasses you and causes you to need therapy, why should you pay the psychiatrist’s bill? I propose that every harassment conviction should include a mandatory “mental health fine”. This fine should be determined by an official doctor or therapist and paid directly by the criminal to the victim. This ensures that the harasser is held financially accountable for the “repair” of the victim’s mind. It turns “I’m sorry” into actual restitution. If a bully knows that their actions will result in a 5-year jail term AND a bill for five years of therapy, the “cost” of harassment becomes too high for anyone to ignore.

Conclusion

The shift from the 2014 NALSA judgement to the 2026 Amendment Bill shows that we are losing our way. We are moving toward a world of “certificates” and “medical boards” instead of a world of “human rights” and “mental peace”. But we have the power to change this.

​By implementing this two-pronged approach, education in schools to prevent bullying and strict accountability in courts to punish harassment, we can build a society that truly values human dignity. We need to stop treating mental health as an “invisible” issue and start treating it as the foundation of a healthy nation. If we can hire the lawyers, train the therapists, and enforce the 5-year sentences, we won’t just be “fixing a bill”; we will be protecting the soul of our society. It is time for the law to catch up to the reality of human suffering and ensure that “mental peace” is a right that is never ever, ever taken for granted again.