Defining the Subaltern: A Spivakian Assessment of the Transgender Persons Amendment Act, 2026 and Darling Diana

Abstract

Who am I? This is a rudimentary question about the self, which we decipher with individualistic confidence and freedom of thought. Upholding this individualistic vein, the Supreme Court of India in NALSA v/s Union of India (2014) decided that the right to self-identification of gender is a fundamental right. However, the Transgender Persons (Protection of Rights) Amendment Act, 2026 contradicts this judicial precedent. Is the right to self-identification limited to individuals who conform to the norms of the dominant class? How does the amendment marginalise the transgender community in India? The paper attempts to answer these questions through an analysis of the amendment of 2026, the connected parliamentary debates, and Darling Diana by Sanika Dhakephalkar to comprehend the subaltern from a Spivakian perspective. The paper employs a multidisciplinary approach, focusing on law and literature through close reading of the above-mentioned texts and the application of post-colonial theory.