Transgender Persons (Protection of Rights) Amendment Bill, 2026

Context:

Recently, the Union Government introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in the Lok Sabha. The bill proposes major changes to the Transgender Persons (Protection of Rights) Act, 2019, including the removal of the right to self-identification and the introduction of stricter criminal provisions.

Key Provisions of the Bill:

• • • Narrow Definition of Transgender Person:
      • The bill revises the definition of transgender persons.
      • It mainly includes:
        • Persons with socio-cultural identities such as hijra, kinner, aravani and jogta.
        • Persons with intersex variations or congenital sex-characteristic differences.
        • It excludes persons identifying as transgender solely on the basis of self-perceived identity or sexual orientation.
    • Removal of Self-Identification:
      • The earlier law allowed individuals to identify their gender based on self-perceived gender identity.
      • The amendment removes this provision.
      • Now, medical boards will examine and certify transgender identity before the District Magistrate issues a certificate.
    • Medical Board for Certification:
      • A medical board headed by a Chief Medical Officer will assess applications for gender certification.
      • The District Magistrate can issue the certificate only after the board’s recommendation.
    • Stronger Criminal Punishments: The bill introduces strict penalties for crimes such as:
      • Kidnapping persons to force a transgender identity
      • Forced mutilation, castration or surgery
      • Forcing children into a transgender identity
      • Punishment may extend to life imprisonment in serious cases involving children.

Background:

NALSA Judgment (2014):

The Supreme Court in NALSA v. Union of India (2014):

Recognised transgender persons as the third gender.

Recognised the right to self-identification of gender as part of Article 21 (Right to Life and Dignity).

About Transgender Persons (Protection of Rights) Act, 2019:

The Transgender Persons (Protection of Rights) Act, 2019 is the first comprehensive law to protect the rights of transgender persons in India. Its objective is to ensure legal recognition, non-discrimination and welfare of transgender individuals.

Key Features:

• • • Definition of Transgender Person:
      • A person whose gender does not match the gender assigned at birth.
      • Includes trans-men, trans-women, intersex persons, gender-queer persons and socio-cultural identities such as hijra and kinnar.
    • Certificate of Identity:
      • A transgender person can apply to the District Magistrate for a certificate of identity.
      • The certificate allows updating of name and gender in official documents.
    • National Council for Transgender Persons:
      • Advises the government on policies and welfare programmes for transgender persons.
    • Offences and Penalties:
      • Acts such as abuse, forced labour and denial of access to public places are punishable with imprisonment ranging from 6 months to 2 years, along with a fine.

Key Concerns:

• • • Removal of self-identification may contradict the NALSA judgment.
    • The introduction of medical certification may limit personal autonomy.
    • Activists argue that the law may exclude many transgender persons from legal protection.

Way Forward:

The law should be aligned with constitutional rights and the principles laid down by the Supreme Court, particularly regarding dignity, equality, and personal autonomy. There is also a need for wider consultation with the transgender community, civil society organisations, and subject experts to ensure that the legislation reflects the concerns and lived realities of transgender persons. In addition, the government should strengthen welfare schemes and expand access to education, healthcare, and employment opportunities in order to promote the social and economic inclusion of transgender individuals.