Union Minister of Social Justice and Empowerment Introduces ‘Transgender Persons (Protection of Rights) Amendment Bill, 2026’ in Lok Sabha

The Union Minister of Social Justice and Empowerment introduced the ‘Transgender Persons (Protection of Rights) Amendment Bill, 2026’ in the Lok Sabha. This Bill proposes key amendments to the Transgender Persons (Protection of Rights) Act, 2019, including redefining the term “transgender person,” altering the process for recognizing gender identity, and introducing stricter penal provisions for crimes committed against transgender persons. The objective of this amendment is to clarify the legal definition of transgender persons and to address the difficulties encountered in implementing the 2019 Act. According to the government, the current definition is vague and broad, making it difficult to identify the intended beneficiaries of the Act. The government asserts that the law aims to protect individuals who face severe social exclusion due to biological reasons, rather than all individuals who claim a self-perceived gender identity or gender fluidity.

Key Features of the Amendment

¨     Revision of the Definition of “Transgender Persons”: This Bill proposes a relatively narrower definition of “transgender persons.”

It includes the following:

¨     Individuals with socio-cultural identities, such as Kinnar, Hijra, Aravani, Jogta, and *Paurushheen* (Eunuchs). Individuals with intersex variations. Individuals with congenital variations in sexual characteristics, including variations in genitals, chromosomal patterns, gonadal development, or hormone production. Individuals or children who have been coerced into adopting a transgender identity through mutilation, sterilization, surgery, or chemical or hormonal procedures. However, individuals with sexual orientations or self-perceived gender identities differing from this definition are excluded.     Abolition of the Right to Self-Perceived Gender Identity: This Bill proposes the deletion of Section 4(2) of the 2019 Act. Currently, this section guarantees a transgender person the right to their self-perceived gender identity.

¨     Medical Board for Gender Identity: A Medical Board, headed by a Chief Medical Officer (CMO) or a Deputy Chief Medical Officer, will recommend whether or not an individual qualifies as transgender. After examining the Board's recommendation, the District Magistrate (DM) will issue an identity certificate; if deemed necessary, the DM may also consult with additional medical specialists.

¨     Changes to Procedures Following Sex Reassignment Surgery (SRS): Medical institutions performing ‘Sex Reassignment Surgery’ (SRS) are required to submit a report detailing the procedure to the District Magistrate and designated authorities. Individuals undergoing SRS must submit an application for a revised gender certificate to the District Magistrate.

¨   Changes to Official Documents: Under the amended law, an individual recognized as transgender may change their first name in their birth certificate and other identity documents.

¨     Reconstitution of the National Council for Transgender Persons: Representatives from States and Union Territories will be nominated by the Central Government on a regional rotational basis (North, South, East, West, and North-East).

¨     It is mandatory for such representatives to hold a rank of at least Director level within their respective departments.

¨     New Penal Provisions: The amendment proposes graded penalties for specific offenses, including subjecting an individual to mutilation, emasculation, sterilization, or forcing them to adopt a transgender identity through chemical or hormonal procedures.

¨     Penalties include: For offenses committed against adults, imprisonment ranging from 10 years to life imprisonment, along with a minimum fine of ₹2 lakh. If the victim is a child, the punishment extends up to life imprisonment, along with a minimum fine of ₹5 lakh. • Other offenses include: kidnapping or abduction of transgender persons; compelling them into begging, bonded labor, or slavery; and compelling children to present themselves as transgender.