The Union government on Friday introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in the Lok Sabha, proposing major changes to the definition of transgender persons and the process for legal recognition.
The bill, introduced by Social Justice Minister Virendra Kumar, narrows the definition that was earlier provided under the 2019 law. The earlier act defined transgender persons broadly as individuals whose gender identity did not match the gender assigned at birth, including trans-men, trans-women, genderqueer persons and those with intersex variations. Under the new proposal, the definition primarily focuses on biological or congenital conditions and certain traditional socio-cultural identities.
Revised definition and certification process
According to the amendment, a transgender person would include individuals belonging to socio-cultural communities such as kinner, hijra, aravani, jogta or eunuch. It also includes persons with specified intersex variations or those born with congenital variations in sex characteristics such as external genitalia, chromosomal patterns, gonadal development or hormone production.
The definition also covers individuals who have been forced or coerced into presenting as transgender through practices such as mutilation, emasculation, castration, amputation or other surgical, chemical or hormonal procedures.
However, the bill explicitly states that the definition “shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities.”
Another major change is the removal of the right to self-identify gender. The amendment omits Section 4(2) of the 2019 Act, which allowed individuals to identify their gender based on self-perception, a principle rooted in the Supreme Court’s 2014 NALSA judgment.
Instead, the bill introduces a medical board as the authority for certification. The board will be headed by a chief medical officer or deputy chief medical officer. A district magistrate may issue a certificate only after reviewing the recommendation of this medical authority and consulting other experts if required.
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Changes in legal provisions and penalties
The amendment also modifies rules regarding gender-affirming surgery. The earlier law allowed individuals who had undergone such surgery to apply for a revised certificate. The new bill makes this mandatory by replacing the word “may” with “shall.” Medical institutions performing such procedures will also be required to report details to the district magistrate and the medical authority.
The proposed law also expands the penal provisions for certain offences. Under the new framework, kidnapping or causing grievous harm to a child with the intent of forcing them to assume a transgender identity would be punishable with life imprisonment and a minimum fine of ₹5 lakh.
For similar offences involving adults, the punishment would be rigorous imprisonment of at least 10 years, which may extend to life, along with a minimum fine of ₹2 lakh.
Forcing a child to dress or present as transgender for begging, solicitation or bonded labour could attract a prison term of 10 to 14 years and a minimum fine of ₹3 lakh. For adults, the punishment would be five to 10 years in prison and a minimum fine of ₹1 lakh.
Rights activists and members of the transgender community have criticised the proposal. As per a report of Hindustan Times, public policy researcher Avinaba Dutta said: “The 2026 amendment narrows the definition of transgender persons, removes the right to self-identified gender, introduces medical boards for certification, strengthens government oversight, and significantly increases criminal penalties for forced mutilation or exploitation linked to transgender identity.”
Other offences such as forced labour, denial of public access, forced eviction and various forms of abuse will continue to carry punishment ranging from six months to two years.
The amendment also proposes changes in the composition of the National Council for Transgender Persons, stating that representatives from states and Union territories must be of director rank and nominated on a rotational basis from different regions of the country.
The government said in its statement of objects and reasons that doubts had emerged regarding the scope of the current definition and the identification process under the existing law. It added that the legislation should focus on protecting individuals who face severe social exclusion due to biological factors beyond their control.
