Centre introduces Transgender Rights Amendment Bill 2026, seeks to redefine ‘Transgender Person’

The Union Government has introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in the Lok Sabha, proposing sweeping changes to the existing law governing transgender rights in India. The Bill, presented by Union Minister Dr. Virendra Kumar, seeks to redefine who qualifies as a “transgender person,” alter the process for legal recognition of gender identity, and create stringent criminal penalties for forcing individuals into transgender identities through coercion or mutilation, moves that could significantly reshape the legal framework surrounding gender identity protections.

The proposed amendment revises the definition of “transgender person” under the 2019 Act to specifically recognise socio-cultural identities such as kinner, hijra, aravani, jogta and eunuch, along with persons having intersex variations involving congenital differences in biological characteristics. At the same time, the Bill clarifies that individuals with different sexual orientations or self-perceived gender identities would not automatically fall within this definition. The legislation also restructures the procedure for issuing identity certificates, requiring the District Magistrate to act on recommendations from a designated medical board headed by senior medical authorities.

Another key change removes the statutory recognition of self-perceived gender identity previously provided under Section 4(2) of the Act, replacing it with a formal verification process. The Bill also sets out a structured mechanism for updating official records after gender reassignment surgery, requiring medical institutions to report procedures to authorities before a revised certificate is issued.

The government has justified the proposed amendments by arguing that the earlier statutory definition was too expansive and created implementation challenges. According to the official statement accompanying the Bill, the objective is to ensure that the law’s safeguards reach a specific group facing severe social marginalisation rather than extending to “each and every class of persons with various gender identities or self-perceived gender identities.”

The Bill also strengthens criminal provisions by introducing specific offences for abduction, mutilation, castration, or other coercive acts intended to force a person to assume a transgender identity, prescribing punishments ranging from ten years’ rigorous imprisonment to life imprisonment along with substantial fines.