Parliament on 25 March 2026 passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, with the Rajya Sabha approving it by voice vote one day after its passage in the Lok Sabha. The Bill, which amends the Transgender Persons (Protection of Rights) Act, 2019, replaces self-perceived gender identity with a medical board-based certification process and narrows the statutory definition of "transgender person." The legislation now awaits Presidential assent.
Background
The Transgender Persons (Protection of Rights) Act, 2019 was enacted following the Supreme Court's landmark judgment in National Legal Services Authority v. Union of India (2014), commonly known as the NALSA judgment, which recognised the right of transgender persons to self-identification of their gender as part of their fundamental rights under Articles 14, 19, and 21 of the Constitution. The 2019 Act, however, drew criticism from transgender communities for departing from the self-identification principle.
The Amendment Bill was introduced in the Lok Sabha on 13 March 2026. A motion by DMK Member Thiruchi Siva in the Rajya Sabha to refer the Bill to a select committee was rejected. The Lok Sabha passed the Bill on 24 March 2026 by voice vote amid an Opposition-led walkout, and the Rajya Sabha followed on 25 March 2026.
Key Provisions
The Amendment Bill introduces several substantive changes to the 2019 Act:
Revised definition: The Bill removes self-perceived gender identity from the definition of "transgender person." The new definition includes persons belonging to traditional socio-cultural identities (kinner, hijra, aravani, jogta, eunuch), persons with intersex variations or congenital differences in sexual characteristics, and persons compelled into transgender identity through force, allurement, or undue influence. Trans-men, trans-women, and genderqueer individuals are excluded from the revised definition.
Medical board certification: The issuance of a certificate of identity will now require review by the District Magistrate, based on recommendations from a designated authority and, where required, consultation with a medical board headed by a Chief Medical Officer. The earlier affidavit-based process is replaced with this structured verification mechanism.
Enhanced penalties for coercion: New penalty provisions include imprisonment of 10 years to life and a fine of not less than Rs 2 lakh for adults coerced into hormonal or surgical procedures, escalating to life imprisonment and Rs 5 lakh for offences against children.
Forced presentation offences: The Bill creates a new offence of forcing persons into presenting as transgender or into begging, carrying 5 to 10 years imprisonment and Rs 1 lakh fine for adults, and 10 to 14 years and Rs 3 lakh for children.
Mandatory reporting: Medical institutions performing gender-affirming surgeries must report the procedures to the District Magistrate, with revised identity certificates issued mandatorily following such procedures.
Implications for Practitioners
The constitutional validity of this Amendment is likely to face immediate challenge. The removal of self-identification conflicts directly with the Supreme Court's NALSA judgment, which held that the right to self-identify one's gender is protected under Articles 14, 19, and 21. Any challenge will need to argue that the Amendment effectively reverses a constitutional right recognised by the highest court without the constitutional bench overruling its own precedent.
For lawyers representing transgender persons in identity certificate proceedings, the shift from affidavit-based self-identification to medical board certification introduces a gatekeeping mechanism that will require navigating medical and administrative procedures. The undefined qualifications and composition of the medical board remain a significant ambiguity.
Criminal law practitioners should note the broad language of the coercion offences, particularly the reference to "undue influence" and "allurement," which civil liberties organisations have flagged as potentially criminalising community support networks and peer counselling among transgender persons.