Overview
The Transgender Persons (Protection of Rights) Amendment Bill, 2026 was introduced in the Lok Sabha on 13 March 2026 and cleared the Rajya Sabha on 25 March 2026. It tightens the definition of a "transgender person", removes the provision for self‑perceived gender identity, and creates a medical‑board‑based certification process. While the government says the changes fix gaps in the 2019 Act, critics argue that the Bill leaves many structural problems untouched.
Key Developments
- Definition narrowed to specific socio‑cultural identities (kinner, hijra, aravani, jogta, eunuch) and to persons with biologically‑defined intersex variations or those forced into such identities through surgical or hormonal procedures.
- Self‑identification clause in Section 4(2) deleted; a Chief Medical Officer will head a medical board that certifies gender identity.
- All transgender‑related surgeries must be reported by hospitals to the District Magistrate and the medical board.
- Section 18 now prescribes rigorous imprisonment of 5‑14 years for forcing anyone into a "transgender presentation" and for related begging or servitude.
- The statutory bodies – National Council for Transgender Persons and State Welfare Boards – remain unchanged, ignoring proposals to rename them as GIESC councils.
- No provision for genetic counselling, longitudinal studies on affirming surgeries, or explicit ban on non‑consensual intersex surgeries.
Important Facts
India lacks reliable data on transgender and intersex populations, making policy design difficult. Thousands of intersex infants are still subjected to non‑consensual “normalising” surgeries each year, causing lifelong physical and mental trauma. The Bill continues to group intersex persons under the transgender label, contrary to intersex definitions used by the United Nations and the World Health Organization.
The Bill also retains the