The Union government introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in Parliament during the Budget Session. The move has drawn strong criticism from opposition leaders and members of the transgender community, who say the proposed changes weaken protections provided under the 2019 law. According to the Bill, the amendment aims to change the definition of transgender persons, revise the identity certification process, and introduce stricter punishments in cases of forced gender identity. However, critics argue that these changes may reduce the scope of recognition and exclude several gender identities that were earlier protected.
Narrower Definition of Transgender Persons
Under the Transgender Persons (Protection of Rights) Act, 2019, the definition of transgender persons was broad. It included trans men, trans women, intersex individuals, gender queer people, and traditional socio-cultural identities like kinnar, hijra, aravani, and jogta.
The 2026 amendment changes this definition. It mainly limits recognition to people with certain intersex variations and traditional identities such as kinner, hijra, aravani, and jogta.
The Bill also clearly states that people with different sexual orientations and self-identified gender identities will not be included.
Critics warn that this change could exclude trans men, trans women, non-binary, and gender queer individuals, leading to concerns about the “erasure” of identities that were earlier legally recognised.
Removal of Self-Perceived Identity Provision
Another key change is the removal of Section 4(2) of the 2019 Act, which allowed individuals to identify their gender based on self-perception.
Activists and opposition leaders say removing this provision weakens the right to self-identification, which has been an important part of transgender rights.
New Certification Process
The amendment also changes how a transgender person can get a Certificate of Identity. Under the 2019 law, individuals could apply to the District Magistrate using a self-declaration and Aadhaar card.
The 2026 Bill introduces a more complex process. Now, the District Magistrate can issue a certificate only after reviewing recommendations from a medical board led by a Chief Medical Officer or Deputy Chief Medical Officer. Other medical experts may also be consulted if needed.
In addition, if a person undergoes gender-affirming surgery, the hospital must report it to authorities. The individual must then apply again to update their certificate.
Critics say this process may make registration harder and could affect access to healthcare and legal rights.
Concerns Over Retrospective Effect
Opposition leaders and rights groups have raised concerns that the new definition could affect identity cards issued under the 2019 law.
This may create problems for people who have already received legal recognition under the earlier rules.
Stricter Criminal Provisions
The amendment also introduces stricter punishments by replacing Section 18 of the Act.
For example, kidnapping or seriously harming someone to force them into a transgender identity could lead to imprisonment ranging from 10 years to life, along with heavy fines.
While the government says these provisions are meant to prevent serious abuse, critics worry that they could be misused. They say shelters, NGOs, or doctors might face legal trouble, especially in cases where minors leave abusive homes.
Ongoing Debate
The government says the amendment is meant to provide a clearer definition so that protections reach those who face severe social exclusion due to biological reasons.
However, the Bill has sparked widespread debate, and discussions are expected to continue as Parliament takes it up further.
