NEW DELHI — In a move that has sparked immediate backlash from human rights advocates and the LGBTQ+ community, Union Social Justice Minister Virendra Kumar introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in the Lok Sabha on Friday, March 13, 2026.
The bill seeks to fundamentally overhaul the 2019 Act by narrowing the definition of transgender persons to biological and traditional socio-cultural identities, while introducing a stringent medicalized certification process and severe criminal penalties for the exploitation of children.
1. A Narrower, “Biological” Definition
The 2026 Bill replaces the 2019 Act’s inclusive definition—which allowed for a broad spectrum of gender identities—with a more restrictive framework.
- Traditional Identities: The new definition specifically recognizes those with traditional socio-cultural identities such as Kinner, Hijra, Aravani, Jogta, or Eunuch.
- Biological Basis: It focuses on persons with “specified intersex variations” or those born with congenital variations in sexual characteristics (chromosomal, hormonal, or anatomical).
- Exclusion Clause: The bill explicitly states that the definition “shall not include… persons with different sexual orientations and self-perceived sexual identities.”
2. Removal of the Right to Self-Identification
In a departure from the 2014 NALSA judgment by the Supreme Court, the bill omits the right to self-perceived gender identity.
- Medical Boards: Instead of directly applying to a District Magistrate (DM), individuals must now appear before a Medical Board headed by a Chief Medical Officer. The DM will issue a certificate only upon the board’s recommendation.
- Mandatory Reporting: Transgender persons who undergo gender-affirming surgery must apply for a revised certificate. Medical institutions are now legally required to report details of such surgeries to the authorities.
3. Drastic Increase in Criminal Penalties
The amendment introduces a “graded” punishment system to combat forced entry into the transgender community and exploitation.
- Life Imprisonment: Kidnapping or causing “grievous hurt” to a child (including forced mutilation, castration, or hormonal procedures) to compel them to assume a transgender identity is now punishable by rigorous imprisonment for life and a minimum fine of ₹5 lakh.
- Adult Victims: Similar offences against adults carry a minimum of 10 years, extending to life.
- Forced Labor/Begging: Forcing a child to present as transgender for begging or bonded labor is punishable by 10 to 14 years of rigorous imprisonment.
4. Government vs. Community Reaction
The government maintains that the 2019 Act was being “misutilized” and that the amendment ensures protection reaches those in “actual need due to biological reasons.”
However, rights advocates are calling the bill “colonial-era” in its approach.
- “Turning Back the Clock”: Senior advocate Jayna Kothari argued the bill mimics the language of the scrapped Telangana Eunuchs Act, criminalizing the community under the suspicion of kidnapping.
- Exclusion Fears: Community leaders warn that by highlighting only traditional groups, the bill excludes “trans-men, trans-women, and genderqueer persons” who do not belong to traditional socio-cultural sects.
Comparative Snapshot: 2019 Act vs. 2026 Amendment
| Feature | 2019 Act | 2026 Amendment Bill |
| Definition | Inclusive (Gender identity vs. birth sex) | Biological / Traditional identities only |
| Self-ID | Explicitly permitted | Removed; Medical Board required |
| Certification | District Magistrate (Direct) | DM + Medical Authority Recommendation |
| Max Punishment | 2 years imprisonment | Life Imprisonment (for specific crimes) |
| Reporting | Voluntary | Mandatory for surgeries and institutions |