Parliament on Wednesday passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, introducing sweeping changes to the legal framework governing recognition, rights and protection of transgender persons.
The Bill was passed in the Lok Sabha yesterday and in the Rajya Sabha today.
It amends the Transgender Persons (Protection of Rights) Act, 2019 and seeks to redefine who qualifies as a “transgender person,” while also strengthening penal provisions to address serious offences such as forced identity and bodily harm.
A central feature of the amendment is a reworked definition of “transgender person,” shifting from a broad, identity-based approach to a more restricted framework.
The amended provision recognises socio-cultural identities such as kinner, hijra, aravani and jogta, along with persons with inter-sex variations defined through biological characteristics including genitalia, chromosomes and hormone patterns.
It also introduces a category covering persons forced, through coercion, inducement or deceit, to assume a transgender identity, including via surgical or hormonal interventions .
At the same time, the definition expressly excludes persons with “different sexual orientations and self-perceived sexual identities,” removing self-identification as a standalone basis for recognition under the Act .
The Statement of Objects and Reasons states that the earlier definition was “vague and broad,” making identification difficult and complicating enforcement. It adds that the law is intended to protect “a specified class of persons” facing severe social exclusion, rather than all gender identities. It states,
"The legislative policy was and is intended to protect only those who face severe social exclusion due to biological reasons for no fault of their own and no choice of their own."
The Bill introduces a structured process for recognition. It defines an “authority” as a medical board headed by a Chief Medical Officer or Deputy Chief Medical Officer. District magistrates will issue identity certificates after examining recommendations of such authorities and, if required, consulting medical experts .
For gender change following surgery, medical institutions must furnish details to authorities, based on which revised certificates will be issued. The law also enables individuals to change their first name in official documents upon certification.
The amendment significantly expands Section 18 of the Act by introducing graded punishments.
While the earlier law prescribed up to 2 years’ imprisonment for general offences, the revised framework imposes stricter penalties for serious crimes. Abduction and grievous harm to force a person into a transgender identity is punishable with a minimum of 10 years’ imprisonment, extendable to life.
Similar offences involving children attract life imprisonment. Coercion for exploitation, including begging or bonded labour, carries 5 to 10 years’ imprisonment.
Other offences such as denial of access to public places, forced eviction and abuse continue to attract imprisonment between 6 months and 2 years.
The law will come into force upon Presidential assent and by notification in the Official Gazette.
[Read Bill]