Transgender Amendment Bill gets Presidential assent amid protests

The Transgender Persons (Protection of Rights) Amendment Bill, 2026, which introduced sweeping changes to the legal framework governing the recognition, rights and protection of transgender persons, has received the assent of the President of India. .The Bill was passed by both houses of Parliament last week. The controversial Bill, now officially in force as an Act, amends the Transgender Persons (Protection of Rights) Act, 2019. It redefines who qualifies as a “transgender person,” while also strengthening penal provisions to address serious offences such as forced identity and bodily harm.The new legislation has been met with criticism from opposition parties and LGBTQIA+ groups. Stakeholders have argued that they were not consulted at all prior to the introduction of the Bill in parliament. Two members of the National Council of Transgender Persons (NCTP), Kalki Subramanium and Rituparna Neog, resigned from their posts the day the Rajya Sabha passed the Bill. A committee set up by the Supreme Court to examine transgender rights also asked the Union government to withdraw the Bill. The committee, headed by retired Delhi High Court judge Justice Asha Menon, wrote to the Ministry of Social Justice and Empowerment, highlighting concerns about several provisions in the amendment and requesting a reconsideration of the law.The criticism of the Act mainly relates to the removal of self-identification and the requirement of medical certification, which conflict with the principles laid down by the Supreme Court in the National Legal Services Authority (NALSA) judgment of 2014. The Rajasthan High Court, too, on Monday expressed concerns that the amendment risks turning “an inviolable aspect of personhood” into a State-mediated entitlement for transgender persons..More on the Transgender Amendment Act below:.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 trans 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 from the law's definition of transgender individuals those 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. 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 Act introduces a structured process for the recognition of transgender persons. 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 the authorities, based on which revised certificates will be issued. The law also enables transgender individuals to change their first name in official documents upon certification..The amendment significantly expands Section 18 of the Act by introducing graded punishments.The earlier law prescribed up to 2 years’ imprisonment for general offences. On the other hand, 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 imprisonment.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 denying transgender persons access to public places, forced eviction and abuse continue to attract imprisonment between 6 months and 2 years..[Read Act]