Bill To Amend Transgender Persons Act Introduced In Lok Sabha; Seeks To Omit Self-Perceived Identification
The Transgender Persons (Protection of Rights) Amendment Bill, 2026 was introduced in the Lok Sabha on March 12 by Union Minister for Social Justice and Empowerment Dr. Virendra Kumar, proposing significant changes to the Transgender Persons (Protection of Rights) Act, 2019.
The Bill seeks to narrow the definition of “transgender person”, modify the procedure for recognition of gender identity, and introduce stricter penal provisions for offences involving forced conversion of individuals into transgender identities through mutilation or coercion.
Revised Definition Of “Transgender Person”
One of the key amendments proposed in the Bill is a revised definition of “transgender person”. The new definition recognises persons with socio cultural identities such as kinner, hijra, aravani, jogta and eunuch, as well as persons with intersex variations involving congenital variations in primary sexual characteristics, genitalia, chromosomal patterns, gonadal development or hormone production.
The Bill also includes persons who are forced through mutilation, emasculation, castration, surgical, chemical or hormonal procedures to outwardly present a transgender identity.
At the same time, the proposed definition clarifies that persons with different sexual orientations or self perceived sexual identities will not fall within the definition of transgender persons under the Act.
According to the Statement of Objects and Reasons, the amendment aims to ensure that the protections of the Act reach a specific class of transgender persons who face “severe social exclusion due to biological reasons”, and not “each and every class of persons with various gender identities or self perceived gender identities”.
Changes To Recognition Of Gender Identity
The Bill proposes changes to the procedure for issuance of a certificate of identity as a transgender person.
Under the proposed amendment, the District Magistrate will issue a certificate of identity after examining the recommendation of a designated medical board headed by a Chief Medical Officer or Deputy Chief Medical Officer. The District Magistrate may also seek assistance from other medical experts if necessary.
The Bill also omits Section 4(2) of the 2019 Act, which presently recognises the right of a transgender person to self perceived gender identity.
Further, the amendment provides that a person who receives a certificate of identity as a transgender person will be entitled to change their first name in their birth certificate and other official identity documents.
Changes To Procedure After Gender Reassignment Surgery
The Bill also modifies the procedure for change in gender after surgery.
A medical institution where a person undergoes gender reassignment surgery will be required to furnish details of the person to the District Magistrate and the designated authority. The person must then apply to the District Magistrate with a certificate issued by the Medical Superintendent or Chief Medical Officer, after which the District Magistrate may issue a certificate indicating the change in gender.
Reconstitution Of National Council
The Bill proposes a modification in the composition of the National Council for Transgender Persons.
Representatives of State Governments and Union Territories will be nominated by the Central Government on a rotational basis from the North, South, East, West and North East regions. Such representatives must not be below the rank of Director in the concerned Ministry or Department.
New Penal Provisions For Forced Conversion And Exploitation
The Bill also proposes to substitute Section 18 of the 2019 Act to introduce specific offences with graded punishments.
The proposed provisions criminalise acts such as kidnapping or abducting persons and causing grievous bodily harm through mutilation, emasculation, castration or other procedures in order to force them to assume a transgender identity.
For adults, such offences may attract rigorous imprisonment ranging from ten years to life and a minimum fine of ₹2 lakh. In cases involving children, the punishment may extend to life imprisonment with a minimum fine of ₹5 lakh.
The Bill also introduces offences for forcing persons or children to present themselves as transgender and engaging them in begging, servitude or bonded labour, punishable with rigorous imprisonment of up to ten years in the case of adults and up to fourteen years in the case of children.
The Statement of Objects and Reasons states that the amendment seeks to address difficulties that have arisen in implementing the 2019 Act due to what it describes as a “vague and broad” definition of transgender persons.
The government stated that a precise definition is necessary to ensure that the protections under the Act reach those who face extreme social discrimination and to address serious offences involving abduction, bodily harm and forced assumption of transgender identities.
The Bill also states that the proposed offences will operate alongside general criminal law provisions under the Bharatiya Nyaya Sanhita and other laws.