Transgender Persons (Protection of Rights) Amendment Act, 2026

Transgender Persons (Protection of Rights) Amendment Act, 2026
Parliament of India
  • An Act to amend the Transgender Persons (Protection of Rights) Act, 2019.
CitationAct No. 3 of 2026
Passed byLok Sabha
Passed24 March 2026
Considered byRajya Sabha
Passed25 March 2026
Assented to byDroupadi Murmu
Assented to30 March 2026
Legislative history
Initiating chamber: Lok Sabha
Bill titleTransgender Persons (Protection of Rights) Amendment Bill, 2026
Bill citationBill No. 79 of 2026
Introduced byVirendra Kumar Khatik, Union Social Justice and Empowerment Minister
Introduced13 March 2026
Passed24 March 2026
Revising chamber: Rajya Sabha
Passed25 March 2026
Amends
Transgender Persons (Protection of Rights) Act, 2019
Status: Not yet in force

The Transgender Persons (Protection of Rights) Amendment Act, 2026, is a piece of legislation in India that was enacted to amend the Transgender Persons (Protection of Rights) Act, 2019. Introduced in the Parliament of India on 13 March 2026, the act aims to revise the procedures for legal gender recognition and the issuance of identity certificates for transgender individuals.[1] The act has generated significant debate regarding the balance between preventing the misuse of welfare benefits and upholding the right to self-determined identity established by the Supreme Court of India in the 2014 National Legal Services Authority v. Union of India (NALSA v. UOI) judgment.[2] The Bill was passed in the Lok Sabha on 24 March,[3] in the Rajya Sabha on 25 March[4] and by the President on 30 March 2026. It is yet to be enforced by the Central Government.[5]

Background

The 2019 Act allowed transgender individuals to obtain a "transgender certificate" based on their self-perceived identity, through the Transgender Certificate and Identity Cards scheme.[1] The 2026 Amendment Act proposes to change this by making medical scrutiny a mandatory prerequisite for any legal recognition of transgender status.[6]

Key provisions

The 2026 act introduces several structural changes to the process of obtaining identity documents:

  • The act drastically narrows the definition of transgender by only including socio-cultural identities (such as kinner, hijra, aravani, or jogta), some of which are related primarily to Hinduism and intersex people.[7] The act also removes from the definition previously recognised transgender categories such as trans men, trans women, genderqueer people and others whose gender does not align with their gender assigned at birth whether or not they have undergone hormone replacement therapy or gender reassignment surgery.
  • The act mandates the formation of medical boards at the state or union territory level to verify an applicant's claim.[1] The district magistrate (DM) would only issue an identity certificate after a recommendation from the medical board. The DM now has the discretion to then consult further 'medical experts' and make their decision on the application. This replaces the previous system where the DM issued certificates upon request.[1]
  • The act introduces new crimes with harsh punishments (cognizable and non-bailable), if anyone kidnaps, causes grievous hurt (defined as including castration, surgery or hormone therapy), and by force, deceit, allurement or undue influence causes someone to present a transgender identity. A second set of crimes targets those who by force, deceit, allurement or undue influence cause someone to present a transgender identity and employs them for soliciting, begging, bonded labour or other forms of servitude.[1]
  • Hospitals are mandated to report gender-affirming surgery to the respective district magistrate and medical board. The patient is also mandated to apply for a new certificate with the 'male' or 'female' gender marker post-surgery.[1]

Government rationale

The Government of India has stated that the amendments are necessary to prevent the "misuse" of the law. Officials argue that a formal verification process ensures that affirmative action measures and specific welfare schemes reach "genuine" beneficiaries rather than those misrepresenting their identity for personal gain.[1][2]

Criticism

Protests against the Bill in Goa. The banner reads "Amka Naka Trans Amendment Bill 2026" ("We Don't Want Trans Amendment Bill 2026")

The bill has faced criticism from activists and members of the transgender community. Critics argue that mandatory medical examinations pathologise transgender identities and violate the principle of self-identification recognised in the NALSA (2014) ruling. Human rights advocates have described the verification process as an invasion of privacy and a potential source of humiliation for applicants.[6][8][9] Several members of the National Council for Transgender Persons (NCTP) have publicly opposed the bill, claiming the draft was kept confidential and that the council was not consulted during its formulation.[10]

Activists criticised the new criminal clauses in the Bill, stating that this had the possibility to allow for further criminalisation of consensual medical care. The provisions on abduction, while intended to prevent abuse, were criticised by transgender advocates for reinforcing negative tropes about the transgender community. Further, it discourages doctors from providing advice and guidance on gender-reaffirming surgery, since it could lead to jail time. Further, medical groups condemned the amendment, stating that it is "scientifically inaccurate, medically unsound, and incompatible with contemporary standards of transgender healthcare".[11]

In February and March 2026, protests against the bill were reported at Jantar Mantar in New Delhi, where activists demanded the restoration of self-identification rights.[6] Protests were led by Anish Gawande from the NCP, the CPI(M) and the Students' Federation of India.[12] By late March 2026, protests were reported across India.[13] On social media, people protested with the hashtag #RejectTransBill2026.[11]

Protest against the Bill at Jantar Mantar on 29th Of March, 2026

Reactions

Shashi Tharoor called the bill a "deeply regressive proposal" in Parliament in March 2026.[14] The CPI(M) released an official statement, calling the Bill an "assault on the constitutional rights of transgender persons and must be withdrawn forthwith."[11] After the Bill was passed by voice vote in the Lok Sabha on 24 March 2026, MPs from opposition parties walked out. These included Samajwadi Party, Congress, Shiv Sena (UBT), DMK, CPI(M), Trinamool Congress, and the Nationalist Congress Party.[3]

Constitutional Challenge before the Courts

On May 4, 2026, the Supreme Court of India issued notices to the Central government and all States regarding petitions challenging the Act's constitutional validity. Despite the ongoing challenge, the Supreme Court has refused to stay the operation of the law for now. A total of 9 petitions were filed under Article 32 of the Constitution.[15][16][17]

See also

References

  1. 1 2 3 4 5 6 7 "Explained: The Transgender Persons (Protection of Rights) Amendment Bill, 2026 and the shift from self-identification". The Indian Express. 15 February 2026. Retrieved 19 March 2026.
  2. 1 2 "Row over Transgender Amendment Bill explained: Why are some opposed to it?". Hindustan Times. 20 February 2026. Retrieved 19 March 2026.
  3. 1 2 Lakshman, Abhinay (24 March 2026). "Transgender amendment bill passed by voice vote amid Opposition walk-out". The Hindu. ISSN 0971-751X. Retrieved 25 March 2026.
  4. ↑ "Parliament clears Transgender Persons(Protection of Rights) Amendment Bill amid uproar". The Hindu. 25 March 2026. ISSN 0971-751X. Retrieved 28 March 2026.
  5. ↑ "President Murmu gives assent to transgender amendment bill amid Opposition criticism". The New Indian Express. PTI. 1 April 2026. Retrieved 1 April 2026.
  6. 1 2 3 "Identity on Trial: Does the New Trans Bill Threaten Hard-Won Rights?". Outlook India. 28 February 2026. Retrieved 19 March 2026.
  7. ↑ "The Transgender Persons (Protection of Rights) Amendment Bill, 2026". PRS Legislative Research.
  8. ↑ George, Diya Maria (23 March 2026). "Identity pushed into identity". The New Indian Express. Retrieved 23 March 2026.
  9. ↑ Mathur, Aneesha (23 March 2026). "Erasure, not inclusion: Why activists are opposing amendments to Transgender Act". India Today. Retrieved 23 March 2026.
  10. ↑ "NCTP members oppose Transgender Act amendments, say not consulted". The Hindu. 5 March 2026. Retrieved 19 March 2026.
  11. 1 2 3 Kar, Sharmita (22 March 2026). "'Unconstitutional', 'Brahminical': Why Trans Persons Are Opposing Amendments to Their Rights Law". The Wire. Retrieved 25 March 2026.
  12. ↑ "Over 44 student bodies slam Transgender Rights Amendment Bill". The New Indian Express. PTI. 20 March 2026. Retrieved 20 March 2026.
  13. ↑ Henry, Nikhila; Singh Chadha, Pavneet (22 March 2026). "'Criminalising lived realities': Protests across India against Transgender Persons Amendment Bill". The Indian Express. Retrieved 23 March 2026.
  14. ↑ ""Deeply regressive proposal": Shashi Tharoor criticizes Transgender Persons Amendment Bill 2026". ANI News. Retrieved 23 March 2026.
  15. ↑ Singh, Ajitesh (4 May 2026). "Supreme Court issues notice on plea challenging 2026 Transgender Amendment Act; refers matter to three-judge bench". The Leaflet. Retrieved 4 May 2026.
  16. ↑ Jain, Debby (4 May 2026). "Supreme Court Seeks Union's Response On Challenge To Transgender Rights (Amendment) Act, Asks If Self-Identification Could Be Misused". www.livelaw.in. Retrieved 4 May 2026.
  17. ↑ Roy, Debayan (4 May 2026). "Supreme Court refuses to stay Transgender Amendment Act". Bar and Bench - Indian Legal news. Retrieved 4 May 2026.
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