Transgender Persons (Protection of Rights) Amendment Act, 2026
The Transgender Persons Amendment Bill was passed by Parliament on 25th March 2026
Bill No. 79 of 2026
The Transgender Persons (Protection of Rights) Amendment Bill, 2026 seeks to significantly revise the 2019 law by narrowing the definition of “transgender person” to primarily include socio-cultural groups and persons with biological or intersex variations, while excluding self-perceived gender identities, and introducing a more regulated certification process involving medical authorities. It removes the right to self-perceived gender identity, strengthens administrative procedures for identity recognition and gender change, and mandates reporting by medical institutions. The Bill also enhances penal provisions by introducing stricter and graded punishments for serious offences such as forced gender alteration, exploitation, and abuse, while aiming to ensure that legal protections are targeted toward those facing severe social and biological disadvantages.
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) AMENDMENT ACT, 2026
(As introduced in Lok Sabha)
to amend the Transgender Persons (Protection of Rights) Act, 2019.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India as follows:—
1. Short title and commencement
- This Act may be called the Transgender Persons (Protection of Rights) Amendment Act, 2026.
- It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 2
In section 2 of the principal Act:
(i) Clause (a) substituted:
“(a) ‘appropriate Government’ means—
(i) Central Government (for Central establishments);
(ii) State Government (for State establishments and local authorities);
(iii) Administrator (for Union Territories);”
(ii) Clause (aa) inserted:
“(aa) ‘authority’ means a medical board headed by a Chief Medical Officer or Deputy Chief Medical Officer.”
(iii) Clause (i) omitted
(iv) Clause (k) substituted:
Defines “transgender person” as:
- Persons with socio-cultural identities (kinner, hijra, etc.)
- Persons with intersex variations
- Persons forcibly made to assume transgender identity
Exclusion: Does NOT include persons with different sexual orientations or self-perceived gender identities.
3. Amendment of section 4
Sub-section (2) (self-perceived gender identity) is omitted.
4. Amendment of section 6
- District Magistrate to issue certificate after:
- Recommendation of authority
- Possible consultation with medical experts
New sub-section (4):
Allows change of first name in all official documents after certification.
5. Amendment of section 7
(a) “may” → “shall” (mandatory application)
(b) New sub-section (1A):
Medical institutions must report gender-change surgeries.
(c) Sub-section (2) replaced:
District Magistrate issues gender change certificate after verification.
(d) Sub-section (3) removed
6. Amendment of section 16
Reconstitution of National Council:
- Representatives from regions (North, South, East, West, North-East)
- Rank: Not below Director level
7. Substitution of section 18 (Offences and penalties)
Punishable acts include:
- Forced labour
- Denial of access to public places
- Forced displacement
- Physical, sexual, emotional abuse
Severe offences added:
- Forcing transgender identity through violence
- Kidnapping + mutilation (adults/children)
- Forced begging or exploitation
Punishments:
- 6 months to life imprisonment
- Fines ranging from ₹1 lakh to ₹5 lakh+
8. Amendment of section 22
- Adds rules for reporting medical procedures
- Removes word “revised”
STATEMENT OF OBJECTS AND REASONS (Summary)
- Clarifies definition of transgender persons
- Limits scope to biologically-based conditions
- Addresses misuse and ambiguity in current law
- Strengthens identification process
- Introduces stricter criminal penalties
- Aligns with constitutional protections (dignity, bodily integrity)
FINANCIAL MEMORANDUM
No additional expenditure from Consolidated Fund of India.
MEMORANDUM ON DELEGATED LEGISLATION
Allows government to frame procedural rules for implementation.
ANNEXURE
Contains extracts from the original 2019 Act showing changes.
TEXT OF THE ACT
AS INTRODUCED IN LOK SABHA
Bill No. 79 of 2026
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) AMENDMENT ACTL, 2026
An ACT
to amend the Transgender Persons (Protection of Rights) Act, 2019.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India as follows:—
1. (1) This Act may be called the Transgender Persons (Protection of Rights) Amendment Act, 2026.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as the principal Act),—
(i) for clause (a), the following clause shall be substituted, namely:—
Short title and commencement.
Amendment of section 2.
‘(a) “appropriate Government” means—
(i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, the Central Government;
(ii) in relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority within a State, the State Government;
(iii) in relation to a Union territory or any establishment wholly or substantially financed by the Central Government in that Union territory, the Administrator thereof appointed under article 239 of the Constitution or such authority as may be specified by the Central Government;’;
(ii) after clause (a), the following clause shall be inserted, namely:—
‘(aa) “authority” means a medical board, headed by a Chief Medical Officer or a Deputy Chief Medical Officer, as may be appointed by the Central Government, State Government or Union territory Administration;’;
(iii) clause (i) shall be omitted;
(iv) for clause (k), the following clause shall be substituted, namely:—
‘(k) “transgender person” means—
(i) a person having such socio-cultural identities as kinner, hijra, aravani and jogta, or eunuch, or a person with intersex variations specified below or a person who, at birth, has a congenital variation in one or more of the following sex characteristics as compared to male or female development:—
(a) primary sexual characteristics;
(b) external genitalia;
(c) chromosomal patterns;
(d) gonadal development;
(e) endogenous hormone production or response, or such other medical conditions; or
(ii) any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise:
Provided that it shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities.’.
3. In section 4 of the principal Act, sub-section (2) shall be omitted.
4. In section 6 of the principal Act,—
(a) in sub-section (1), for the words “District Magistrate”, the words “District Magistrate, after examining the recommendation of the authority and, if he considers either necessary or desirable, after taking the assistance of other medical experts” shall be substituted;
Amendment of section 4.
Amendment of section 6.
(b) after sub-section (3), the following sub-section shall be inserted, namely:—
“(4) The person who has been issued a certificate of identity under sub-section (1) and is so declared as a transgender person within the definition under this Act shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person.”.
5. In section 7 of the principal Act,—
(a) in sub-section (1), for the words “such person may”, the words “such person shall” shall be substituted;
(b) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) The medical institution in which the person who has undergone surgery to change gender, either as male or female, shall furnish the details of such person to the concerned District Magistrate and the authority in such form and manner as may be prescribed.”;
(c) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) A person referred to in sub-section (1) shall also make an application to the District Magistrate who shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.”;
(d) sub-section (3) and the proviso shall be omitted.
6. In section 16 of the principal Act, in sub-section (2), for clause (f), the following clause shall be substituted, namely:—
“(f) representatives of the State Governments and Union territories Administration, by rotation, one each from North, South, East, West and North-East regions, not below the rank of Director in the concerned Ministry or Department, to be nominated by the Central Government, Members, ex officio;”.
7. For section 18 of the principal Act, the following section shall be substituted, namely:—
Amendment of section 7.
Amendment of section 16.
Substitution of new section for section 18.
“18. Whoever,—
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;
(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;
(c) forces or causes a transgender person to leave household, village or other place of residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;
Offences and penalties.
(d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;
(e) kidnaps or abducts any adult person and causes—
(i) grievous hurt to such person, whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure; or
(ii) permanent or severe injury to the body or bodily functions of such person,
with the intent of, or in the course of, compelling such person to assume, adopt, or outwardly present a transgender identity against the will or consent of such person, whether by force, allurement, deceit, undue influence or otherwise, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than two lakh rupees;
(f) kidnaps or abducts any child and causes—
(i) grievous hurt to such child, whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure; or
(ii) permanent or severe injury to the body or bodily functions of such child,
with the intent of, or in the course of, compelling such child to assume, adopt, or outwardly present a transgender identity, whether by force, allurement, deceit, undue influence or otherwise, shall be punishable with rigorous imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees;
(g) by force, threat, coercion, allurement, deception, inducement, or undue influence—
(i) compels any person, whether or not such person is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person against the will of such person; and
(ii) employs, uses, or causes such person to engage in begging, solicitation, servitude, or any other form of forced or bonded labour while so presenting,
shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees; and
(h) by force, threat, coercion, allurement, deception, inducement, undue influence or otherwise—
(i) compels any child, whether or not such child is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person; and
(ii) employs, uses, or causes such child to engage in begging, solicitation, servitude, or any other form of forced or bonded labour while so presenting,
shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to fourteen years, and shall also be liable to fine which shall not be less than three lakh rupees.”.
8. In section 22 of the principal Act, in sub-section (2),—
(a) in clause (c), after the word, brackets and figure “sub-section (1)”, the words, brackets, figure and letter “and the form and manner of details to be furnished by the medical institution under sub-section (1A),” shall be inserted;
(b) in clause (d), the word “revised” shall be omitted.
Amendment of section 22.
STATEMENT OF OBJECTS AND REASONS
It is the legislative policy to recognise a specific class of transgender persons, who face social issues and to create a regime for their protection. 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.
- Over the course of time, during the implementation of this enactment, certain doubts and difficulties have arisen and are likely to arise with regard to the expanse of the definition of transgender persons and how the identification of such persons is to be done under the existing definition. This is critical to the implementation of the Act, as it is of prime importance that the enactment is utilised and works towards only those who are in actual need of such protection.
- The intent, object and purpose of the Act is and was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature. The purpose was and is not to protect each and every class of persons with various gender identities, selfperceived sex/gender identities or gender fluidities.
- The existing vague definition of the expression “transgender person” not only makes it impossible to identify the genuine oppressed persons to whom the benefits of the Act are intended to reach, but also makes the operation and enforcement of several provisions under penal, civil and personal laws unworkable. Such a vague and broad definition of the expression “transgender person” is found to have created complex issues in the working of statutory enactments, as this vague definition is not compatible with several statutory provisions of several enactments enacted both by the Parliament and the State Legislatures. Any enactment conferring rights, privileges and protections cannot have a definition clause whereby the status entitling such rights, privileges and protections can be acquired.
- It is therefore imperative to give a precise definition for proper and definitive identification and protection of transgender persons to whom the benefits of the Act must reach. The protection and benefits that are provided under the Act are vast in nature, and therefore, care has to be taken that such identification cannot be extended on the basis of any acquirable characteristics or personal choice or claimed self-perceived identity of an individual.
- The Bill also contains provisions for designation of an authority and provisions providing the relevant authorities the option to seek expert advice if required. The Bill also seek to empower the transgender persons to make consequential changes in official documents. The Bill further provides for a change in the constitution of the National Council ensuring that persons, not below the rank of Director, form a part of the same as representatives of the State Governments and Union territories administration, by rotation, one each from North, South, East, West and North-East regions.
- The Transgender Persons (Protection of Rights) Act, 2019 prohibits discrimination and abuse against transgender persons but its penal provision under section 18, as presently enacted, addresses only general wrongs and criminal offences and prescribes a maximum of two years’ imprisonment. It does not adequately address offences of exceptional gravity that have been documented in practice. The abduction of adults and children, the infliction of reversible or irreversible bodily harm upon them through mutilation, emasculation, castration, hormone therapies / other similar therapies or chemical alteration, and their forced assumption of a transgender identity, frequently as a prelude to economic and other forms of exploitation including but not limited to begging or servitude has been observed. While scattered provisions of the Bharatiya Nyaya Sanhita, 2023 and the Juvenile Justice (Care and Protection of Children) Act, 2015 address individual
elements of these wrongs, no existing provision treats this conjunction of abduction, permanent bodily harm, and forced identity as a unified penal approach.
- The Bill, therefore, also proposes to substitute section 18 of the principal Act, creating specific offences with graded punishments that reflect the gravity of the harm, the irreversibility of the injury, and the particular vulnerability of child victims. The proposed provisions operate cumulatively with the general criminal law and give legislative expression to the constitutional guarantees that every person’s bodily integrity is inviolable, that no person may be subjected to forced labour or traffic in human beings.
- The Bill seeks to achieve the above objectives.
NEW DELHI;
The 12th March, 2026.
DR. VIRENDRA KUMAR.
FINANCIAL MEMORANDUM
The Transgender Persons (Protection of Rights) Amendment Bill, 2026, if enacted, is not likely to involve any expenditure of recurring or non-recurring nature from and out of the Consolidated Fund of India.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 5 of the Bill seeks to insert sub-section (1A) in section 7 of the Transgender Persons (Protection of Rights) Act, 2019. The aforesaid sub-section of the said section empowers the appropriate Government to make rules to provide for the form and manner of details of a person who has undergone surgery to change gender, either male or female, to be furnished by the medical institutions.
The matters in respect of which rules may be made and notification issued are matters of procedure and administrative detail, and it is not practicable to provide for them in the proposed legislation itself. The delegation of legislative power is, therefore, of a normal character.
ANNEXURE
Extracts from the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019)
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means,—
(i) in relation to the Central Government or any establishment, wholly or substantially financed by that Government, the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, the State Government;
(i) “person with intersex variations” means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body;
(k) “transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.
Recognition of identity of transgender person.
CHAPTER III
RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS
4. (1) * * * * *
(2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identity.
Issue of certificate of identity.
6. (1) The District Magistrate shall issue to the applicant under section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender.
Change in gender.
7. (1) After the issue of a certificate under sub-section (1) of section 6, if a transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed.
(2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.
(3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person:
Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act.
National Council for Transgender Persons.
CHAPTER VII
NATIONAL COUNCIL FOR TRANSGENDER PERSONS
16. (1) * * * * *
(2) The National Council shall consist of—
(f) representatives of the State Governments and Union territories by rotation, one each from the North, South, East, West and North-East regions, to be nominated by the Central Government, Members, ex officio;
Offences and penalties.
CHAPTER VIII
OFFENCES AND PENALTIES
18. Whoever,—
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use;
(c) forces or causes a transgender person to leave household, village or other place of residence; and
(d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse,
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
Power of appropriate Government to make rules.
22. (1) * * * * *
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(c) the form and manner in which an application shall be made under sub-section (1) of section 7;
(d) the form, period and manner for issuing revised certificate under sub-section (2) of section 7;
A BILL
to amend the Transgender Persons (Protection of Rights) Act, 2019.
(Dr. Virendra Kumar, Minister of Social Justice and Empowerment)
Core Concept: Transgender Persons (Protection of Rights) Framework
A legislative and policy structure aimed at preventing discrimination, ensuring identity recognition, and protecting the rights and dignity of transgender persons under Indian law.
Cluster: Definition and Identity
Concept: Transgender Person (Revised Definition)
A legally defined category limited to socio-cultural identities, intersex variations, and persons forcibly assigned transgender identity.
See also
- Biological Determinism in Law
- Socio-cultural Identities (Hijra, Kinner, Aravani)
- Intersex Variations
- Legal Exclusion of Self-Perceived Identity
Concept: Self-Perceived Gender Identity (Removed)
Earlier recognition of gender identity based on individual self-identification, now omitted.
See also
- Right to Identity
- NALSA Judgment Principles
- Legal Recognition vs Medical Certification
- Autonomy vs State Regulation
Cluster: Certification and Administrative Authority
Concept: Certificate of Identity
Official recognition of transgender status issued by District Magistrate based on authority recommendation.
See also
- District Magistrate Powers
- Medical Board (Authority)
- Legal Identity Documents
- Bureaucratic Gatekeeping
Concept: Medical Authority (Newly Introduced)
A state-appointed medical board responsible for verifying identity claims.
See also
- Medicalization of Identity
- State Surveillance Mechanisms
- Expert Governance
- Bio-legal Classification
Concept: Gender Change Certification
Process requiring medical proof and administrative approval for recognition as male or female.
See also
- Surgical Requirement Debate
- Legal Gender Transition
- Documentation Rights
- Bodily Autonomy
Cluster: Rights and Entitlements
Concept: Change of Name and Documents
Right to update name in birth certificates and official records post certification.
See also
- Civil Identity Rights
- Documentation Consistency
- Legal Recognition
- Administrative Inclusion
Concept: Targeted Protection Policy
Focus on protecting a narrowly defined group facing biological and social disadvantage.
See also
- Welfare Targeting
- Exclusion Errors vs Inclusion Errors
- Affirmative Protection
- Vulnerability Criteria
Cluster: Criminal Law and Protection
Concept: Offences Against Transgender Persons
Expanded definition of crimes including abuse, denial of access, and forced displacement.
See also
- Anti-Discrimination Law
- Human Rights Violations
- Public Access Rights
- Social Exclusion
Concept: Aggravated Offences (New Provisions)
Severe crimes involving kidnapping, mutilation, forced identity imposition, and exploitation.
See also
- Bodily Integrity
- Forced Labour and Trafficking
- Child Protection Laws
- Bharatiya Nyaya Sanhita, 2023
Concept: Forced Transgender Identity
Criminalization of coercing individuals into adopting transgender identity through violence or deception.
See also
- Identity Coercion
- Exploitation Networks
- Begging and Bonded Labour
- Criminal Intent and Consent
Cluster: Institutional Governance
Concept: National Council for Transgender Persons
Reconstituted advisory body with regional representation at Director level.
See also
- Federal Representation
- Policy Coordination
- Advisory Governance
- Centre-State Relations
Concept: Delegated Legislation
Authority given to government to frame procedural rules for implementation.
See also
- Rule-Making Power
- Administrative Flexibility
- Subordinate Legislation
- Implementation Mechanisms
Cluster: Constitutional and Jurisprudential Context
Concept: Equality and Non-Discrimination
Constitutional guarantee underlying protections for transgender persons.
See also
- Article 14 (Equality Before Law)
- Article 21 (Right to Life and Dignity)
- Substantive Equality
- Anti-Discrimination Jurisprudence
- NALSA judgement
Concept: Bodily Integrity and Autonomy
Protection against forced medical or identity alterations.
See also
- Right to Privacy
- Consent in Law
- Personal Liberty
- Human Dignity
Cluster: Policy Tensions and Debates
Concept: Inclusion vs Exclusion in Definition
Debate over narrowing the scope of transgender identity.
See also
- Identity Politics
- Legal Categorization
- Social Justice vs Administrative Clarity
- Marginalization Risks
Concept: Medicalization vs Self-Identification
Shift from identity-based recognition to medically verified status.
See also
- Bio-politics
- State Control over Identity
- Rights-Based Approach
- International Human Rights Standards
