Image source: Unsplash (@Levi Meir Clancy)
Key Provisions
The Transgender Persons (Protection of Rights) Amendment Bill, 2026 passed the Lok Sabha (lower house) on March 24 and the Rajya Sabha (upper house) on March 25 before receiving presidential assent from President Droupadi Murmu.
The legislation introduces several significant changes to the existing legal framework:
Removal of self-identification. The bill explicitly removes the right of transgender persons to obtain legal recognition through self-identification, replacing it with a process requiring verification by a medical board followed by approval from a District Magistrate. This right had been firmly established by the Supreme Court in its 2014 NALSA v. Union of India ruling.
Narrowed definition of transgender. The bill adopts a restrictive definition of "transgender," limiting recognition to certain socio-cultural categories or biological variations. It also removes the separate definition of intersex persons, subsuming them under the transgender category.
New criminal provisions. The bill criminalizes "compelling," "forcing," or "alluring" a person to present outwardly as transgender, with penalties of up to life imprisonment.
Medical data sharing. The bill permits medical institutions to share information about gender-affirming procedures with authorities.
Reactions
Aakar Patel, Chair of the Board of Amnesty International India, stated that the law weakens existing safeguards and deepens state intrusion into the lives of transgender people, and criticized the government for proceeding without adequate consultation with affected communities.
A Supreme Court-appointed expert committee on transgender rights had previously called on the government to withdraw the bill and conduct meaningful consultation with transgender communities. The Rajasthan High Court issued a warning following the bill's passage, stating that legal amendments cannot dilute constitutional guarantees — a signal that the law's constitutionality may face judicial challenge.
Opposition lawmakers questioned the speed at which the legislation was advanced and called for the bill to be referred to a standing committee for broader stakeholder consultation.
Asian Editorial Department: Lu Junxiu