Narrowed definition, medical board: Key changes proposed in Transgender Persons Amendment Bill explained

The bill introduces fundamental changes to how the state recognises and protects transgender persons, moving away from the principle of 'self-identification'.

The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was passed by the Lok Sabha on Tuesday (March 24, 2026). This bill introduces fundamental changes to how the state recognises and protects transgender individuals, moving away from the principle of "self-identification" that was a cornerstone of the original 2019 Act.

The bill was passed even as Opposition members raised concerns that the proposed legislation excludes social orientations from the ambit of the statute. Responding to the debate on the bill, Social Justice and Empowerment Minister Virendra Kumar said the proposed legislation aims to provide protection to only those who face boycott due to biological issues. He asserted that the amendment would ensure that transgender persons continue to get legal recognition and protection.

Here are the key changes the bill proposes.

The 2019 Act defined a transgender person broadly as someone whose gender does not match the gender assigned at birth. The 2026 amendment removes this broad definition.

The bill notes that over the course of time, during the implementation of transgender protection law, "certain doubts and difficulties have arisen and are likely to arise" regarding the "expanse of the definition" of transgender persons.

It now limits the term to specific socio-cultural groups such as 'kinner', 'hijra', 'aravani', and 'jogta', or eunuchs or a person with biological intersex variations or congenital differences.

"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, self-perceived sex/gender identities or gender fluidities," the bill says.

The proposed legislation seeks to give a precise definition of the term "transgender" and exclude "different sexual orientations and self-perceived sexual identities" from the ambit of the proposed law. It underlines that a transgender person "shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities".

Medical certification

Under the 2019 law, individuals could apply for a certificate of identity based on their self-perceived gender. The amendment removes the right to self-identification. Now, the district magistrate will only issue a certificate after examining a recommendation from a designated medical board, headed by a chief medical officer or a deputy chief medical officer appointed by the Central government, State government or a Union Territory administration.

Under the 2019 law, in line with the Supreme Court’s judgment, individuals could declare their gender identity based on self-perception. The 2014 Supreme Court judgment in National Legal Services Authority vs Union of India recognised self-identified gender as a fundamental right. However, critics say the new bill has rolled back this principle.

Mandatory reporting of SRS

According to the bill, if a person undergoes sex reassignment surgery (SRS), they are now mandated to obtain a revised certificate, and medical institutions must report SRS details to the district magistrate.

Increased penalties

The bill significantly ramps up punishments for offences against transgender persons. It has created a new criminal category for "coerced assumption of transgender identity", penalising those who force others (through drugs, surgery, or deceit) to present as transgender.

Kidnapping an adult to force a transgender identity carries 10 years to life imprisonment. Forcing a child into this can lead to life imprisonment and a Rs 5 lakh fine.

Provision to change name

The bill has a provision allowing transgender persons to change their first name in birth certificates and other official documents based on their certificate of identity.

While the government has argued the amendments ensure welfare reaches those facing extreme social exclusion due to biological conditions. Conversely, Opposition MPs and activists have claimed that the bill is a regressive step that violates the fundamental right to dignity and privacy by stripping away the right to self-identification.