Transgender Persons (Protection of Rights) Amendment Bill, 2026

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Transgender Persons (Protection of Rights) Amendment Bill, 2026
Parliament of India
CitationBill No. 79 of 2026
Assented to30 March 2026
Introduced byVirendra Kumar Khatik, Union Social Justice and Empowerment Minister
Status: Unknown

The Transgender Persons (Protection of Rights) Amendment Bill, 2026 is a proposed piece of legislation in India that seeks to amend the Transgender Persons (Protection of Rights) Act, 2019. Introduced in the Parliament of India in February 2026, the bill aims to revise the procedures for legal gender recognition and the issuance of identity certificates for transgender individuals.[1] The bill 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[edit | edit source]

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 Bill proposes to change this by making medical scrutiny a mandatory prerequisite for any legal recognition of transgender status.[6]

Key provisions[edit | edit source]

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

  • Mandatory Medical Boards: The bill 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. This replaces the previous system where the DM issued certificates upon request.[1]
  • Increased Penalties: The bill proposes harsher punishments for those found to be forcing trans persons into bonded labour, or kidnapping, or forcing people into a transgender identity. Similar penalties are introduced for those forcing trans persons into begging, bonded labour or other forms of servitude.[1]
  • Mandatory Reporting by Hospitals: The hospitals are mandated to report Gender-affirming surgery to the respective District Magistrate and Medical Board. The patient is also mandated to obtain the post-surgery gender certificate.[1]

Government rationale[edit | edit source]

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[edit | edit source]

Protests against the Bill in Goa. The banner reads "Amka Naka Trans Amendment Bill 2026" (Translation: "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 "pathologize" transgender identities and violate the principle of self-identification recognized 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 criticized 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 criticized by transgenders 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 aginst the Bill at Jantar Mantar on 29th Of March, 2026

Reactions[edit | edit source]

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]

Laxmi Narayan Tripathi & Anr. v. Union of India & Anr.[edit | edit source]

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. The petition was filed under Article 32 of the Constitution, led by Laxmi Narayan Tripathi (chairperson of the National Council for Transgender Persons) and Zainab Patel.[15][16][17]

See also[edit | edit source]

References[edit | edit source]

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 "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. ↑ 2.0 2.1 "Row over Transgender Amendment Bill explained: Why are some opposed to it?". Hindustan Times. 20 February 2026. Retrieved 19 March 2026.
  3. ↑ 3.0 3.1 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. ↑ 6.0 6.1 6.2 "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. ↑ 11.0 11.1 11.2 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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