Parliament passed on Wednesday the Transgender Persons (Protection of Rights) Amendment Bill, 2026, which aims to provide a clear definition of the term "transgender" and remove "various sexual orientations and self-identified sexual identities" from the scope of the proposed legislation.
The contentious bill was passed by the Lok Sabha on Tuesday. Prior to the bill's approval, the lower house dismissed amendments proposed by opposition members through a voice vote. It was passed by the Rajya Sabha on Wednesday.
Here is all you need to know about the bill.
No Self-Perceived Identity
The legislation emphasises that a transgender individual "shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities."
"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 class of persons with various gender identities, self-perceived sex/gender identities or gender fluidities," the legislation stated.
It highlighted the necessity to provide a clear definition for accurate and definitive identification and safeguarding of transgender individuals, to whom the advantages of the current law must extend.
The legislation remarked that, throughout the duration of the enforcement of the transgender protection law, "certain doubts and difficulties have arisen and are likely to arise" regarding the "expanse of the definition" of transgender individuals.
New Sub Clause for Socio-Cultural Identities
It adds an additional sub-clause to characterize a trans person as an individual possessing socio-cultural identities such as 'kinner', 'hijra', 'aravani', 'jogta', or eunuch, or someone with intersex differences or an individual who, at the time of birth, presents with a congenital anomaly in one or more sex characteristics when compared to male or female. It also includes stipulations for the "designation of an authority", which shall have the prerogative to seek "expert advice" if necessary.
A new provision describes "authority" as a medical board led by a chief medical officer or a deputy chief medical officer designated by the central government, state government, or a Union territory administration.
Strict Graded Offences, Punishments
The legislation additionally suggested establishing specific offences with tiered penalties that correspond to the seriousness of the damage, the permanence of the harm, and the unique susceptibility of child victims.
In response to the discussion, Social Justice and Empowerment Minister Virendra Kumar stated that the intended legislation seeks to offer protection solely to individuals facing ostracism due to biological circumstances.
He noted that the amendment will guarantee that transgender individuals continue to receive legal acknowledgment and safeguarding. Kumar further mentioned that while the 2019 statute included a provision for a maximum of two years of incarceration, the amendment bill introduces a maximum penalty of 14 years of imprisonment along with a fine.
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