Transgender Persons (Protection of Rights) Amendment Bill, 2026
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| Transgender Persons (Protection of Rights) Amendment Bill, 2026 | |
|---|---|
 | |
| Parliament of India | |
| Citation | Bill No. 79 of 2026 |
| Assented to by | Droupadi Murmu |
| Assented to | 30 March 2026 |
| Introduced by | Virendra Kumar Khatik, Union Social Justice and Empowerment Minister |
| Introduced | 13 March 2026 |
| 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]
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
The 2026 Bill introduces several structural changes to the process of obtaining identity documents:
- Definition of transgender : The bill drastically narrows the definition of transgender by only including sociocultural categories related to brahminical Hinduism (such as kinner, hijra, aravani, or jogta) and intersex peoples. [7] The bill also removes from the definition previously recognized transgender categories such as any trans man or woman who has gone through hormone replacement therapy or gender reassignment surgery.
- 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
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]
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