Transgender Persons (Protection of Rights) Amendment Bill, 2026

The Transgender Persons (Protection of Rights) Amendment Bill, 2026 seeks to amend the 2019 Act.

It proposes to remove the provision of “self-perceived gender identity” for legal recognition.

Introduces a system of medical boards/screening committees for issuing transgender identity certificates.

The role of the District Magistrate (DM) will depend on recommendations of such committees.

Background

The original Transgender Persons (Protection of Rights) Act, 2019 allowed identity based on self-perception.

The landmark NALSA v. Union of India (2014) judgment by the Supreme Court:

Recognised transgender persons as the third gender

Upheld the right to self-identify gender without medical tests

Key Changes Proposed in 2026 Bill

Removal of self-identification principle

Mandatory medical/official verification before granting identity

Revised definition of “transgender person”

Provision for stricter punishments for crimes against transgender persons

Concerns & Criticism

Seen as a rollback of rights guaranteed under the NALSA judgment

Critics argue it may:

Violate Right to Equality (Article 14)

Violate Right to Privacy & Dignity (Article 21)

Medical screening is viewed as intrusive and discriminatory

Lack of consultation with stakeholders has also been highlighted

Government’s Rationale

To prevent misuse of welfare schemes meant for transgender persons

To ensure benefits reach genuine beneficiaries through verification

Minister of Social Justice and Empowerment: Virendra Kumar Khatik