In News:

• The Union Government has introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in the Lok Sabha to modify provisions of the Transgender Persons (Protection of Rights) Act, 2019.
• The proposed amendments seek to redefine the term “transgender person” and alter the existing framework of gender recognition, including changes to the right to self-perceived gender identity.

Background: Transgender Persons (Protection of Rights) Act, 2019

The Transgender Persons (Protection of Rights) Act, 2019 was enacted to prohibit discrimination against transgender persons and ensure their welfare, inclusion, and equal access to opportunities in education, employment, healthcare, and public services.

The law was enacted in response to the landmark Supreme Court judgment in NALSA v. Union of India (2014), which:

• Recognised transgender persons as the “third gender”, and
• Affirmed the right to self-determination of gender identity as part of Article 21 (Right to Life and Personal Liberty).

The 2019 Act also introduced provisions for identity certification, welfare schemes, and protection against discrimination.

Key Provisions of the Amendment Bill, 2026

1. Removal of the Right to Self-Perceived Gender Identity: The Bill proposes the deletion of Section 4(2) of the 2019 Act, which currently guarantees the right of transgender persons to self-identify their gender without medical intervention. This change shifts the framework from self-identification to institutional verification.

2. Redefinition of “Transgender Person”

The amendment proposes a narrower definition that includes:

• Socio-cultural identities: Hijra, Kinner, Aravani, Jogta, Eunuch
• Persons with intersex variations
• Individuals with congenital biological variations in sexual characteristics

However, the revised definition excludes persons identifying solely on the basis of self-perceived gender identity or gender fluidity.

The definition also includes individuals forced to adopt transgender identity through coercive practices, such as mutilation, castration, or forced hormonal procedures.

3. Creation of a Medical Authority

• The Bill introduces a Medical Authority (Medical Board) headed by a Chief Medical Officer (CMO) to examine cases related to gender identity certification.
• This authority will provide recommendations before certification is granted.

4. Changes in Certification Procedure

Under the proposed framework:

• The District Magistrate (DM) will issue a transgender certificate only after reviewing the recommendation of the medical authority.
• The earlier system allowed relatively simpler issuance based on declaration.

5. Revision of Gender Certificate After Surgery: Individuals undergoing Sex Reassignment Surgery (SRS) must apply for a revised gender certificate reflecting the updated gender identity. Earlier, such revisions were optional.

6. Reporting Requirement for Hospitals: Hospitals performing SRS procedures will be required to report such operations to the District Magistrate for documentation and regulatory purposes.

7. Change of Name in Official Records: The amendment provides transgender persons the right to change their first name in official documents, subject to the revised certification criteria.

8. Expanded Offences and Punishments: The Bill strengthens penal provisions with graded punishments including imprisonment and fines up to ?5 lakh for offences such as:

• Denial of access to public places
• Forced labour
• Expulsion from homes
• Other forms of discrimination and abuse