Source: TH
Subject: Vulnerable Sections
Context: The Union Government introduced a Bill in the Lok Sabha to amend the Transgender Persons (Protection of Rights) Act, 2019, seeking to redefine transgender person and remove the right to self-perceived gender identity.
About The Transgender Persons (Protection of Rights) Amendment Bill, 2026:
What it is?
- The Transgender Persons (Protection of Rights) Amendment Bill, 2026 proposes modifications to the 2019 law that protects transgender persons from discrimination and ensures their welfare.
- The original Act was enacted following the Supreme Court’s landmark judgment in the NALSA v. Union of India (2014) case, which recognised transgender persons as the third gender and affirmed the right to self-determination of gender identity under Article 21.
Proposed Changes in the Amendment Bill:
- Removal of right to self-perceived gender identity
The amendment proposes deleting Section 4(2) of the 2019 Act, which recognises a person’s right to self-perceived gender identity.
- Redefinition of transgender person:
The Bill narrows the definition to include:
- Socio-cultural identities such as hijra, kinner, aravani, jogta, eunuch
- Persons with intersex variations
- Individuals with congenital biological variations in sexual characteristics
It excludes persons identifying solely based on self-perceived gender identity or gender fluidity.
- Inclusion of forced gender alteration victims:
The definition also includes individuals forced to adopt transgender identity through mutilation, castration, hormonal procedures or coercion.
- Introduction of a Medical Authority:
The Bill introduces the concept of an authority (medical board headed by a Chief Medical Officer) to examine gender certification cases.
- Changes in transgender certificate procedure:
Instead of automatic issuance, the District Magistrate must review recommendations from the medical authority before granting a certificate.
- Mandatory gender certificate revision after surgery:
Persons undergoing Sex Reassignment Surgery (SRS) must apply for a revised gender certificate, whereas earlier it was optional.
- Reporting requirement for hospitals:
Medical institutions performing SRS must report procedures to the District Magistrate.
- Right to change first name in official documents:
A new provision allows transgender persons to change their first name in official records, subject to the new definition criteria.
- Expansion of offences and punishments:
The Bill expands criminal provisions with graded punishments (including imprisonment and fines up to ₹5 lakh) for crimes such as:
- Denial of access to public places
- Forced labour
- Expulsion from homes
Initiatives Taken to Empower Transgender Persons
- SMILE Scheme: The Support for Marginalized Individuals for Livelihood and Enterprise provides comprehensive rehabilitation and medical cover for SRS.
- National Portal for Transgender Persons: A digital interface launched to allow trans persons to apply for ID cards and certificates without physical interface with offices.
- Garima Greh: Shelter homes provided by the government to offer safe spaces, food, and skill development for transgender persons in distress.
- Inclusive Education: The NCERT has introduced teacher training modules (updated in 2024-25) to sensitize educators about gender diversity and inclusion.
Challenges Associated:
- Violation of Bodily Autonomy: Requiring a medical board to verify identity forces individuals into invasive examinations.
Example: Activists in Delhi noted that the return of screening committees mirrors the pre-2019 era where trans persons faced harassment during physical inspections.
- Conflict with Judicial Precedent: The Bill ignores the NALSA (2014) judgment which stated that any insistence for SRS is immoral and illegal.
Example: Legal experts point out that the Supreme Court explicitly protected self-determination under Article 21, which this Bill seeks to legislate away.
- Erasure of Diverse Identities: By focusing on congenital variations and specific socio-cultural groups, the Bill may exclude gender-fluid or genderqueer individuals.
Example: Dr. Aqsa Shaikh highlighted that many modern trans identities do not fit into the traditional Kinner/Hijra socio-cultural brackets.
- Bureaucratic Hurdles: Granting District Magistrates the power to seek additional medical assistance could lead to indefinite delays in documentation.
Example: Trans activists in Tamil Nadu have reported that even under current laws, DM offices often take over a year to process simple name-change requests.
- Stigmatization of Choice: The government’s argument that identity shouldn’t be a personal choice reinforces the stigma that trans identity is acquirable rather than innate.
Example: Recent social media campaigns by the Ministry had paradoxically praised self-perception just days before tabling a Bill to abolish it.
Way Ahead:
- Community Consultation: The government should hold nationwide town halls with diverse trans groups to ensure the law reflects lived experiences.
- Adherence to NALSA: Re-incorporate the right to self-identification to ensure the Bill stands the test of constitutional validity in the Supreme Court.
- Sensitization of Medical Boards: If boards are kept, they must include transgender representatives and psychologists rather than just surgeons.
- Horizontal Reservation: Instead of just redefining identity, focus on providing horizontal reservations in jobs and education as suggested by various High Courts.
- Decentralized ID Process: Simplify the certification process to a self-declared affidavit to minimize bureaucratic corruption and harassment.
Conclusion:
The proposed 2026 Amendment threatens to roll back a decade of progress by pathologizing gender identity and stripping away the right to self-determination. For a law to truly protect a marginalized community, it must be rooted in dignity and autonomy rather than medical gatekeeping and narrow biological definitions. The government must strike a balance between preventing benefit fraud and upholding the fundamental constitutional rights of the transgender community.
