President gives assent to Transgender Rights Amendment Bill 2026

New Delhi: The Transgender Persons (Protection of Rights) Amendment Act has officially become law after receiving the assent of the President of India. Passed by both houses of Parliament last week, the new legislation introduces major changes to how transgender persons are recognised and protected in the country.

The amendment has sparked criticism from opposition parties, LGBTQIA+ groups, and some members of the National Council of Transgender Persons (NCTP). Two council members, Kalki Subramanium and Rituparna Neog, resigned on the day the Rajya Sabha approved the Bill, citing a lack of consultation. A committee set up by the Supreme Court, led by retired Delhi High Court judge Justice Asha Menon, had also urged the government to reconsider the Bill.

Key Changes Introduced

One of the most debated aspects of the Act is the redefinition of who qualifies as a transgender person. The law now recognises specific socio-cultural identities such as kinner, hijra, aravani, and jogta, along with certain intersex individuals. It also includes a category for people forced, through coercion or deceit, to assume a transgender identity.

However, the law removes self-identification as a basis for recognition, meaning people with diverse sexual orientations or self-perceived gender identities are no longer automatically covered. Critics argue this conflicts with the Supreme Court’s 2014 NALSA judgment, which upheld the right to self-identification.

Medical Certification and Identity Process

The amendment introduces a structured process for recognition. Medical boards, headed by senior officials, will examine applicants and recommend identity certificates, which district magistrates will issue.

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For those undergoing gender-affirming surgery, medical institutions must provide relevant details to update official documents, including the option to change first names.

Tougher Penalties for Offences

The Act also strengthens punishments for serious crimes. Abduction or causing grievous harm to force someone into a transgender identity now carries 10 years to life imprisonment, with harsher penalties for offences involving children. Coercion for exploitation, including begging or bonded labour, is punishable by 5 to 10 years. Lesser offences, such as denying access to public spaces or harassment, carry 6 months to 2 years’ imprisonment.

The Rajasthan High Court has also raised concerns, warning that the law risks turning an “inviolable aspect of personhood” into a State-controlled entitlement.

As the amendment comes into force, debates continue over its impact on transgender rights in India, with activists calling for more inclusive policies that respect self-identification and broader gender diversity.