New Delhi

The Lok Sabha on Tuesday passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, with a voice vote, introducing significant changes to the Transgender Persons (Protection of Rights) Act, 2019.

The Bill was introduced by Union Minister for Social Justice and Empowerment Virendra Kumar and seeks to redefine the legal framework governing the recognition and protection of transgender persons in India.

One of the most notable changes is the revised definition of a “transgender person.” The amendment narrows the scope to include specific socio-cultural identities such as kinner, hijra, aravani, jogta, and eunuchs, as well as individuals with intersex variations or congenital differences in sex characteristics, including chromosomal patterns, gonadal development, and hormone production.

According to the Statement of Objects and Reasons, the legislative intent is to protect a “specific class” of transgender persons who face severe social exclusion due to biological conditions beyond their control. The government has argued that this approach aims to target welfare measures more effectively toward vulnerable groups.

However, the Bill has sparked controversy for excluding individuals who identify as transgender based on self-perception. The amendment omits provisions of the 2019 Act that allowed self-identification, thereby removing a key recognition mechanism that had been widely discussed in earlier debates on transgender rights.

The legislation also revises the process for issuing identity certificates. Under the new provisions, a District Magistrate can grant a certificate of identity only after examining recommendations from a designated authority and, if required, consulting medical experts. This marks a shift from earlier procedures that were seen as more accessible to applicants.

The Bill had been introduced in the Lower House on March 14 and has since faced protests from transgender communities across the country, who argue that the changes undermine their rights and recognition.

Opposition leaders also raised concerns over the legislative process. Congress MP Priyanka Gandhi Vadra criticized the government for not referring the Bill to a parliamentary standing committee for wider consultation.

“I really think that it’s unfortunate that they are not sending it to the standing committee. What the community feels is that this bill is going to obliterate their identity… it was very important that they should have been consulted,” she said, emphasizing the need for inclusive policymaking.

Critics argue that the removal of self-identification contradicts earlier judicial principles and risks excluding many individuals from legal protections. Supporters of the Bill, however, maintain that it provides clarity and ensures targeted benefits for those most in need.

Following the passage of the Bill, the House was adjourned till 11 am on Wednesday. The legislation is now expected to be taken up by the Rajya Sabha for further consideration.

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The debate surrounding the amendment highlights the ongoing tensions between legal definitions, administrative processes, and the lived realities of transgender persons in India, making it a significant moment in the country’s evolving discourse on rights and inclusion.