ANI image NEW DELHI: In a major departure from the existing law, The Transgender Persons (Protection of Rights) Amendment Bill 2026 introduced in Lok Sabha on Friday proposed to omit the clause that allowed “self-perceived gender identity” to be the basis for self-determination and identification for approval for transgender certificate by the district magistrate.“The existing vague definition of the expression “transgender person” not only makes it impossible to identify the genuine oppressed persons to whom the benefits of the Act are intended to reach,” the statement of objects and reasons of the bill introduced by social justice and empowerment minister Virendra Kumar explained.It underlines that a transgender person “shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities”.Israel Iran War’About to surrender’: Trump makes big claim on Iran, says US ‘got rid of a cancer threatening us all’2 Indians killed, 10 injured in Iranian drone attack in Oman, says MEA“The protection and benefits that are provided under the Act are vast in nature, and therefore, care has to be taken that such identification cannot be extended on the basis of any acquirable characteristics or personal choice or claimed self-perceived identity of an individual,” it added.The govt has justified the proposed changes. “The purpose of the Act was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature,” says the statement of objects of the bill. “The purpose was and is not to protect each and every class of persons with various gender identities, self perceived sex, gender identities or gender fluidities,” it added.The bill also proposes to create specific offences with graded punishments that reflect the gravity of the harm, the irreversibility of the injury, and the particular vulnerability of child victims.A medical board headed by chief medical officer has been introduced in the bill, and if passed in the current form, the district magistrate will, going forward, issue a certificate of transgender identity, after examining the recommendation of the medical board cited as “authority” to be constituted by the central or state govts.As of now a person applies for the transgender certificate on the portal of the ministry and the application where the transgender person gives an affidavit of their self perceived identity is then taken up by the district magistrate for verification of documents and approval for certification. Since the 2019 law was enacted and implemented in 2020 after the rules came in September, just about 32448 certificates have been issued as per the latest data on the National Portal For Transgender Persons.The bill defines a trans person as the one “having such socio-cultural identities as ‘kinner’, ‘hijra’, ‘aravani’ and ‘jogta’, or eunuch, or a person with intersex variations or a person who, at birth, has a congenital variation in one or more sex characteristics as compared to male or female development:- primary sexual characteristics; external genitalia, chromosomal patterns, gonadal development endogenous hormone production or response.”“Also, any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise will be included in the definition.The bill said that the current law also prohibits discrimination and abuse against transgender persons but its penal provision addresses only general wrongs and criminal offences and prescribes a maximum of two years’ imprisonment. The proposed amendments make room for stricter penalties and punishments.For instance imprisonment ranging from six months to two years have been prescribed for crimes ranging from compelling a transgender person to indulge in the act of forced or bonded labour, denial of the right of passage to a public place to forcing a trans person to leave home or village. Similar punishment is prescribed for cases involving cases of physical, sexual, verbal, emotional and economic abuse of a trans person.If a trans person is kidnaped and suffers mutilation, castration or any surgical, chemical, or hormonal procedure; or permanent or severe injury with the intent of compelling to compel the person to adopt or outwardly present a transgender identity against their will, the offence shall be punishable with 10 years to life imprisonment. In addition a fine not less than Rs 2 lakh will be levied. For the same crime involving a child the punishment will be life imprisonment and a fine of Rs 5 lakh.If someone by force or threat compels any person, whether or not such person is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person against the will of such person and engage them in begging or forced labour, the punishment will be between 5 to 10 years. In case of a child the punishment can range between 10 to 14 years.End of ArticleFollow Us On Social MediaVideos‘Would Never Recover’: Rajnath Singh Warns Pakistan, Cites BrahMos Strike In Op SindoorPM Modi Invokes Nehru To Accuse Congress Of Spreading Misinformation During US-Iran War CrisisMajor Diplomatic Win For India: Iran Envoy Fathali Signals Safe Passage For Indian Ships At Hormuz2 Indians Killed, 10 Injured In Oman Drone Attack; MEA Shares Latest On Citizens In GulfWhite House Tug-Of-War Over How To Declare Victory; Is Putin The Biggest Winner In Iran War?TMC Bid To Meet President Murmu Gets Snubbed By Rashtrapati Bhavan After Protocol ControversyAs LPG Shortage Panic Spreads, Centre Urges Citizens Not To Hoard Cylinders And Opt For PNGMenstrual Leave Debate Explodes As Supreme Court Warns Of Hiring Bias Against Women’Glad India Taking Initiative’: Cong MP Shashi Tharoor Lauds PM Modi’s Outreach To Iran PresidentEAM Jaishankar Holds Fourth Call With Iran Foreign Minister Amid Rising Strait Of Hormuz Tensions123PhotostoriesWhy Karnataka’s famous Mysuru silk saree could disappear from online stores10 ways to add Moringa to your daily meals in March and why it’s the perfect timeFrom undergoing seven painful IVF procedures to a pregnancy photoshoot before her miscarriage, Sambhavna Seth opens up about her difficult IVF journeyHow to identify sweet coconut water before buying a coconut6 easy kitchen hacks to clean gas burners and reduce LPG wastageQueues, panic and pressure: How Middle East tensions triggered India’s LPG alarmChef Sanjeev Kapoor shares how to recreate the most searched recipes at home5 luxury cars with massaging seats that make long drives relaxingEating too fast may be hurting your digestion and weight: Doctors explain the 20-minute ruleChefs share 5 tips which can make any boring meal super tasty123Hot PicksGold Price PredictionIndian RupeeStock Market TodayGold rate todayIncome Tax CalculatorPublic holidays March 2026Bank Holidays MarchTop TrendingPatrick MahomesBrittany Mahomes Net WorthWilt ChamberlainMovsar EvloevMichael BispingLPG Crisis IndiaMadison Pettis GirlfriendIran US WarIPL 2026 Chennai Super KingsMiddle East War
NEW DELHI: In a major departure from the existing law, The Transgender Persons (Protection of Rights) Amendment Bill 2026 introduced in Lok Sabha on Friday proposed to omit the clause that allowed “self-perceived gender identity” to be the basis for self-determination and identification for approval for transgender certificate by the district magistrate.“The existing vague definition of the expression “transgender person” not only makes it impossible to identify the genuine oppressed persons to whom the benefits of the Act are intended to reach,” the statement of objects and reasons of the bill introduced by social justice and empowerment minister Virendra Kumar explained.It underlines that a transgender person “shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities”.“The protection and benefits that are provided under the Act are vast in nature, and therefore, care has to be taken that such identification cannot be extended on the basis of any acquirable characteristics or personal choice or claimed self-perceived identity of an individual,” it added.The govt has justified the proposed changes. “The purpose of the Act was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature,” says the statement of objects of the bill. “The purpose was and is not to protect each and every class of persons with various gender identities, self perceived sex, gender identities or gender fluidities,” it added.The bill also proposes to create specific offences with graded punishments that reflect the gravity of the harm, the irreversibility of the injury, and the particular vulnerability of child victims.A medical board headed by chief medical officer has been introduced in the bill, and if passed in the current form, the district magistrate will, going forward, issue a certificate of transgender identity, after examining the recommendation of the medical board cited as “authority” to be constituted by the central or state govts.As of now a person applies for the transgender certificate on the portal of the ministry and the application where the transgender person gives an affidavit of their self perceived identity is then taken up by the district magistrate for verification of documents and approval for certification. Since the 2019 law was enacted and implemented in 2020 after the rules came in September, just about 32448 certificates have been issued as per the latest data on the National Portal For Transgender Persons.The bill defines a trans person as the one “having such socio-cultural identities as ‘kinner’, ‘hijra’, ‘aravani’ and ‘jogta’, or eunuch, or a person with intersex variations or a person who, at birth, has a congenital variation in one or more sex characteristics as compared to male or female development:- primary sexual characteristics; external genitalia, chromosomal patterns, gonadal development endogenous hormone production or response.”“Also, any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise will be included in the definition.The bill said that the current law also prohibits discrimination and abuse against transgender persons but its penal provision addresses only general wrongs and criminal offences and prescribes a maximum of two years’ imprisonment. The proposed amendments make room for stricter penalties and punishments.For instance imprisonment ranging from six months to two years have been prescribed for crimes ranging from compelling a transgender person to indulge in the act of forced or bonded labour, denial of the right of passage to a public place to forcing a trans person to leave home or village. Similar punishment is prescribed for cases involving cases of physical, sexual, verbal, emotional and economic abuse of a trans person.If a trans person is kidnaped and suffers mutilation, castration or any surgical, chemical, or hormonal procedure; or permanent or severe injury with the intent of compelling to compel the person to adopt or outwardly present a transgender identity against their will, the offence shall be punishable with 10 years to life imprisonment. In addition a fine not less than Rs 2 lakh will be levied. For the same crime involving a child the punishment will be life imprisonment and a fine of Rs 5 lakh.If someone by force or threat compels any person, whether or not such person is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person against the will of such person and engage them in begging or forced labour, the punishment will be between 5 to 10 years. In case of a child the punishment can range between 10 to 14 years.
