Transgender Persons (Protection of Rights) Amendment Bill, tabled in the Lok Sabha, modifies the definition of transgender person to exclude self-chosen gender identities

The Transgender Persons (Protection of Rights) Amendment Bill was introduced by the Union Minister for Social Justice and Empowerment, Dr Virendra Kumar, in the Lok Sabha on Friday (March 13, 2026). The Bill makes significant changes to the Transgender Persons (Protection of Rights) Act, 2019.

Major changes introduced in the Bill include the definition of a transgender person, which replaces the principle that allowed transgender persons’ right to self-perceived gender identity. The definition of transgender persons in the Bill includes people who have “socio-cultural identities as kinner, hijra, aravani, and jogta” and people who have physiological markers or “congenital variations” in sex characteristics.

The modification of the definition of transgender person under the bill has ruffled some feathers. Some LGBTQ activists have claimed that the Bill is taking away the right to ‘self-identity’ of transgender persons. However, the rationale for providing a clear and precise definition of a transgender person is explained in the Statement of Objects and Reasons of the Bill.

According to the Statement of Objects and Reasons of the Bill, the intention behind introducing the definition of a transgender person is to get rid of implementation hurdles that arose due to the vague definition of transgender persons under the 2019 Act. “Over the course of time, during the implementation of this enactment, certain doubts and difficulties have arisen and are likely to arise with regard to the expanse of the definition of transgender persons and how the identification of such persons is to be done under the existing definition,” noted the Statement of Objects and Reasons.

The Bill makes it clear that it does not aim to protect all persons “with various gender identities, self-perceived sex/gender identities or gender fluidities” but only “to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature”. It adds that substantial protection is afforded to transgender persons under existing law; therefore, it must be ensured that “such identification cannot be extended based on any acquirable characteristics or personal choice or claimed self-perceived identity of an individual”.

Besides, the Bill aims to modify the procedure for the recognition of gender identity and introduce stricter punishments for offences involving the forced conversion of individuals into transgender identities through mutilation or coercion.