In March 2026, Parliament passed a bill to amend the Transgender Persons (Protection of Rights) Act, 2019 (‘principal Act’). The Transgender Persons (Protection of Rights) Amendment Act 2026 (‘amendment Act’) was brought into force on 25th May, 2026.
The amendment Act makes 3 key changes to the principal Act: it narrows the definition of ‘transgender persons’, it introduces further medicalised criteria for receiving a transgender certificate and it introduces new criminal provisions.
DEFINITION OF TRANSGENDER
The principal Act had a broad definition of ‘transgender person’ that included anyone whose ‘gender does not match with the gender assigned to that person at birth’ whether or not they have undergone any medical intervention.
The amendment Act replaces this with just 3 categories of people: (1) socio-cultural identities such as hijra, kothi, aravani, jogta and ‘eunuch’ (2) persons with certain specified ‘congenital’ intersex variations and (3) people who have been compelled to present a transgender identity. It also explicitly removes the right to self-perceived gender identity and states that this was not the aim of the principal Act.
MEDICALISATION OF TRANSGENDER CERTIFICATE CRITERIA
In line with the above changes, the amendment Act creates a medical board which will evaluate any applications made for a certificate bearing the ‘transgender’ marker. The District Magistrate (DM) will receive the board’s recommendation, and may also choose to consult further medical experts before making a decision. Previously, self-declaration by affidavit to the DM was sufficient.
If someone undergoes surgery to change their sex, they are required to make another application to the Magistrate to obtain a binary marker as male or female. The medical institution which performs such surgery is obliged to report it to the DM.
CRIMINALISATION
The amendment Act introduces 2 new types of crimes. First, it is a crime to kidnap an adult, cause hurt or injury by means such as surgery or emasculation and compel them to present a transgender identity against their consent. Second, it is also a crime to compel an adult to present themselves as a transgender person against their will and employ or use them for begging, solicitation, servitude or forced labour. If the same two crimes are committed against a child, consent or will of the child is irrelevant and the punishment will be higher.
SIGNIFICANCE
The amendment Act undermines the constitutional rights including self-determination of gender upheld in NALSA v Union of India. It excludes several transgender identities from recognition, including trans men, trans women, non-binary and genderqueer persons who do not belong to the specified socio-cultural identities. The medicalised criteria shifts power from the self-perception of transgender persons to doctors and bureaucrats. The new crimes and the use of ‘eunuch’, a derogatory term, reinforce negative stereotypes against transgender persons and create grounds for further police harassment and intrusion. The amendment Act as a whole makes everyday life harder for many transgender people, in accessing education, employment, travel, civic rights, shelter and community.
READ THE FULL TEXT HERE
CLPR believes in complete dissemination of information. Towards this end, CLPR has translated the text into Kannada for wider dissemination among the local transgender community in Karnataka. This translation is made in a private capacity by CLPR and is not an official version.
READ THE FULL TEXT IN KANNADA HERE