The Lok Sabha on Tuesday passed the ‘Transgender Persons (Protection of Rights) Amendment Bill, 2026,’ by a voice vote, despite stiff resistance from the Opposition. The government claims the amendment aims to streamline the identification process, but activists argue that it effectively ends the right to self-perceived gender identity—a right previously upheld by the Supreme Court.

New Process for Legal Recognition: The 2026 Bill replaces the simpler administrative process of the 2019 Act with a more clinical approach:

• Mandatory Medical Board: Applicants seeking a Transgender Identity Certificate must now undergo an evaluation by a designated Medical Board led by the Chief Medical Officer (CMO). The District Magistrate will only issue a certificate based on the board’s recommendation.
• Narrowed Definition: The definition of a “transgender person” has been tightened. It now focuses on individuals with congenital biological variations or those belonging to socio-cultural identities like Hijra, Kinner, or Aravani. Legal recognition based solely on an individual’s self-perceived identity or sexual orientation has been explicitly excluded.
• Stricter Penalties: The Bill introduces enhanced punishments for crimes against transgender persons, including life imprisonment for forced identity assumption or grave bodily harm.

The Opposition, including Congress and TMC, termed the bill “regressive,” arguing it violates the landmark 2014 NALSA judgment which recognized self-determination of gender as a fundamental right under Article 21.