Centre tables Bill to redefine ‘transgender’, removes ‘self-perceived gender identity’ clause

The Centre said the purpose of the Bill 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. (Representative photo)

• Bill introduced to revise transgender identity certification
• Medical board to advise on transgender identity, not self-perception
• Stricter penalties proposed for abuse and forced identity changes

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The Centre introduced Transgender Persons (Protection of Rights) Amendment Bill, 2026, on Friday, aiming to do away with 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.

According to the statement of objects and reasons of the Bill introduced by social justice and empowerment minister Virendra Kumar, 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.

As per a report in The Times of India, the Bill states 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.

Justifying the proposed changes, the Centre said the purpose of the Bill 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. “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.

Who is a 'trans person': What the bill states  

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," states the bill.

How does a person apply for transgender identity? 

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.

Now, the bill has made a provision for a medical board headed by a chief medical officer. Once the bill is passed, the district magistrate will, going forward, issue a certificate of transgender identity, after examining the recommendation of the medical board.

Stricter penalties and punishments  

The current law for transgender persons prohibits discrimination and abuse but its penal provision prescribes a maximum of two years’ imprisonment. The proposed amendments make room for stricter penalties and punishments.

Imprisonment ranging from six months to two years- for crimes ranging from compelling a transgender person to indulge in bonded labour, denial of the right of passage to a public place,  forcing a trans person to leave home or village, physical, sexual, verbal, emotional and economic abuse.

Jail term ranging from 10 years to life imprisonment + fine upto Rs 2 lakh-If a trans person is kidnaped and suffers mutilation, castration or any surgical, chemical, or hormonal procedure; permanent or severe injury with the intent of compelling the person to adopt or outwardly present a transgender identity against their will

Life imprisonment and a fine of Rs 5 lakh-for the same crime involving a child

Jail term between 5 and 10 years-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

Jail term between 10 and 14 years-for the same crime involving a child