Kamal Ghorui
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.
