The Transgender Persons (Protection of Rights) Amendment Bill, 2026 |The LexSphere Library

SECTION Section 1

Untitled Section

•40 of 2019.

•5

•AS INTRODUCED IN LOK SABHA

•Bill No. 79 of 2026

•THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS)

•AMENDMENT BILL, 2026

•A

•BILL

•to amend the Transgender Persons (Protection of Rights) Act, 2019.

•BE it enacted by Parliament in the Seventy -seventh Year of the Republic of

•India as follows:—

SECTION Section 10

Untitled Section

7.For section 18 of the principal Act, the following section shall be

•substituted, namely:—

•“18. Whoever,—

(a)compels or entices a transgender person to indulge in the act of

•forced or bonded labour other than any compulsory service for public

•purposes imposed by Government, shall be punishable with

•imprisonment for a term which shall not be less than six months but

•which may extend to two years and with fine;

(b)denies a transgender person the right of passage to a public

•place or obstructs such person from using or having access to a public

•place to which other members have access to or a right to use, shall be

•punishable with imprisonment for a term which shall not be less than six

•months but which may extend to two years and with fine;

(c)forces or causes a transgender person to leave household,

•village or other place of residence, shall be punishable with

•imprisonment for a term which shall not be less than six months but

•which may extend to two years and with fine;

•Amendment of

SECTION Section 11

Untitled Section

•section 7.

•Amendment of

SECTION Section 12

Untitled Section

•section 16.

•Substitution of

•new section for

SECTION Section 13

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•section 18.

•Offences and

penalties.

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(d)harms or injures or endangers the life, safety, health or

•well-being, whether mental or physical, of a transgender person or tends

•to do acts including causing physical abuse, sexual abuse, verbal and

•emotional abuse and economic abuse, shall b e punishable with

•imprisonment for a term which shall not be less than six months but

•which may extend to two years and with fine;

(e)kidnaps or abducts any adult person and causes—

(i)grievous hurt to such person, whether by mutilation,

•emasculation, castration, amputation, or any surgical, chemical, or

•hormonal procedure; or

•(ii) permanent or severe injury to the body or bodily

•functions of such person,

•with the intent of, or in the course of, compelling such person to assume,

•adopt, or outwardly pre sent a transgender identity against the will or

•consent of such person, whether by force, allurement, deceit, undue

•influence or otherwise, shall be punishable with rigorous imprisonment

•for a term which shall not be less than ten years but which may exten d

•to imprisonment for life, and shall also be liable to fine which shall not

•be less than two lakh rupees;

(f)kidnaps or abducts any child and causes—

(i)grievous hurt to such child, whether by mutilation,

•emasculation, castration, amputation, or any surgical, chemical, or

•hormonal procedure; or

•(ii) permanent or severe injury to the body or bodily

•functions of such child,

•with the intent of, or in the course of, compelling such child to assume,

•adopt, or outwardly present a transgender identity, whether by force,

•allurement, deceit, undue influence or otherwise, shall be punishable

•with rigorous imprisonment for life, and shall also be liable to fine which

•shall not be less than five lakh rupees;

(g)by force, threat, coercion, allurement, deception, inducement,

•or undue influence—

(i)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

•(ii) employs, uses, or causes such person to engage in

•begging, solicitation, servitude, or any other form of forced or

•bonded labour while so presenting,

•shall be punishable with rigorous imprisonment for a term which shall

•not be less than five years but which may extend to ten years, and shall

•also be liable to fine which shall not be less than one lakh rupees; and

(h)by force, threat, coercion, allurement, deception, inducement,

•undue influence or otherwise—

(i)compels any child, whether or not such chi ld is a

•transgender person, to dress, present, or conduct themselves

•outwardly as a transgender person; and

•(ii) employs, uses, or causes such child to engage in begging,

•solicitation, servitude, or any other form of forced or bonded

•labour while so presenting,

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•shall be punishable with rigorous imprisonment for a term which shall not

•be less than ten years but which may extend to fourteen years, and shall

•also be liable to fine which shall not be less than three lakh rupees.”.

SECTION Section 14

Untitled Section

8.In section 22 of the principal Act, in sub-section (2),—

(a)in clause ( c), after the word, brackets and figure “sub -section (1)”,

•the words, brackets, figure and letter “and the form and manner of details to

•be furnished by the medical institution under sub -section ( 1A),” shall be

•inserted;

(b)in clause (d), the word “revised” shall be omitted.

•Amendment of

SECTION Section 15

Untitled Section

•section 22.

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•STATEMENT OF OBJECTS AND REASONS

•It is the legislative policy to recognise a specific class of transgender persons,

•who face social issues and to create a regime for their protection. The legislative

•policy was and is intended to protect only those who face severe social exclusion

•due to biological reasons for no fault of their own and no choice of their own.

SECTION Section 16

Untitled Section

2.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. This is critical to the

•implementation of the Act, as it is of prime importance that the enactment is utilised

•and works towards only those who are in actual need of such protection.

SECTION Section 17

Untitled Section

3.The intent, object and purpose of the Act is and was to protect a specified

•class of persons socially and culturally known as transgender people who fa ce

•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.

SECTION Section 18

Untitled Section

4.The existing vague definiti on 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, but also makes the operation and

•enforcement of several provisions under penal, civil and personal laws unworkable.

•Such a vague and broad definition of the expression “transgender person” is found

•to have created complex issues in the working of statutory enactments, as this vague

•definition is not compatible with several statutory provisions of several enactments

•enacted both by the Parliament and the State Legislatures. Any enactment conferring

•rights, privileges and protections cannot have a definition clause whereby the status

•entitling such rights, privileges and protections can be acquired.

SECTION Section 19

Untitled Section

5.It is therefore imperative to give a precise definition for proper and

•definitive identification and protection of transgender persons to whom the benefits

•of the Act must reach. 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.

SECTION Section 2

Untitled Section

1.(1) This Act may be called the Transgender Persons (Protection of Rights)

•Amendment Act, 2026.

(2)It shall come into force on such date as the Central Government may, by

•notification in the Official Gazette, appoint.

SECTION Section 20

Untitled Section

6.The Bill also contains provisions for designation of an authority and

•provisions pro viding the relevant authorities the option to seek expert advice if

required.The Bill also seek to empower the transgender persons to make

•consequential changes in official documents. The Bill further provides for a change

•in the constitution of the National Council ensuring that persons, not below the rank

•of Director, form a part of the same as representatives of the State Governments and

•Union territories administration, by rotation, one each from North, South, East, West

•and North-East regions.

SECTION Section 21

Untitled Section

7.The Transgender Persons (Protection of Rights) Act, 2019 prohibits

•discrimination and abuse against transgender persons but its penal provision under

SECTION Section 22

Untitled Section

•section 18, as presently enacted, addresses only general wrongs and criminal

•offences and prescribes a maximu m of two years ’ imprisonment. It does not

•adequately address offences of exceptional gravity that have been documented in

practice.The abduction of adults and children, the infliction of reversible or

•irreversible bodily harm upon them through mutilation, emasculation, castration,

•hormone therapies / other similar therapies or chemical alteration, and their forced

•assumption of a transgender identity, frequently as a prelude to economic and other

•forms of exploitation including but not limited to begging o r servitude has been

observed.While scattered provisions of the Bharatiya Nyaya Sanhita, 2023 and the

•Juvenile Justice (Care and Protection of Children) Act, 2015 address individual

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•elements of these wrongs, no existing provision treats this conjunction of abduction,

•permanent bodily harm, and forced identity as a unified penal approach.

8.The Bill, therefore, also proposes to substitute section 18 of the principal

•Act, creating specific offences with graded punishments that reflect the gravity of

•the harm, the irreversibility of the injury, and the particular vulnerability of child

victims.The proposed provisions operate cumulatively with the general criminal

•law and give legislative expression to the constitutional guarantees that every

•person’s bodily integrity is inviolable, that no person may be subjected to forced

•labour or traffic in human beings.

9.The Bill seeks to achieve the above objectives.

•NEW DELHI;

•The 12th March, 2026. DR. VIRENDRA KUMAR.

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•FINANCIAL MEMORANDUM

•The Transgender Persons (Protection of Rights) Amendment Bill, 2026, if

•enacted, is not likely to involve any expenditure of recurring or non-recurring nature

•from and out of the Consolidated Fund of India.

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•MEMORANDUM REGARDING DELEGATED LEGISLATION

•Clause 5 of the Bill seeks to insert sub -section ( 1A) in section 7 of the

•Transgender Persons (Protection of Rights) Act, 2019. The aforesaid sub-section of

•the said section empowers the appropriate Government to make rules to provide for

•the form and manner of details of a person who has undergone surgery to change

•gender, either male or female, to be furnished by the medical institutions.

•The matters in respect of which rules may be made and notification issued are

•matters of procedure and administrative detail, and it is not practicable to provide

•for them in the proposed legislation itself. The delegation of legislative power is,

•therefore, of a normal character.

Definitions.

•Recognition of

•identity of

•transgender

person.

•Issue of

•certificate of

identity.

•Change in

gender.

•ANNEXURE

•EXTRACTS FROM THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

•(40 OF 2019)

•* * * * *

SECTION Section 23

Untitled Section

2.In this Act, unless the context otherwise requires,—

(a)“appropriate Government” means,—

(i)in relation to the Central Government or any establishment,

•wholly or substantially financed by that Government, the Central

•Government;

•(ii) in relation to a State Government or any establishment, wholly

•or substantially financed by that Government, or any local authority, the

•State Government;

•* * * * *

(i)“person with intersex variations” means a person who at birth shows

•variation in his or her primary sexual characteristics, external genitalia,

•chromosomes or hormones from normative standard of male or female body;

•* * * * *

(k)“transgender person” means a person whose gender does not match

•with the gender assigned to that person at birth and includes trans -man or

•trans-woman (whether or not such person has undergone Sex Reassignment

•Surgery or hormone therapy or laser therapy or such other therapy), person

•with intersex variations, genderqueer and person having such socio -cultural

•identities as kinner, hijra, aravani and jogta.

•* * * * *

SECTION Section 24

Untitled Section

•CHAPTER III

•RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS

SECTION Section 25

Untitled Section

4.(1) * * * * *

(2)A person recognised as transgender under sub-section (1) shall have a right

•to self-perceived gender identity.

•* * * * *

SECTION Section 26

Untitled Section

6.(1) The District Magistrate shall issue to the applicant under section 5, a

•certificate of identity as transgender person after following such procedure and in

•such form and manner, within such time, as may be prescribed indicating the gender

•of such person as transgender.

•* * * * *

SECTION Section 27

Untitled Section

7.(1) After the issue of a certificate under sub-section (1) of section 6, if a

•transgender person undergoes surgery to change gender either as a male or female,

•such person may make an application, along with a certificate issued to that effect

•by the Medical Superintendent or Chief Medical Officer of the medical institution

•in which that person has undergone surgery, to the District Magistrate for revised

•certificate, in such form and manner as may be prescribed.

(2)The District Magistrate shall, on receipt of an application along with the

•certificate issued by the Medical Superintendent or Chief Medical Officer, and on

•being satisfied with the correctness of such certificate, issue a certificate indicating

•change in gender in such form and manner and within such time, as may be

prescribed.

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(3)The person who has been issued a certificate of identity under section 6 or

•a revised certificate under sub-section (2) shall be entitled to change the first name

•in the birth certificate and all other official documents relating to the identity of such

•person:

•Provided that such change in gender and the issue of revised certificate under

•sub-section (2) shall not affect the rights and entitlements of such person under this

Act.

•* * * * *

SECTION Section 28

Untitled Section

•CHAPTER VII

•NATIONAL COUNCIL FOR TRANGENDER PERSONS

SECTION Section 29

Untitled Section

16.(1) * * * * *

(2)The National Council shall consist of—

•* * * * *

(f)representatives of the State Governments and Union territories by

•rotation, one each from the North, South, East, West and North-East regions,

•to be nominated by the Central Government, Members, ex officio;

•* * * * *

SECTION Section 3

Untitled Section

2.In section 2 of the Transgender Persons (Protection of Rights) Act, 2019

•(hereinafter referred to as the principal Act),—

(i)for clause (a), the following clause shall be substituted, namely:—

•Short title and

commencement.

•Amendment of

SECTION Section 30

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•CHAPTER VIII

•OFFENCES AND PENALTIES

SECTION Section 31

Untitled Section

18.Whoever,—

(a)compels or entices a transgender person to indulge in the act of forced

•or bonded labour other than any compulsory service for public purposes

•imposed by Government;

(b)denies a transgender person the right of passage to a public place or

•obstructs such person from using or having access to a public place to which

•other members have access to or a right to use;

(c)forces or causes a transgender person to leave household, village or

•other place of residence; and

(d)harms or injures or endangers the life, safety, health or well -being,

•whether mental or physical, of a transgender person or tends to do acts including

•causing physical abuse, sexual abuse, verbal and emotional abuse and economic

•abuse, shall be punishable with imprisonment for a term which shall not be less

•than six months but which may extend to two years and with fine.

•* * * * *

SECTION Section 32

Untitled Section

22.(1) * * * * *

(2)In particular, and without prejudice to the generality of the foregoing

•power, such rules may provide for all or any of the following matters, namely:—

•* * * * *

(c)the form and manner in which an application shall be made under

•sub-section (1) of section 7;

(d)the form, period and manner for issuing revised certificate under

•sub-section (2) of section 7;

•* * * * *

•National Council

•for Transgender

Persons.

•Offences and

penalties.

•Power of

•appropriate

•Government to

•make rules.

•LOK SABHA

•————

•A

•BILL

•to amend the Transgender Persons (Protection of Rights) Act, 2019.

•————

•(Dr. Virendra Kumar, Minister of Social Justice and Empowerment)

SECTION Section 4

Untitled Section

•section 2.

•2

•Amendment

•of section 4.

•Amendment of

SECTION Section 5

Untitled Section

•section 6.

•‘(a) “appropriate Government” means—

(i)in relation to the Central Government or any

•establishment wholly or substantially financed by that

•Government, the Central Government;

•(ii) in relation to a State Government or any establishment

•wholly or substantially financed by that Government, or any local

•authority within a State, the State Government;

•(iii) in relation to a Union territory or any establishment

•wholly or substantially financed by the Central Government in that

•Union territory, the Administrator thereof appointed under article

•239 of the Constitution or such authority as may be specified by

•the Central Government;’;

•(ii) after clause (a), the following clause shall be inserted, namely:—

•‘(aa) “authority” means a medical board, headed by a Chief Medical

•Officer or a Deputy Chief Medical Officer, as may be appointed by the

•Central Government, State Government or Union territory

•Administration;’;

•(iii) clause (i) shall be omitted;

•(iv) for clause (k), the following clause shall be substituted, namely:—

•‘(k) “transgender person” means—

(i)a person having such socio -cultural identities as kinner,

•hijra, aravani and jogta, or eunuch , or a person with intersex

•variations specified below or a person who, at birth, has a

•congenital variation in one or more of the following sex

•characteristics as compared to male or female development:—

(a)primary sexual characteristics;

(b)external genitalia;

(c)chromosomal patterns;

(d)gonadal development;

(e)endo genous hormone production or response, or

•such other medical conditions; or

•(ii) 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:

•Provided that it shall not include, nor s hall ever have been so

•included, persons with different sexual orientations and self -perceived

•sexual identities.’.

SECTION Section 6

Untitled Section

3.In section 4 of the principal Act, sub-section (2) shall be omitted.

SECTION Section 7

Untitled Section

4.In section 6 of the principal Act,—

(a)in sub -section (1), for the words “District Magistrate”, the words

•“District Magistrate, after examining the recommendation of the authority

•and, if he considers either necessary or desirable, after taking the assistance of

•other medical experts” shall be substituted;

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(b)after sub -section ( 3), the following sub -section shall be inserted,

•namely:—

•“(4) The person who has been issued a certificate of identity under

•sub-section (1) and is so declared as a transgender person within the

•definition under this Act shall be entitled to change the first name in the

•birth certificate and all other official documents relating to the identity

•of such person.”.

SECTION Section 8

Untitled Section

5.In section 7 of the principal Act,—

(a)in sub-section (1), for the words “such person may”, the words “such

•person shall” shall be substituted;

(b)after sub -section ( 1), the following sub -section shall be inserted,

•namely:—

•“(1A) The medical institution in which the person who has

•undergone surgery to change gender, either as male or female, shall

•furnish the details of such person t o the concerned District Magistrate

•and the authority in such form and manner as may be prescribed.”;

(c)for sub -section (2), the following sub -section shall be substituted,

•namely:—

•“(2) A person referred to in sub -section (1) shall also make an

•application to the District Magistrate who shall, on receipt of an application

•along with the certificate issued by the Medical Superintendent or Chief

•Medical Officer, and on being satisfied with the correctness of such

•certificate, issue a certificate indicating change in gender in such form and

•manner and within such time, as may be prescribed.”;

(d)sub-section (3) and the proviso shall be omitted.

SECTION Section 9

Untitled Section

6.In section 16 of the principal Act, in sub -section (2), for clause ( f), the

•following clause shall be substituted, namely:—

•“(f) representatives of the State Governments and Union territories

•Administration, by rotation, one each from North, South, East, West and

•North-East regions, not below the rank of Director in the concerned Ministry

•or Department, to be nominated by the Central Government, Members,

•ex officio;”.