Lok Sabha Passes Transgender Persons Amendment Bill 2026: Key Changes Explained

The Transgender Persons (Protection of Rights) Amendment Bill, 2026 removes self-identification of gender and replaces it with medical board examination. It also strengthens penalties for crimes against transgender persons and restricts forced gender-affirming treatments.

The Supreme Court in NALSA v Union of India (2014) held that self-identification of gender is a fundamental right under Articles 14, 15, 19 and 21. The 2019 Act operationalised this ruling. The 2026 Amendment removes the self-identification right, which Opposition MPs described as unconstitutional.

The government argues that medical board verification prevents fraudulent reservation claims and that restricting forced medical transitions protects children. Union Minister Kumar stated that legal recognition for transgender persons would continue under the amended Act.

The bill passed by voice vote after an Opposition walkout. Eleven of the fifteen MPs who spoke were from Opposition parties and objected to the bill. The walkout prevents a formal recorded vote count but does not block passage.

The bill will go to the Rajya Sabha. It is also likely to face legal challenge, given its apparent conflict with the NALSA ruling. Any court challenge would likely be heard by the Supreme Court, which would need to adjudicate whether the medical board mechanism is consistent with its 2014 constitutional holding.

The 2019 Act established the National Council for Transgender Persons, prohibited discrimination in education and employment, and created the certificate of identity mechanism. The 2026 Amendment modifies the certificate process but does not repeal the 2019 Act in its entirety.