• UGI USER
  • Mar 14, 2026
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Govt Bill Redefines Transgender

Government Introduces Bill Redefining Transgender Person Definition

Why in the News ?

The Union government introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in Parliament, proposing to redefine the term “transgender person” and remove the provision for self-perceived gender identity, sparking debate among activists and rights groups.

Govt Bill Redefines Transgender

Key Changes Proposed in the Amendment Bill:

  • The Transgender Persons (Protection of Rights) Amendment Bill, 2026 was introduced in Parliament by Union Social Justice and Empowerment Minister Virendra Kumar.
  • The Bill proposes a new definition of “transgender person”, replacing the broader definition included in the Transgender Persons (Protection of Rights) Act, 2019.
  • The revised definition focuses on biological or congenital variations in sex characteristics and traditional socio-cultural identities.
  • It includes persons belonging to communities such as hijra, kinner, aravani, jogta, and eunuch, as well as individuals with intersex variations or congenital differences in sex development.
  • The amendment explicitly excludes individuals with different sexual orientations or self-perceived gender identities from the legal definition.

Removal of Self-Identification and Community Concerns

  • The amendment removes the right to self-perceived gender identity, which had been recognised under the 2019 Act.
  • Activists and members of the transgender community argue that this move contradicts the Supreme Court’s landmark NALSA judgment (2014).
  • The government defended the change, stating that the earlier definition was too broad and made it difficult to identify the genuinely marginalised groups intended to benefit from the law.
  • Community leaders and activists have criticised the amendment, arguing that it undermines the autonomy and identity rights of transgender individuals.
  • Concerns have also been raised that the Bill could exclude several gender-diverse individuals who previously qualified for legal recognition and welfare benefits.

About Transgender Rights in India:

●     In the NALSA v. Union of India (2014) judgment, the Supreme Court recognised transgender persons as a “third gender” and affirmed their right to self-identification of gender.

●     The ruling directed governments to ensure legal recognition, social welfare measures, and protection from discrimination for transgender individuals.

●     Following the judgment, Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019, which prohibits discrimination in education, employment, healthcare, and public services.

●     The Act also provides mechanisms for identity certificates and welfare schemes for transgender persons.

●     Transgender communities such as hijras, kinnars, aravanis, and jogtas have historically existed in South Asian societies, though they have faced long-standing social stigma and marginalisation.