Members of Odisha Transgenders Association stage a demonstration demanding withdrawal of the Centre’s proposed Transgender Persons (Protection of Rights) Amendment Bill (PTI)
NEW DELHI: The Lok Sabha on Tuesday passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, which seeks to give a precise definition of the term “transgender” and exclude “different sexual orientations and self-perceived sexual identities” from the ambit of the proposed law.Before the bill was passed, the House rejected amendments moved by opposition members by a voice vote.The bill 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 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 face societal discrimination of an extreme and oppressive nature.
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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,” the bill sajd.It noted that it is imperative to give a precise definition for proper and definitive identification and protection of transgender persons, to whom the benefits of the present law must reach.The bill said that over the course of time, during the implementation of the transgender protection law, “certain doubts and difficulties have arisen and are likely to arise” regarding the “expanse of the definition” of transpersons. It inserts a new sub-clause to define a transperson as one having 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.It also contains provisions for “designation of an authority”, which will have the option to seek “expert advice” if required.A new clause defines “authority” as a medical board headed by a chief medical officer or a deputy chief medical officer appointed by the central government, state government or a Union territory administration.The bill also proposed 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.Replying to the debate, Social Justice and Empowerment Minister Virendra Kumar said the proposed legislation aims to provide protection only to those who face boycott due to biological issues.He said the amendment will ensure that transgender persons continue to get legal recognition and protection.Kumar also said while the 2019 law had a provision for a maximum of two years of imprisonment, the amendment bill provides for a maximum of 14 years in jail with a penalty.Opposition members criticised the proposed legislation, saying it takes away the right to self-determination of identity and should be sent to a standing committee for wider consultations.Participating in the debate, Congress MP Jyothimani said the bill has been brought without consultations from transgender people and shows the government’s “callous” attitude.She said leader of opposition Rahul Gandhi and Congress MP Priyanka Gandhi have listened to transgender people and deeply understand what they feel.Jyothimani asserted that this bill is not a reform.A Supreme Court judgement has recognised that gender identity is a matter of self determination, she said.
