New Delhi, Apr 1: An amendment bill which provides graded punishment for bodily harm to transgender persons has received the assent of President Draupadi Murmu.
Opposition MPs had slammed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, for excluding gays and lesbians from its ambit.
An authority has been established to determine whether a person is transgender, a provision that also faced backlash from the opposition.
According to a law ministry notification dated March 30, the amended law will come into effect on a date appointed by the Central Government through a notification in the official gazette.
During debates in both Houses of Parliament, while the government said the objective is to protect transgender persons, the opposition slammed the proposed legislation for taking away the right to self determination of identity, such as gay and lesbian individuals, and demanded that it be sent to a standing committee for proper consultations.
The bill 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. 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 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. 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 says.
Last week, the Parliament passed a bill to amend a law on the protection and rights of transgender persons.
Replying to the debate on the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in the Upper House, Social Justice and Empowerment Minister Virendra Kumar said the proposed legislation aims to unite all segments of society.
He emphasised that the bill focuses on providing protection only to those who face discrimination due to biological factors and asserted that the amendment will ensure that transgender persons continue to receive legal recognition and protection.
The minister expressed the government’s commitment to protect individuals suffering due to biological reasons, assuring that their rights will be safeguarded. He advocated for the inclusion of these persons in mainstream society to prevent them from living in despair.
Highlighting the government’s efforts for the welfare of the community, the minister noted that transgender welfare boards have been established in over 30 states. He indicated that this bill would bring administrative clarity and protect the rights of transgender individuals.
The minister stated that the legislation aims to end discrimination against transgender persons, describing it as a clear commitment from the Modi government, which believes in ‘Sabka Saath Sabka Vikas’.
The bill passed in the Rajya Sabha via a voice vote, rejecting amendments suggested by the opposition. The House did not support calls from the opposition to send the bill to a select committee.
Several members participated in the debate, including Amar Pal Maurya (BJP), Renuka Chowdhury (Congress), Fauziya Khan (NCP-SP), Manoj Kumar Jha (RJD), Saket Gokhale (TMC) and Tiruchi Siva (DMK). Some members pressed for sending the bill to the select committee.
AAP MP Swati Maliwal remarked that gender inequality for transgender persons must be urgently addressed. She raised concerns regarding a provision in the bill that criminalises alluring someone to present as transgender, calling it vague and potentially harmful, as it could target families, doctors, and the support systems of the transgender community.
“Instead of protection, we may create outright fear. Today, we must stand up with those pushed to the margins for centuries. We must send this bill to the select committee and hold larger consultations because dignity delayed is dignity denied,” she said.
CPI (M) MP John Brittas also urged the government to refer the bill to a select or standing committee.
SP MP Jaya Bachchan requested that the bill be withdrawn and reintroduced after consideration in the Monsoon session for further discussion.
Opposing the bill, IUML’s Abdul Wahab called for the government to submit the bill for deliberation to a select committee.
NCP-SCP leader Fauzia Khan and SS-UBT’s Rajya Sabha member Priyanka Chaturvedi similarly pressed for the bill to be sent to a select committee.
DMK MP Tiruchi Siva demanded consultation from stakeholders, legal experts, civil society, transgender community, as well as a review by the select committee.
RJD MP Manoj Kumar Jha urged the government not to amend the self-identification norm in the existing law, as it will further burden the already overburdened bureaucracy, besides posing other challenges.
Golla Babu Rao from the YSR Congress Party and Subhasish Khuntia from the Biju Janata Dal (BJD) seconded with the other opposition members and demanded that the bill be sent to a parliamentary committee for stakeholders’ consultation. (PTI)
