Lok Sabha passes bill redefining ‘transgender’; excludes sexual orientation, self-perceived identity

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 of Representatives rejected an amendment proposed by opposition members in a voice vote.The bill emphasizes that transgender people “shall not include and shall not include persons with different sexual orientations and self-perceived sexual identities.”“The intention, purpose and purpose of the Bill is and was to protect a specific group of people in society and culture known as transgender people who face extreme and oppressive social discrimination.It was not and is not intended to protect every class of people with varying gender identities, self-perceived sex/gender identities, or gender fluidity,” the bill says.It stated that an accurate definition must be given for the correct and clear identification and protection of transgender people and that existing laws must benefit transgender people.The bill says that over time, “certain concerns and difficulties have arisen and may arise” regarding the “scope of the definition” of transgender people during the implementation of the transgender protection law.It inserted a new sub-clause defining a transgender as a person with socio-cultural identities such as ‘kinner’, ‘hijra’, ‘aravani’ and ‘jogta’, or a eunuch, or a person with intersex variation, or a person born with congenital variation in one or more gender characteristics as compared to being male or female.It also contains provisions for a “designated body” which may choose to seek “expert advice” if required.A new provision defines “authority” as a medical board headed by a chief medical officer or deputy chief medical officer appointed by the central government, state government or union territory administration.The bill also proposes to create specific offenses with graduated penalties to reflect the seriousness of the harm, the irreversibility of the harm and the particular vulnerabilities of child victims.Responding to the debate, Social Justice and Empowerment Minister Virendra Kumar said the proposed legislation aims to provide protection only to those who face backlash due to biological concerns.He said the amendment would ensure transgender people continue to receive legal recognition and protection.Kumar also said that while the 2019 law provides for a maximum penalty of two years in prison, the amendment provides for a maximum penalty of 14 years in prison with penalty.Opposition members have criticized the proposed legislation, saying it takes away the right to identity self-determination and should be referred to a standing committee for wider consultation.MP Jyotimani, who took part in the debate, said the bill was introduced without consultation with trans people, which showed the government’s “callous” attitude.Opposition leader Rahul Gandhi and Congress MP Priyanka Gandhi listened to transgender people and understood their feelings deeply, she said.Chotimani insists the bill is not a reform.She said a Supreme Court judgment recognized gender identity as a matter of self-determination.