The transgender persons amendment bill 2026 changed India's main law on transgender people in three big ways. It made the legal definition narrower. It removed the right to have your gender identity recognised on your own say-so. And it made a medical board part of the process for getting a certificate. Parliament passed it on 24 and 25 March 2026, and the President gave assent on 30 March, according to the reports we checked. This page sets the 2019 Act and the 2026 changes next to each other, so you can see exactly what is different.
This is general information, not legal advice. The law is being argued in the Supreme Court, so some points may change.
Key takeaways
- The Bill was introduced in the Lok Sabha on 13 March 2026, passed there on 24 March and passed by the Rajya Sabha on 25 March, according to PRS Legislative Research and Onmanorama.
- The new definition lists specific groups (such as kinner, hijra, aravani and jogta) and intersex persons. It drops trans men, trans women and genderqueer persons as named groups.
- A District Magistrate can now issue a certificate only after considering the recommendation of a medical board.
- Penalties are higher for forcing a person into a transgender identity or into begging and bonded labour.
- Critics say the change conflicts with the 2014 NALSA ruling. Petitions are pending in the Supreme Court, and reports differ on the exact date the Act came into force.
What is the transgender persons amendment act 2026 in short?
The official name is the Transgender Persons (Protection of Rights) Amendment Act, 2026. It changes the 2019 law of almost the same name. The Ministry of Social Justice and Empowerment brought the Bill. The 2019 Act defined a transgender person by looking at the gap between the gender a person feels and the gender written at birth. The 2026 amendment removes that test. Instead, it names the groups that the law covers.
Supporters say the law should protect people who face discrimination because of biological factors. Critics say it takes away a right the Supreme Court recognised in 2014. Both views are laid out below, with the people who held them.
Timeline: from introduction to the Supreme Court
Dates matter here because several websites mix them up. This table uses only dates that at least one report we opened states clearly.
| Date (2026) | What happened | Source |
|---|---|---|
| 13 March | Bill introduced in the Lok Sabha | PRS Legislative Research |
| 22 March | Activists protest against the Bill in Ahmedabad | Onmanorama |
| 24 March | Lok Sabha passes the Bill | PRS, Onmanorama |
| 25 March | Rajya Sabha passes it by voice vote; opposition amendments, including a demand to send it to a select committee, were rejected | Onmanorama |
| 30 March | President Droupadi Murmu gives assent | Tribune, iPleaders |
| 24 April | Laxmi Narayan Tripathi files a petition in the Supreme Court | Supreme Court Observer |
| 4 May | Supreme Court issues notice to the Centre and states; no stay on the Act | Supreme Court Observer, Tribune |
| 15 June | Court stays proceedings in four High Courts while it considers the Centre's transfer request | Tribune |
| 3 August | Court lists all petitions for a final hearing on 17 August | Tribune |
We could not find a report of what happened at the 17 August hearing. See the section on what is not confirmed.
2019 Act versus 2026 amendment: side-by-side table
This table is built from the PRS Legislative Research summary of the Bill and from the reports by Maktoob Media, The News Minute and Onmanorama. Where outlets describe the same point differently, we say so.
| Topic | 2019 Act | 2026 amendment |
|---|---|---|
| Definition | A person whose gender does not match the gender assigned at birth. Included trans men, trans women, genderqueer persons, intersex persons and socio-cultural identities such as kinner and hijra | A list of groups: kinner, hijra, aravani, jogta, persons with certain birth-related variations in sex characteristics, eunuchs, and persons forced into a transgender identity through mutilation or similar procedures |
| Self-perceived identity | The law gave a right to a self-perceived gender identity | That right is removed from the definition. The Bill also says persons with different sexual orientations or self-perceived sexual identities are not, and never were, included |
| Certificate | A person applied to the District Magistrate for a certificate of identity | The District Magistrate issues it only after considering the recommendation of a medical board |
| Medical board | Not part of the first certificate | A board headed by a Chief Medical Officer or Deputy Chief Medical Officer. The Magistrate may also consult other medical experts |
| After gender-affirming surgery | A person could apply for a revised certificate | A revised certificate is required, and medical institutions must report such surgeries to the Magistrate |
| Penalties | Six months to two years in jail plus a fine for offences such as forced labour, forced eviction or harm | Same band for those offences, plus much higher terms for new offences (see next table) |
The new penalties in detail
PRS lists the new, tougher offences. Reports differ slightly on the wording, so check the official text before quoting a number.
| Offence | Adult victim | Child victim |
|---|---|---|
| Kidnapping or causing grievous hurt to force someone into a transgender identity | 10 years to life and a fine of at least ₹2 lakh | Life imprisonment and a fine of at least ₹5 lakh |
| Forcing a person to present as transgender and to beg, or placing them in servitude or bonded labour | 5 to 10 years and a fine of at least ₹1 lakh | 10 to 14 years and a fine of at least ₹3 lakh |
Who can get a certificate now, and how?
Here is the process as the reports describe it. The final rules and forms may differ, so confirm with your District Magistrate's office.
- The applicant applies to the District Magistrate.
- The District Magistrate sends the case to the designated medical board, led by the Chief Medical Officer or Deputy Chief Medical Officer.
- The board gives a recommendation. The Magistrate considers it and may ask other medical experts for advice.
- If the certificate is issued, the holder can change their first name on the birth certificate and other official documents.
- After any gender-affirming surgery, the person must get a revised certificate.
The iPleaders legal blog says the 30-day deadline that appeared in the 2019 process no longer appears in the amended text. It also says that, as of 13 May 2026, the Centre had not notified the rules under Section 22. We did not check the rules ourselves, so treat both points with care.
What about people who already hold a certificate?
This is one of the most practical questions. On 3 August, Justice Joymalya Bagchi said the bench was concerned about people who already hold Transgender (TG) identity cards issued under the earlier law, according to the Tribune. One petitioner's lawyer said the national identity card portal was not working and asked for protection for existing cards. The court asked for concrete examples of hardship. We found no final order on this.
What did supporters of the amendment say?
Social Justice and Empowerment Minister Virendra Kumar said the Bill aims to protect people who face discrimination because of biological factors. According to Onmanorama, he said it would give continued legal recognition and protection and bring administrative clarity. He also noted that transgender welfare boards exist in more than 30 states.
The News Minute describes the government's approach as limiting the law to a narrowly defined group facing "extreme and oppressive" discrimination. In plain words: the government's case is that the law should focus on a defined group it says faces the worst discrimination.
What did critics say, and what is the 2014 NALSA ruling?
In 2014, in National Legal Services Authority v. Union of India (called NALSA), the Supreme Court recognised a third gender category. According to The News Minute, the court also upheld self-identification and told the government to ensure reservations in jobs and education and access to health care. For the longer story, read our article on the history of transgender rights in India.
Critics say the amendment goes against that ruling. Here are the main points, with the people who made them:
- The News Minute reports that the Bill faced sustained criticism from opposition parties and parts of the transgender community.
- Maktoob Media reports that opposition parties and LGBTQIA+ groups said they were not consulted. It also reports that two National Council of Transgender Persons members, Kalki Subramaniam and Rituparna Neog, resigned in protest, and that a Supreme Court-constituted committee headed by Justice Asha Menon asked the government to withdraw the Bill.
- AAP MP Swati Maliwal called the provisions on "inducing" someone to present as transgender vague. She said they could be misused against families, doctors and support groups, and asked for a select committee, according to Onmanorama.
- Petitioners in the Supreme Court argue that the Act violates Articles 14, 15, 19 and 21 of the Constitution, and that medical scrutiny by a board affects privacy (Tribune).
Myth versus fact
| Claim you may see online | What the sources say |
|---|---|
| "The Act was cancelled by the Supreme Court." | Not true on the reports we found. The court issued notice and has not stayed the Act itself. It only stayed High Court proceedings. |
| "Only surgery makes you transgender under the new law." | Not what the reports say. The definition lists groups and requires a medical board recommendation for the certificate. It does not say surgery is compulsory for every applicant. |
| "All older certificates are now cancelled." | We found no such order. The Supreme Court has been asked to protect existing cards, and no final answer was reported. |
What is not confirmed: commencement date and court outcome
Three points need extra care.
- When did the Act come into force? iPleaders says it came into force on the day of assent, 30 March, with the e-Gazette notice the same week. The Supreme Court Observer says the Act was notified and came into force on 25 May 2026, and that on 4 May the court declined an interim stay because the Act had not yet been notified. These accounts do not agree. Check the Gazette of India for the official notification before relying on any date.
- What did the Supreme Court decide? The final hearing was listed for 17 August 2026. We found no report of the hearing, any interim order or a judgment. Check the Supreme Court's own website for the latest.
- The rules. iPleaders said in May that the rules had not been notified. We have not confirmed whether that has changed.
The Rajasthan High Court also reacted. According to Maktoob Media, it said the amendment risks turning "an inviolable aspect of personhood" into a State-mediated entitlement. iPleaders describes a separate State-level order in Ganga Kumari v. State of Rajasthan on 30 March 2026, and says the bench told the state to give transgender persons 3 percent extra weightage in public jobs and state education admissions until a formal policy is decided. iPleaders calls this a state-level direction, not a ruling on the national amendment. We have not seen the order ourselves.
What does it mean for state welfare boards such as Bihar's?
The minister noted that welfare boards exist in more than 30 states. These boards work under state governments. They are not the same thing as the national council. Bihar's board is a 28-member body under the Social Welfare Department, formed in August 2025, according to Drishti IAS. Read more in our pieces on how state welfare boards work and on the Bihar board's recent developments.
We found no report explaining how the amendment changes the work of any state board, including Bihar's. That is something to watch once the rules are published. For more on the people the new definition names, see our glossary of kinnar, hijra and transgender terms. For the earlier law, see our analysis of the 2019 Act, and visit the community and rights topic page for more.
Quick guide: what to do if you need a certificate
- If you want to apply: ask your District Magistrate's office which forms and which medical board apply in your district.
- If you already hold a certificate or TG card: keep copies, and follow Supreme Court updates on existing cards.
- If you are a family member or employer: do not assume what the law now requires. Check the Gazette and the rules.
- If you need legal help: speak to a lawyer or a legal aid service. This page is not legal advice.
Common questions
What is the transgender persons amendment bill 2026?
It is a Bill that amends the 2019 transgender rights law. It was introduced on 13 March 2026, passed by Parliament on 24 and 25 March and given assent on 30 March, according to the reports we checked.
Does the 2026 law end self-perceived identity for transgender people?
The amendment deletes the 2019 right to a self-perceived gender identity and requires a medical board recommendation for a certificate. Petitioners say this goes against the 2014 NALSA ruling.
Is the Supreme Court hearing a challenge to the Act?
Yes. Petitions were filed from April 2026, the court issued notice on 4 May, and the final hearing was listed for 17 August 2026. We found no report of the outcome.
Which groups does the new definition include?
According to PRS, it includes kinner, hijra, aravani, jogta, certain intersex variations, eunuchs and persons forced into a transgender identity. Trans men, trans women and genderqueer persons are no longer named.
Sources
- PRS Legislative Research: The Transgender Persons (Protection of Rights) Amendment Bill, 2026
- The News Minute: Rajya Sabha passes Transgender Persons Amendment Bill
- Onmanorama: Parliament passes transgender bill, 25 March 2026
- Maktoob Media: Controversial transgender rights amendment bill gets presidential nod
- Supreme Court Observer: Challenge to the Transgender Persons Amendment Act, 2026
- The Tribune: SC to take up petitions against Transgender Persons Amendment Act on August 17
- iPleaders: Transgender Persons Amendment Act 2026, a legal analysis
Last checked on 24 October 2026. Spotted a mistake? Tell us through our contact page.