The Transgender Persons (Protection of Rights) Amendment Bill, 2026, was introduced in the Lok Sabha to clearly define ‘transgender’, create graded penalties for offences, and ensure proper identification, stronger protection, and fair access to legal rights for intended beneficiaries.
A bill aimed at clearly defining the term “transgender” and establishing graduated punishments based on the severity of harm inflicted on individuals in this community was presented in the Lok Sabha.
The Transgender Persons (Protection of Rights) Amendment Bill, introduced by Social Justice and Empowerment Minister Virendra Kumar, emphasizes the need for a clear definition to ensure proper identification and protection of transgender individuals, ensuring that the benefits of current legislation reach those intended.
Given the extensive nature of protections and benefits offered under existing laws, it is essential to ensure that “such identification cannot be extended based on any acquirable characteristics or personal choice or claimed self-perceived identity of an individual.”
The bill also includes provisions for the “designation of an authority” that can seek “expert advice” when necessary.
Additionally, the draft legislation aims to empower transgender persons to make necessary changes to their official documents.
Who Are Transgender Persons?
A transgender person is an individual whose gender identity or expression differs from the sex assigned at birth. This includes:
- Transgender men and transgender women
- Intersex persons
- Genderqueer individuals
- Male-to-female (MTF) and female-to-male (FTM) persons
- Cross-dressers and transsexual persons
Transgender identity is not limited to anatomical differences. It encompasses psychological, emotional, and social aspects of gender identity. Many transgender individuals express their gender through clothing, behavior, or mannerisms that do not conform to traditional male-female binaries.
Recognition of Transgender Persons as the Third Gender
The landmark judgment in National Legal Services Authority v. Union of India (2014) revolutionised transgender rights in India.
Highlights of the NALSA Judgment:
- Transgender persons are legally recognised as a third gender
- Gender identity is based on self-determination, not medical procedures
- Fundamental rights under Articles 14, 15, 16, 19, and 21 apply equally
- Governments must treat transgender persons as socially and economically backward classes
- Directions issued for reservations in education and employment
Constitutional Rights of Transgender Persons in India
The Constitution of India guarantees several fundamental rights that equally apply to transgender persons.
Article 14 of the Constitution ensures equality before the law and equal protection of laws to all persons, and the term “any person” has been judicially interpreted to include transgender individuals within its scope.
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, and the Supreme Court has clarified that discrimination based on sex includes discrimination arising from gender identity.
Article 16 further strengthens this protection by guaranteeing equality of opportunity in matters of public employment, thereby affirming that transgender persons cannot be denied employment or promotion solely based on their gender identity.
Article 19(1)(a) protects the freedom of speech and expression, which extends to a transgender person’s right to express their gender identity through dress, appearance, behavior, and mannerisms, subject only to reasonable restrictions under Article 19(2).
Most importantly, Article 21 guarantees the right to life and personal liberty, which the Supreme Court has interpreted to include the right to dignity, privacy, autonomy, and self-identification of gender, making the recognition of transgender identity an essential component of a dignified human existence.
Decriminalisation of Section 377: Navtej Singh Johar Case
In Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalised consensual same-sex relations by striking down Section 377 of the IPC.
The Court held that:
- Sexual orientation is an inherent part of identity
- Criminalisation violated Articles 14, 15, 19, and 21
- Discrimination based on sexual orientation is unconstitutional
This judgment crucially strengthened the human rights framework for LGBTQ+ and transgender persons in India.
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