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Parliament Passes Transgender Rights Amendment Bill, 2026; Removes Self-Perceived Gender Identity from Definition

Parliament Passes Transgender Rights Amendment Bill, 2026; Removes Self-Perceived Gender Identity from Definition

Parliament has passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, with the Rajya Sabha approving the legislation by voice vote a day after it was cleared by the Lok Sabha. A motion moved by DMK MP Thiruchi Siva to refer the Bill to a select committee was rejected.

The Bill introduces significant changes to the existing framework under the Transgender Persons (Protection of Rights) Act, 2019, most notably by removing the concept of self-perceived gender identity from the statutory definition of a “transgender person.” The earlier definition, which recognised individuals whose gender identity did not align with their gender assigned at birth including trans men, trans women, intersex persons, and genderqueer identities—has been replaced with a narrower formulation.

Under the amended definition, recognition is limited primarily to persons with specified socio-cultural identities such as kinner, hijra, aravani and jogta, as well as individuals with intersex variations or congenital differences in biological sex characteristics. It also controversially includes persons allegedly compelled into adopting a transgender identity through force, inducement, or coercion. The revised provision expressly excludes persons with “self-perceived gender identities” and those with different sexual orientations.