Bill to provide precise definition of ‘transgender’ introduced in Lok Sabha

A bill seeking to provide a precise definition of the term “transgender” and provide graded punishments that reflect the gravity of the harm inflicted upon such persons was introduced in the Lok Sabha on Friday (March 13, 2026).

The Transgender Persons (Protection of Rights) Amendment Bill was introduced by Social Justice and Empowerment Minister Virendra Kumar.

It notes that it is imperative to give a precise definition for proper and definitive identification and protection of transgender persons, to whom the benefits of the present law must reach.

In amendments to the Transgender Persons (Protection of Rights) Act, 2019, the government has proposed to do away with the principle that recognises transgender people’s right to a “self-perceived gender identity”, and has introduced a definition of “transgender persons” that restricts it to people who have “socio-cultural identities as kinner, hijra, aravani, and jogta” and people who have physiological markers or “congenital variations” in sex characteristics.

The Amendment Bill notes that the “existing vague definition” for transgender persons had created many implementation hurdles. It added the purpose of the Bill was never to protect all persons “with various gender identities, self perceived sex/gender identities or gender fluidities”.

The protection and benefits that are provided under the present law are vast in nature, and therefore, care has to be taken 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 contains provisions for “designation of an authority” which will have the option to seek “expert advice” if required.

The draft law also seeks to empower transgender persons to make consequential changes in official documents.

(With PTI inputs)