Amended bill on rights of transgender persons gets Presidential assent
Opposition MPs had slammed the Transgender Persons Amendment Bill for excluding gays and lesbians from its ambit.
PTI
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The amended law will take effect on a date set by the Centre through an official gazette notification (PTI)
New Delhi, 1 April
An amendment bill that provides graded punishment for bodily harm to transgender persons has received the assent of President Draupadi Murmu.
Opposition
MPs had slammed the Transgender Persons (Protection of Rights) Amendment Bill,
2026, for excluding gays and lesbians from its ambit.
An
authority has been established to determine whether a person is transgender, a
provision that also faced backlash from the opposition.
According
to a law ministry notification dated 30 March, the amended law will come into
effect on a date appointed by the Central Government through a notification in
the official gazette.
During
debates in both Houses of Parliament, while the government said the objective
is to protect transgender persons, the opposition slammed the proposed
legislation for taking away the right to self determination of identity, such
as gay and lesbian individuals, and demanded that it be sent to a standing
committee for proper consultations.
The bill
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. It underlines that a
transgender person "shall not include, nor shall ever have been so
included, persons with different sexual orientations and self-perceived sexual
identities."
"The
intent, object and purpose of the act is and was to protect a specified class
of persons socially and culturally known as transgender people who face
societal discrimination of an extreme and oppressive nature. The purpose was
and is not to protect each and every class of persons with various gender
identities, self-perceived sex/gender identities or gender fluidities,"
the bill says.
Last week,
the Parliament passed a bill to amend a law on the protection and rights of
transgender persons.
Replying
to the debate on the Transgender Persons (Protection of Rights) Amendment Bill,
2026, in the Upper House, Social Justice and Empowerment Minister Virendra
Kumar said the proposed legislation aims to unite all segments of society.
He
emphasised that the bill focuses on providing protection only to those who face
discrimination due to biological factors and asserted that the amendment will
ensure that transgender persons continue to receive legal recognition and
protection.
The
minister expressed the government's commitment to protect individuals suffering
due to biological reasons, assuring that their rights will be safeguarded. He
advocated for the inclusion of these persons in mainstream society to prevent
them from living in despair.
Highlighting
the government's efforts for the welfare of the community, the minister noted
that transgender welfare boards have been established in over 30 states. He
indicated that this bill would bring administrative clarity and protect the
rights of transgender individuals.
The
minister stated that the legislation aims to end discrimination against
transgender persons, describing it as a clear commitment from the Modi
government, which believes in 'Sabka Saath Sabka Vikas'.
The bill
passed in the Rajya Sabha via a voice vote, rejecting amendments suggested by
the opposition. The House did not support calls from the opposition to send the
bill to a select committee.
Several
members participated in the debate, including Amar Pal Maurya (BJP), Renuka
Chowdhury (Congress), Fauziya Khan (NCP-SP), Manoj Kumar Jha (RJD), Saket
Gokhale (TMC) and Tiruchi Siva (DMK). Some members pressed for sending the bill
to the select committee.
AAP MP
Swati Maliwal remarked that gender inequality for transgender persons must be
urgently addressed. She raised concerns regarding a provision in the bill that
criminalises alluring someone to present as transgender, calling it vague and
potentially harmful, as it could target families, doctors, and the support
systems of the transgender community.
"Instead
of protection, we may create outright fear. Today, we must stand up with those
pushed to the margins for centuries. We must send this bill to the select
committee and hold larger consultations because dignity delayed is dignity
denied," she said.
CPI (M) MP
John Brittas also urged the government to refer the bill to a select or
standing committee.
SP MP Jaya
Bachchan requested that the bill be withdrawn and reintroduced after
consideration in the Monsoon session for further discussion.
Opposing
the bill, IUML's Abdul Wahab called for the government to submit the bill for
deliberation to a select committee.
NCP-SCP
leader Fauzia Khan and SS-UBT's Rajya Sabha member Priyanka Chaturvedi
similarly pressed for the bill to be sent to a select committee.
DMK MP
Tiruchi Siva demanded consultation from stakeholders, legal experts, civil
society, transgender community, as well as a review by the select committee.
RJD MP
Manoj Kumar Jha urged the government not to amend the self-identification norm
in the existing law, as it will further burden the already overburdened
bureaucracy, besides posing other challenges.
Golla Babu Rao from the YSR Congress Party and Subhasish Khuntia from the Biju Janata Dal (BJD) seconded with the other opposition members and demanded that the bill be sent to a parliamentary committee for stakeholders' consultation.
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