Central Government issues the Transgender Persons (Protection of Rights) Amendment Act, 2026; modifies the definition of “transgender person” and incorporates additional penalties

The Central Government has issued the Transgender Persons (Protection of Rights) Amendment Act, 2026 (“Amendment Act”) to further amend the Transgender Persons (Protection of Rights) Act, 2019 (“Principal Act”). The Amendment Act has modified the definition of “transgender person” and has further incorporated additional penalties under the Principal Act. The Amendment Act will gain effect on such date as the Central Government may appoint, by virtue of a notification in the Official Gazette.

Key Highlights:

1. Changes in Definition Clause:
   • The definition of “appropriate government” now includes the Administrator appointed under article 239 of the Constitution or such authority as may be specified by the Central Government, in respect of a Union territory or any establishment which is wholly or substantially financed by the Central Government in that Union territory.
   • Definition pertaining to “person with intersex variations” has been omitted.
   • The definition of “transgender person” has been modified. A transgender person includes individuals identified as kinner, hijra, aravani, jogta, eunuch, or those with intersex variations or congenital variations, involving differences in sexual characteristics, external genitalia, chromosomal patterns, gonadal development, endogenous hormone production or response, or such other medical conditions. Such person also includes any person compelled by force, inducement, or undue influence to adopt a transgender identity through physical, surgical, chemical, or hormonal means. However, it excludes persons defined solely by sexual orientation or self-perceived sexual identity.
2. Additional penalties have been introduced under the Principal Act, which are as follows:
   • Penalty pertaining to kidnapping or abduction of any adult person with the intent of compelling such person to assume, adopt, or outwardly present a transgender identity against the will or consent of such person: Imprisonment of 10 years and fine of Rs. 2 Lakhs.
   • Penalty pertaining to kidnapping or abduction of any child with the intent of compelling such person to assume, adopt, or outwardly present a transgender identity against the will or consent of such person: Imprisonment for life and fine of Rs. 5 Lakhs.
   • Whoever compels any person, irrespective of whether such person is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person against the will of such person; and employs, uses, or causes such person to engage in begging, solicitation, servitude, or any other form of forced or bonded labour: Imprisonment of 5 to 10 years and fine of Rs. 1 Lakh.
   • Whoever compels any child, irrespective of whether such child is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person; and employs, uses, or causes such child to engage in begging, solicitation, servitude, or any other form of forced or bonded labour: Imprisonment of 10 to 14 years and fine of Rs. 3 Lakh.

Source: Ministry of Law and Justice