New Delhi: In a major departure from the existing law, the Transgender Persons (Protection of Rights) Amendment Bill 2026, introduced in the Lok Sabha on Friday, proposes to remove the clause that allows “self-perceived gender identity” to be the basis for approval of transgender certificate by a district magistrate.Explaining the objects and reasons of the bill introduced by Social Justice and Empowerment Minister Virendra Kumar, the existing vague definition of the term “transgender person” not only makes it impossible to identify the actual oppressed persons to whom the benefits of the Act are intended to reach.It outlines that a transgender person “does not, and never will, include individuals with diverse sexual orientations and self-perceived sexual identities”.It said, “The protections and benefits provided under the Act are comprehensive in nature, and, therefore, care has to be taken that such identity cannot be extended to an individual on the basis of acquired characteristics or personal choice or claimed self-perceived identity.”The government has justified the proposed changes. The statement of objects of the bill said, “The purpose of the Act was to protect a specified class of persons, socially and culturally known as transgender people, who face social discrimination of an excessive and oppressive nature.” It states, “The purpose was not and is not to protect every category of individuals with different gender identities, self-perceived genders, gender identities or gender fluidity.”The Bill also proposes to create specific offenses with graded penalties that reflect the seriousness of the harm, the irreversibility of the injury and the particular vulnerability of child victims.The Bill introduces a medical board headed by the Chief Medical Officer, and if passed in the present form, the District Magistrate will issue a certificate of transgender identity, after examining the recommendation of the medical board, cited as an “authority” constituted by the Central or State governments.As of now a person applies for a transgender certificate on the portal of the ministry and the application where the transgender person gives an affidavit of his/her self-identity is taken up by the District Magistrate for approval for verification and authentication of documents. Since the 2019 law was enacted and implemented in 2020 after the rules came out in September, around 32448 certificates have been issued as per the latest data on the national portal for transgender persons.The Bill defines a trans person as a person whose socio-cultural identity is ‘Kinnar’, ‘Hijra’, ‘Aravani’ and ‘Jogta’, or Hijra, or a person with intersex variation or a person who has a congenital variation in one or more of the sex characteristics at birth, as compared to male or female development: – Primary sex characteristics; External genitalia, chromosome patterns, gonadal development Endogenous hormone production or response.““Further, any person or child who has been forced, by force, inducement, enticement, deception or undue influence, either with or without consent, to undergo mutilation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise to assume, adopt, or outwardly present a transgender identity, shall be included in the definition.The bill states that the existing law also prohibits discrimination and abuse against transgender persons but its penal provisions only address common wrongs and criminal offenses and provide for a maximum imprisonment of two years. The proposed amendments make room for stricter punishments and penalties.For example, there is a provision of imprisonment ranging from six months to two years for offenses ranging from forcing a transgender person to engage in forced or bonded labour, depriving them of the right to visit a public place, or forcing a transgender person to leave their home or village. Similar punishment has been prescribed for cases of physical, sexual, verbal, emotional and economic abuse of a trans person.If a trans person is abducted and subjected to mutilation, castration or any surgical, chemical or hormonal procedure; or causing permanent or grievous hurt with intent to compel the person to adopt or outwardly present a transgender identity against his or her will, an offense punishable with imprisonment for a term ranging from 10 years to life. Apart from this, a fine of at least Rs 2 lakh will be imposed. The punishment for a similar offense involving a child would be life imprisonment and a fine of Rs 5 lakh.If anyone, by force or threat, compels any person, whether or not the person is a transgender person, to dress, present or outwardly conduct as a transgender person against the will of such person and makes them engage in begging or forced labour, the punishment will be between 5 to 10 years. In the case of a child, the punishment can be from 10 to 14 years.