The Glaring Statistics
The total population of transgender according to the 2011 census was 4.8 lakh; whereas only 30,000 were registered with Election Commission. Estimates suggest that there are 50-60 lakh transgenders in India but most keep it a secret to avoid discrimination.
- 96% of transgenders have been denied jobs
- 60% have never attended schools
- 99% have suffered social rejection on more than one occasion.
Key Highlights
The Transgender Persons (Protection of Rights) Amendment Bill, 2026 was introduced in Lok Sabha on March 13, 2026. The Bill seeks to amend the Transgender Persons (Protection of Rights) Act, 2019. The Act provides for rights of transgender persons and their welfare.
This Act applies to all individuals, employers, and establishments both in the public and private sectors that engage or interact with transgender persons. It mandates that such entities ensure non-discrimination, provide equal opportunities, and create an inclusive environment by promoting awareness of the rights and responsibilities relating to transgender persons.
Definition
"Transgender person" includes:
- A person having such socio-cultural identities as kinner, hijra, aravani and jogta, or eunuch, or a person with intersex variations specified below or a person who, at birth, has a congenital variation in one or more of the following sex characteristics as compared to male or female development:
- primary sexual characteristics;
- external genitalia;
- chromosomal patterns;
- gonadal development;
- endogenous hormone production or response, or such other medical conditions; or
- Any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise
Certification and Recognition
- Under the Act, a transgender person may apply to the District Magistrate for issuing a certificate of identity as a transgender person. The Bill adds that the District Magistrate will issue the certificate after examining the recommendation of a designated medical board.
- The board will be headed by a Chief Medical Officer or a Deputy Chief Medical Officer. The District Magistrate may take assistance of other medical experts. The Bill adds that that transgender persons will be entitled to change the first name in the birth certificate and other official documents based on the certificate of identity.
- A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female
Prohibition against discrimination
The Act prohibits denial, discontinuation or unfair treatment of transgender person by any person or establishment on any of the following grounds:
- In educational establishments and services
- In relation to employment or occupation
- In healthcare services
- With regards to access to, or enjoyment of goods, facilities, opportunities available to the public
- With regard to the right to movement
- With regard to right to reside, rent, purchase or otherwise occupy any property
- In opportunity to hold public or private office
- In access to government / private establishment in whose care or custody a transgender person maybe
Offences and Penalties
Following actions will attract penal provisions:
- No one can compel a transgender to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government.
- Denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use
- Forces or causes a transgender person to leave household, village or other place of residence
- Harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
Penalties for aforesaid offences includes an imprisonment for a term of not less than 6 months and a maximum of 2 years along with a fine.
- The Bill further adds certain offences:
- Kidnapping and causing grievous hurt or severe injury in order to force a person to assume a transgender identity will carry:
- imprisonment between ten years and life and a minimum fine of two lakh rupees if the victim is an adult, and
- imprisonment for life and a fine of at least five lakh rupees if the victim is a child.
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- Forcing a person to present as a transgender person and engage in begging, servitude or bonded labour will be punishable with:
- imprisonment between five and ten years and a fine of at least one lakh rupees, if the victim is an adult, and
- imprisonment between 10 and 14 years and a fine of at least three lakh rupees if the victim is a child.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.