Source: IE
Context:
The Union Government has introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in the Lok Sabha to amend the Transgender Persons (Protection of Rights) Act, 2019.
The move comes over a decade after the landmark NALSA v. Union of India (2014) judgment, which recognized self-determination of gender identity as a fundamental right.
What is the “Right to Self-Perceived Gender Identity”?
- It means individuals can identify their gender (male, female, or transgender) based on their own perception.
- Recognized as part of personal liberty under Article 21.
- The Supreme Court held that no medical procedures (like SRS) should be mandatory for legal recognition.
Key Changes Proposed in the Bill
1. Removal of Self-Identification Right
- The Bill proposes to delete Section 4(2) of the 2019 Act.
- This effectively removes the legal right to self-perceived gender identity.
2. Redefinition of “Transgender Person”
- New definition focuses on:
- Socio-cultural identities (hijra, kinner, aravani, etc.)
- Intersex variations and congenital biological conditions
- Excludes:
- Persons based purely on self-perceived gender identity
- Those with different sexual orientations
3. Introduction of Medical Authority
- A new “authority” (medical board led by Chief Medical Officer) will:
- Verify identity
- Recommend certification
4. Changes in Gender Certification Process
- Earlier:
- Based on self-declaration affidavit (no medical test required)
- Now:
- District Magistrate will issue certificate after medical board recommendation
- Additional expert consultation possible
5. Mandatory SRS-Based Certification
- Individuals undergoing Sex Reassignment Surgery (SRS) must:
- Apply for revised gender certificate
- Medical institutions must report SRS details to authorities
6. Documentation Rights
- Allows change of name in official documents, but only if:
- Person qualifies under the revised definition
