president Droupadi Murmu on Tuesday approved the Transgender Persons (Protection of Rights) Amendment Act, 2026, a measure that Amnesty International says limits the ability of transgender and gender diverse people to self-identify. Aakar PatelChairman of the Board of Directors of Amnesty International India, criticized the law and said: “This regressive law dilutes protections and increases state interference in the lives of transgender people.”
The Transgender Persons (Protection of Rights) Amendment Act, 2026, was approved by voice vote in both chambers of Parliament on March 25, completing the legislative approval process. Opposition leaders raised concerns about the fast-track process and urged the bill to be referred to a standing committee for broader consultation with stakeholders. Under the amended framework, transgender people must undergo a series of official verification procedures before their gender identity can be legally recognized by authorities.
The amendment introduces a narrower definition of “Transgender“, limiting recognition to certain socio-cultural categories and biological variations. It also eliminates a separate definition of intersex persons and places them in the broader transgender category. In addition, the law imposes criminal penalties if a person or child is “coerced,” “coerced,” or “seduced” to identify as transgender, with penalties ranging up to life in prison.
Legal observer Note that the amendment departs from the principles articulated by the Supreme Court NALSA v. Union of India of 2014, in which the court recognized gender identity as a matter of personal autonomy and affirmed the right to self-identification without mandatory medical intervention. The new framework replaced The court’s recognition of self-identification with a system that requires certification by a medical board and subsequent recognition by a district judge raises concerns among those involved criticism about increased state supervision and possible disagreements with the Office for the Protection of the Constitution and International human rights Standards.
The law was passed despite objections from a Committee of Experts Appointed by the Supreme Court on transgender rights, which recommended withdrawing the bill and conducting further consultations with affected communities. The committee expressly asked called on the government to withdraw the bill and engage in meaningful consultations with transgender communities. However, the government continued with the legislation.
Meanwhile, the High Court of Rajasthan warned that legislative changes cannot dilute constitutional guarantees, particularly those recognized in previous Supreme Court rulings, indicating the possibility of future legal challenges to the change.
