A petition has been filed in the Supreme Court challenging the constitutionality of the Transgender Persons (Protection of Rights) Amendment Act, 2026. The amendment was recently passed by Parliament and received the assent of President Draupadi Murma, taking away the right to self-determination of gender.
The amendment to the law provides for graduated punishment for bodily harm to transgender persons.
A Law Ministry notification dated March 30 said that the Transgender Persons (Protection of Rights) Amendment Act, 2026 would come into force on a date fixed by the central government.
While debating the amendment, the Union government said the amended law aims to protect transgender people.
However, the opposition criticized the government, arguing that the legislation took away the right to self-determination of gay and lesbian identities; stated that the legislation excludes gays and lesbians.
The opposition also demanded that the amendments be sent to a standing committee for consultation.
The bill seeks to provide a precise definition of the term “transgender” and exclude “different sexual orientations and self-perceived sexual identities” from the scope of the proposed law.
It emphasizes that a transgender person “does not include, nor will it ever include, persons with a different sexual orientation and self-identified sexual identity.”
“The intent, object and purpose of the act is and was to protect a specific group of persons socially and culturally known as transgender persons who face societal discrimination of an extreme and oppressive nature. The purpose is and is not to protect every class of persons with different gender identity, self-perceived sexual/gender identity or gender fluidity,” the bill states.
More details will be updated
