On 22 May 2026, the Ministry of Social Justice and Empowerment appointed the date 25 May 2026 on which the provisions of the Transgender Persons (Protection of Rights) Amendment Act, 2026 came into force.
The amendment Act amends the following provisions of the Transgender Persons (Protection of Rights) Act, 2019:
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The definition of “appropriate Government” and “transgender person” has been revised.
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The definition of “authority” has been introduced, and the definition of “person with intersex variations” has been removed.
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The provision relating to “Recognition of identity of transgender person” has been revised and the following provision has been removed:
“(2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identity.”.
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The provision relating to “Issue of certificate of identity” has been revised and a new provision has been introduced as:
A person who gets a certificate of identity as a transgender person under this Act has the right to change their first name on their birth certificate and all other official identity documents.
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The provision relating to “Change in gender” has been revised and a new provision has also been inserted as:
A hospital where a person has undergone gender change surgery must provide that person’s details to the District Magistrate and the relevant authority in the required form and manner.
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The provision relating to “National Council for Transgender Persons” has also been revised as follows:
One representative each from the North, South, East, West, and North-East regions, nominated by the Central Government, from State Governments and Union Territories, at least of Director rank, will serve as members by rotation.
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The provision relating to “Offences and Penalties” has been completely revised as follows:
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The law punishes the following acts against transgender persons:
✓ Forcing a transgender person into bonded or forced labour- 6 months to 2 years imprisonment + fine;
✓ Stopping a transgender person from accessing public places- 6 months to 2 years + fine;
✓ Forcing a transgender person to leave their home or place of residence- 6 months to 2 years + fine;
✓ ausing harm (physical, mental, emotional, sexual, verbal, or economic abuse)- 6 months to 2 years + fine.
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Serious Offences:
✓ Kidnapping an adult and forcibly making them adopt a transgender identity (through harm or surgery)- Minimum 10 years to life imprisonment + at least Rs. 2 lakh fine;
✓ Doing the same to a child- Life imprisonment + at least Rs. 5 lakh fine.
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Forcing identity and exploiting:
✓ Forcing any person to present as transgender and making them beg or do forced labour- 5 to 10 years imprisonment + at least Rs. 1 lakh fine;
✓ Doing the same to a child- 10 to 14 years imprisonment + at least Rs. 3 lakh fine.
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Provision relating to “Power of appropriate Government to make rules” has also been revised.
Read more:
[Transgender Persons Amendment Act 2026: Key Changes, Rights & Penalties Explained, dt. 22 May 2026]
