NEW DELHI: The Lok Sabha on Tuesday passed a bill to amend a law on protection and rights of transgender persons, even as opposition members raised concerns that the proposed legislation excludes social orientations from the ambit of the statute.
Responding to the debate on the Transgender Persons (Protection of Rights) Amendment Bill, 2026, Social Justice and Empowerment Minister Virendra Kumar said the proposed legislation aims to provide protection to only those who face boycott due to biological issues.
He asserted that the amendment will ensure that transgender persons continue to get legal recognition and protection.
Kumar said while the 2019 law had a provision for a maximum of two years of imprisonment, the amendment bill provides for a maximum of 14 years in jail with a penalty.
Before the passage of the bill, the House also rejected amendments moved by opposition members by a voice vote.
While the government said the objective is to provide protection to such persons, the opposition slammed the proposed legislation for taking away the right to self-determination of identity, such as gay and lesbian individuals, and demanded that it be sent to a standing committee for proper consultations.
The bill seeks to give a precise definition of the term "transgender" and exclude "different sexual orientations and self-perceived sexual identities" from the ambit of the proposed law, which was introduced in the Lok Sabha earlier this month.
It underlines that a transgender person "shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities."
"The intent, object and purpose of the Act is and was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature.
"The purpose was and is not to protect each and every class of persons with various gender identities, self- perceived sex/gender identities or gender fluidities," the bill says.
The bill notes that it is imperative to give a precise definition for proper and definitive identification and protection of transgender persons, to whom the benefits of the present law must reach.
The bill also contains provisions for "designation of an authority" which will have the option to seek "expert advice" if required.
A new clause defines "authority" as a medical board headed by a chief medical officer or a deputy chief medical officer appointed by the central government, state government or a Union territory administration.
The bill notes that over the course of time, during the implementation of transgender protection law, "certain doubts and difficulties have arisen and are likely to arise" regarding the "expanse of the definition" of transpersons.
It inserts a new sub-clause to define a transperson as one having socio-cultural identities as 'kinner', 'hijra', 'aravani' and 'jogta', or eunuch, or a person with intersex variations or a person who, at birth, has a congenital variation in one or more sex characteristics as compared to male or female.
The bill proposes to create specific offences with graded punishments that reflect the gravity of the harm, the irreversibility of the injury, and the particular vulnerability of child victims.