NEW DELHI: Parliament on Wednesday passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, with the Rajya Sabha approving the legislation a day after it was cleared by the Lok Sabha, triggering protests from Opposition members.
The amendment to the 2019 law seeks to exclude different sexual orientations and self-perceived sexual identities from its ambit, while introducing graded punishments based on the severity of harm inflicted on transgender persons.
The Bill was passed in the Upper House by voice vote, with all Opposition amendments rejected and demands for scrutiny by a select committee turned down.
Replying to the debate, Social Justice and Empowerment Minister Virendra Kumar defended the legislation, calling it an attempt to take along all segments of society.
He said the amendment focuses on protecting those who face discrimination due to biological factors.
“The Bill aims to ensure that transgender persons continue to receive legal recognition and protection,” Kumar said.
“We are committed to safeguarding those affected due to biological reasons and integrating them into mainstream society so that they do not live in isolation or distress.”
He added that transgender welfare boards have already been established in more than 30 states and that the amendment would bring administrative clarity while strengthening protections.
However, Opposition leaders across parties condemned the Bill as exclusionary and regressive, arguing that it dilutes the spirit of the original law.
Rajya Sabha MP Swati Maliwal raised concerns over a provision criminalising the act of 'alluring' someone into presenting as transgender.
“It is risky because it may target families, doctors and support systems of the transgender community,” she said.
“Instead of protection, we may create outright fear… dignity delayed is dignity denied.” Echoing similar concerns, John Brittas termed the Bill a black day and a tragic step backwards.
He argued that the legislation runs contrary to global trends of inclusion.
“At this juncture, we are going a century backwards with exclusionary restrictive measures,” he said, warning that provisions could lead to forced medical intervention by undermining self-identification.
Veteran actor and MP Jaya Bachchan questioned the urgency of the Bill, urging the government to allow deeper examination.
“Why can’t it be examined with the depth and care it deserves?” she asked, suggesting it be reconsidered in the Monsoon session after wider consultations.
Other MPs, including Priyanka Chaturvedi and Fauzia Khan, called the Bill inhumane and stressed the constitutional obligation to protect transgender persons from discrimination, violence and indignity.
On the other hand, BJP MP Bhim Singh defended the Bill and accused Opposition parties of hypocrisy.
He alleged they had failed to take meaningful action for transgender rights while in power and were now shedding crocodile tears. Despite the uproar, the government held its ground, pushing the Bill through without referral to a parliamentary panel.
With its passage, the amendment now sets the stage for a significant shift in how transgender rights are defined and protected under Indian law, one that is likely to face continued political and social scrutiny in the months ahead.
