Parliament Passes Amendment to Transgender Rights Act

Rajya Sabha clears changes to Transgender Persons (Protection of Rights) Act, 2019, excludes sexual orientation from law’s ambit

Parliament Passes Amendment to Transgender Rights Act
A member of the LGBTQIA+ community holds a placard during a protest against the passage of the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in the Lok Sabha, at Azad Maidan, in Mumbai. Photo: PTI/Shashank Parade
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Summary

Summary of this article

  • Rajya Sabha passed the amendment bill by voice vote after it was cleared by Lok Sabha a day earlier.

  • Social Justice Minister Virendra Kumar said the law will protect those facing discrimination due to biological factors and ensure legal recognition for transgender persons.

  • Opposition leaders including Swati Maliwal raised concerns over vague provisions and demanded the bill be sent to a select committee for wider consultation.

Parliament on Wednesday passed a bill to amend a law on the protection and rights of transgender persons that proposes excluding social orientations from the ambit of the statute, with the Rajya Sabha giving its nod.

The Transgender Persons (Protection of Rights) Amendment Act 2019 is being amended by the bill, which also calls for graded punishment according to the seriousness of the harm done to such individuals. On Tuesday, the Lok Sabha approved the bill.

In response to the Upper House debate on the Transgender Persons (Protection of Rights) Amendment Bill, 2026, Social Justice and Empowerment Minister Virendra Kumar stated that the proposed legislation is an attempt to unite all facets of society.

He said that the bill aims to provide protection to only those who face discrimination due to biological causes. According to the minister, the legislation will guarantee transgender people's continued legal protection and recognition.

He added that their rights will be upheld and that the Modi administration is dedicated to supporting everyone who suffers for biological reasons.

According to the minister, these people ought to be included in society to prevent them from living in despair.

Transgender welfare boards have been established in more than 30 states, the minister added, highlighting the government's efforts for the community's well-being. This bill will safeguard transgender people's rights and provide administrative certainty.

The Rajya Sabha rejected the Opposition's amendments before passing the measure by voice vote. The opposition's requests to refer the bill to a select committee were rejected by the House.

The bill aims to define "transgender" precisely and exclude "different sexual orientations and self-perceived sexual identities" from the scope of the proposed legislation. Earlier this month, it was introduced in the Lok Sabha.

Gender inequality for transgender people needs to be addressed immediately, according to AAP MP Swati Maliwal.

She noted that the provision in the bill criminalising alluring someone to present as transgender is vague and risky.

It is risky because it may target families, doctors and the support system of the transgender community.

"Instead of protection, we may create outright fear. Today, we must stand up with those pushed to the margins for centuries. We must send this bill to the select committee and hold larger consultations because dignity delayed is dignity denied," she said.

JMM MP Mahua Maji said that these persons are not getting equal rights.

If they get the opportunity, then they are not less able than anyone, she stressed. Amar Pal Maurya (BJP) also participated in the debate on the bill. 

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