3 min readNew DelhiUpdated: Mar 31, 2026 04:11 PM IST
The transgender law, which received Presidential assent on Monday, will come into force on a date to be notified by the Centre. (Image enhanced using AI)
The law will come into force on a date to be notified by the Centre.
The notification read, “(1) This Act may be called the Transgender Persons (Protection of Rights) Amendment Act, 2026. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.”
At the heart of the amendment is a significant overhaul of Section 2 of the parent Act, which defines crucial terms.
The amendment broadens the meaning of “appropriate government” to clearly delineate responsibilities across the Centre, states, and union territories.
It also introduces a new definition of “authority,” identifying it as a medical board headed by a chief medical officer or deputy chief medical officer, to be constituted by the respective governments.
The transgender law excludes persons with “different sexual orientations and self-perceived sexual identities” from this definition. (Image enhanced using AI)
Definition of transgender person revised
It now explicitly includes socio-cultural identities such as kinner, hijra, aravani, jogta, and eunuch, as well as persons with intersex variations arising from congenital differences in sexual characteristics, chromosomes, hormones, or gonadal development.
Story continues below this ad
At the same time, the law excludes persons with “different sexual orientations and self-perceived sexual identities” from this definition.
The bill has been facing opposition from various quarters including the people from the transgender community.
Unfortunate that President Murmu has given her assent to the Transgender Persons (Protection of Rights) Amendment Bill 2026.
The Act is now one of the most regressive pieces of legislation on transgender rights in the world. To see India reverse decades of progress is shameful.
The amendments mark a shift towards a more medically anchored and administratively structured recognition framework, while also raising questions about the scope of identity and inclusion under the law.
The high court also said that “selfhood is not a matter of concession”, but a “matter of right” and urged the state to be mindful that “statutory developments cannot be implemented in a manner that dilutes constitutional guarantees”.
A bench of Justices Arun Monga and Yogendra Kumar Purohit was hearing a writ petition by a trans woman, Ganga Kumari, challenging the state’s January 12, 2023, notification that placed transgender persons in the OBC category without granting effective reservation, seeking its quashing and directions for horizontal reservation in line with the NALSA vs Union of India (2014) judgment.
“It is now proposed that legal recognition of gender identity shall be conditioned upon certification, scrutiny, or other forms of administrative endorsement. What was recognised by the Supreme Court as an inviolable aspect of personhood now risks being reduced to a contingent, State-mediated entitlement,” the court said on Monday.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters.
Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights.
Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
The transgender law excludes persons with “different sexual orientations and self-perceived sexual identities” from this definition. (Image enhanced using AI)
