India passes Transgender Persons Amendment Bill, 2026

The Indian Parliament has passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, following approval from the Rajya Sabha. The legislation seeks to redefine the transgender category by moving away from self-perceived gender identity toward a biological framework based on intersex variations and sexual development differences. The bill also excludes certain socio-cultural identities and transmasculine individuals from its scope.

During parliamentary debates, Social Justice and Empowerment Minister Dr. Virendra Kumar defended the bill, stating it aims to empower the community and provide dignity. Conversely, opposition members, including Congress MP Renuka Chowdhury, argued the bill undermines constitutional privacy and the right to self-identification established by the 2014 NALSA judgment.

In response to legal challenges regarding the amendment, the Central government assured the Supreme Court that transgender identity cards issued under the previous 2019 law will remain valid. The Court is currently examining pleas concerning the constitutional validity of the 2026 amendment, specifically addressing cases where individuals allege their existing identity documents were improperly cancelled, replaced with erroneous data, or lacked proper authentication following the new law.