Lok Sabha passes transgender amendment bill; opposition alleges exclusion of gays, lesbians

New Delhi: The Lok Sabha on Tuesday passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, amid sharp objections from the Opposition, which argued that the proposed law excludes sexual orientation from its scope.

Replying to the debate, Social Justice and Empowerment Minister Virendra Kumar said the amendment is intended to protect individuals who face discrimination and social boycott due to biological factors. He maintained that the bill would strengthen legal recognition and safeguards for transgender persons.

Kumar also highlighted that while the 2019 law prescribed a maximum punishment of two years' imprisonment, the amendment enhances this to up to 14 years, along with a penalty.

Before the bill was passed, the House rejected amendments moved by Opposition members through a voice vote.

Opposition MPs, however, criticised the legislation for allegedly diluting the right to self-identification and excluding sexual minorities such as gay and lesbian individuals. They demanded that the bill be referred to a standing committee for wider 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.