NEW DELHI: With the Transgender Person (Protection of Rights) Amendment Bill, 2026 becoming law with President of India Droupadi Murmu’s assent on Monday, all eyes are now on the way forward as the amendments do away with the provisions in the 2019 law that allowed “self-perceived gender identity” to be the basis for self-determination and identification for approval for transgender certificate by the district magistrate.The amended definition of “transgender persons” makes it clear that it will not include persons with “different sexual orientations and self-perceived sexual identities”. A medical board headed by the chief medical officer has been introduced. Going forward the district magistrate will issue a certificate of transgender identity, after examining the recommendation of the medical board cited as “authority” to be constituted by the central or state governments. Moreover, the DM will also have the option to seek assistance from medical experts.While the TG community members are exploring the legal route to challenge the enacted amendments in Court, they wonder what will be the fate of the over 32,000 TG certificates issued so far based on self-perceived identity and those pending approval. Member of the National Council for Transgender Persons Abhina Aher told TOI that the community was planning to take legal recourse as the Bill violates the landmark NALSA judgement of 2014 that affirmed the right to self-determination of transgender persons. A visit to the National Portal for Transgender Persons linked to the website of the ministry of social justice and empowerment shows that the total number of applications received stands at 37362. The portal puts the number of TG certificates issued so far at 32660, and of these, TG identity cards have been issued to 32630 persons. As many as 5833 applicants have not been found eligible, and 4794 applications were pending approval as of Tuesday.In this backdrop, youth like Akash (name changed) are a worried lot. A transman from Haryana’s Charkhi Dadri who is currently in Delhi for coaching as he aspires to sit for the civil services examination, Akash says he is fearful of what lies ahead. “ I got my TG certificate on March 18 but will this certificate stay valid? The amendments don’t even mention transman or transwoman in the definition and take away the right to self-perceived identification. So, what happens to me and others in the same situation? Who will stand up to secure our rights and protect us from exploitation?” Akash asked.The amended definition of “transgender person” lays down that it includes a person having such socio-cultural identities as kinner, hijra, aravani and jogta, or eunuch, or a person with intersex variations specified below or a person who, at birth, has a congenital variation in one or more of the following sex characteristics as compared to male or female development.—
- primary sexual characteristics
- external genitalia
- chromosomal patterns
- gonadal development
- endogenous hormone production or response, or such other medical conditions.
The definition also includes “any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise.”