Transgender Act Amendment 2026 India: Key Changes

Theme 1: Definition of Transgender:
Provision of the 2019 Act	Changes introduced by the Amendment
Section 2- Definitions
(i) “person with intersex variations” means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body;	This clause has been omitted
(k) “transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.	This has been substituted with the following: “transgender person” means— (i) 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:— (a) primary sexual characteristics; (b) external genitalia; (c) chromosomal patterns; (d) gonadal development; (e) endogenous hormone production or response, or such other medical conditions; or (ii) 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: Provided that it shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities.
Section 4: Recognition of identity of transgender person
(1) A transgender person shall have a right to be recognised as such, in accordance with the provisions of this Act. (2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identity.	Sub-section (2) shall be omitted.
The amendment changes the definition of transgender, marking a shift from self-determination to recognition of socio-cultural and biological identities. The previous definition defined a transgender person as anybody whose gender did not match the gender assigned to them at birth, and included transmen and transwomen regardless of whether they had undergone any gender affirming procedures, as well as genderqueer persons, in addition to persons from the intersex communities and those with socio cultural identities such as kinner, hijra, aravani and jogta. The Act also explicitly spelled out the right of transgender persons to a self-perceived gender identity. This definition has been substituted by a new definition, wherein the definition of transgender is limited with certain specified socio-cultural identities, such as kinner, hijra, aravani and jogta, or eunuch, or those with intersex variations, or those who are compelled to assume a transgender identity. The amendment states that the original law was meant to protect a specified class of persons from a socio-cultural standpoint, who face societal discrimination of an extreme and oppressive nature, and that the existing definition was vague, which made operation of the law unworkable. It also states that protection and benefits of a law cannot go to someone who can “acquire” or “choose” characteristics of beneficiaries. This is in stark opposition to the landmark Supreme Court judgment of National Legal Services Authority v Union of India, commonly referred to as the NALSA judgment, which itself was a culmination of a long activist battle, where the “third gender” was given legal recognition, grounded in principles of self-determination. The derecognition of existing identities also, the amendment opens the door for questioning the validity of identity certificates issued under the previous law, which can lead to further implications for who were issued these certificates, in terms of curtailing their access to a range of rights and services tied to their certification, such as healthcare, education, employment and other welfare schemes.
Theme 2: Application Process:
Provisions of the 2019 Act and 2020 Rules	Changes introduced by the Amendment
Certificate of Identity as Transgender
Section 6- Issue of certificate of identity: (1) The District Magistrate shall issue to the applicant under section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender. (2) The gender of transgender person shall be recorded in all official documents in accordance with certificate issued under sub-section (1). (3) A certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his identity as a transgender person. Relevant rules as per Transgender Persons (Protection of Rights) Rules, 2020: Rule 4- Procedure for issue of certificate of identity: (1) The District Magistrate shall, subject to the correctness of the applicant’s particulars, get the application processed based on the affidavit submitted declaring the gender identity of any person in Form- 2, without any medical or physical examination, and thereafter issue an identification number to the applicant, which may be quoted as proof of application	In Section 6, sub-section (1), the words “District Magistrate” have been substituted by “District Magistrate, after examining the recommendation of the authority and, if he considers either necessary or desirable, after taking the assistance of other medical experts” “Authority”, for the purpose of this sub-section, has been defined under the Amendment Act, as “a medical board, headed by a Chief Medical Officer or a Deputy Chief Medical Officer, as may be appointed by the Central Government, State Government or Union territory Administration” Another sub-section has been added: “(4) The person who has been issued a certificate of identity under sub-section (1) and is so declared as a transgender person within the definition under this Act shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person.”
Certificate of Identity for Change in Gender
Section 7- Change in gender (1) After the issue of a certificate under sub-section (1) of section 6, if a transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed. (2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed. (3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person: Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act. Relevant rules as per Transgender Persons (Protection of Rights) Rules, 2020: Rule 2- Definitions- (i) “medical intervention” includes any gender affirming medical intervention undertaken by an individual to facilitate the transition to their self-identified gender, including but not limited to counseling, hormonal therapy, and surgical intervention, if any. Rule 6- Procedure for issue of a certificate of identity for change of gender- (1) If a transgender person undergoes medical intervention towards a gender affirming procedure, either as a male or female, such person may apply in the Form – 1, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone the said medical intervention, to the District Magistrate for the issue of a revised certificate of identity. (2) The District Magistrate shall, on receipt of an application referred to in sub-rule (1) shall verify the genuineness of the said medical certificate, which shall not include any physical examination.	In Section 7 (1), the words “such person may” have been substituted with “such person shall” The following subsection has been added after it- “(1A) The medical institution in which the person who has undergone surgery to change gender, either as male or female, shall furnish the details of such person to the concerned District Magistrate and the authority in such form and manner as may be prescribed.” A memorandum regarding deleted legislation in the Amendment Act clarifies that the aforesaid sub-section of the said section empowers the appropriate Government to make rules to provide for the form and manner of details of a person who has undergone surgery to change gender, either male or female, to be furnished by the medical institutions. Section 7 (2) has been substituted with the following: “(2) A person referred to in sub-section (1) shall also make an application to the District Magistrate who shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.” Sub-section 3 and the following proviso has been omitted.
There were two kinds of certificates of identity that could be obtained under the 2019 Act- one was a certificate of identity as a transgender, and another was a revised certificate of identity as either a male or female. For obtaining a certificate of identity as a transgender under the 2019 Act, a person could apply with relevant documents and an affidavit to the concerned District Magistrate, without any medical certification or proof. They also could not be subjected to any medical or physical examination for the issuance of the certificate. However, the present amendment introduces a mandatory layer of medical scrutiny, wherein the District Magistrate has to also examine the recommendations of a designated medical board (and may take further assistance of other medical experts) before issuing such a certificate. This medical board will be headed by a Chief Medical Officer or a Deputy Chief Medical Officer. With regards to the medical board, there is no clarity on the scope and procedure it will follow, which could result in invasive examinations and opportunities for harassment. Further, a transgender person who underwent surgery could obtain a revised certificate of identity as a male or female, by applying to the District Magistrate with relevant documents, including proof of medical intervention (including counselling, hormonal therapy or surgical intervention). In verifying the genuineness of such proof of medical intervention, there could be no physical examination. The present amendment has made the application for a revised certificate after surgery mandatory. Further, it also mandates that the concerned medical institution where a person undergoes gender change surgery must furnish information regarding the same to the District Magistrate. Concerns have been raised that such mandatory reporting may deter individuals from seeking healthcare due to fear of exposure or scrutiny. It is also violative of a transgender person’s right to privacy, which includes bodily and informational privacy, as well as decisional autonomy.
Theme 3: Offenses and Penalties:
Provisions of the 2019 Act	Changes introduced in the Amendment
Section 18. Offences and penalties. Whoever, (a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government; (b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use; (c) forces or causes a transgender person to leave household, village or other place of residence; and (d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.	This section has been substituted with the following: “18. Whoever, — (a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine; (b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine; (c) forces or causes a transgender person to leave household, village or other place of residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine; (d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine; (e)kidnaps or abducts any adult person and causes— (i) grievous hurt to such person, whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure; or (ii)permanent or severe injury to the body or bodily functions of such person, with the intent of, or in the course of, compelling such person to assume, adopt, or outwardly present a transgender identity against the will or consent of such person, whether by force, allurement, deceit, undue influence or otherwise, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than two lakh rupees; (f)kidnaps or abducts any child and causes— (i) grievous hurt to such child, whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure; or (ii) permanent or severe injury to the body or bodily functions of such child, with the intent of, or in the course of, compelling such child to assume, adopt, or outwardly present a transgender identity, whether by force, allurement, deceit, undue influence or otherwise, shall be punishable with rigorous imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees; (g)by force, threat, coercion, allurement, deception, inducement, or undue influence— (i)compels any person, whether or not such person is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person against the will of such person; and (ii)employs, uses, or causes such person to engage in begging, solicitation, servitude, or any other form of forced or bonded labour while so presenting, shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees; and (h) by force, threat, coercion, allurement, deception, inducement, undue influence or otherwise— (i) compels any child, whether or not such child is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person; and (ii)employs, uses, or causes such child to engage in begging, solicitation, servitude, or any other form of forced or bonded labour while so presenting, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to fourteen years, and shall also be liable to fine which shall not be less than three lakh rupees.”.
The 2019 Act criminalised certain conduct. These acts included forcing a transgender person to engage in forced or bonded labour, denying them the right of passage to a public place or obstructing such access, forcing them to leave their household, or doing anything that harms, injures or puts into danger the life, safety, health or well-being of a transgender person. Such acts can be mental or physical and include physical abuse, sexual abuse, verbal and emotional abuse and economic abuse. These have been retained in the amendment, with the punishment remaining the same- six months to two years of imprisonment along with fine. The amendment has also introduced two new offenses: i) Kidnapping and causing grievous hurt (whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure) or severe injury to compel a person to assume transgender identity, whether by force, allurement, deceit or undue influence. This will carry a punishment of imprisonment between ten years and life with a minimum fine of two lakh rupees if the victim is an adult, and imprisonment for life and a fine of a minimum of five lakh rupees where the victim is a child. ii) Compelling a person to present as a transgender person and engage in begging, servitude or bonded labour, by force, threat, coercion, allurement, deception, inducement or undue influence will be punishable with: (i) imprisonment between five and ten years and a fine of at least one lakh rupees, if the victim is an adult, and (ii) imprisonment between ten and fourteen years and a fine of at least three lakh rupees if the victim is a child. While the stated objective is to address offences of exceptional gravity at the conjunction of abduction, permanent bodily harm and forced identity, the use of vague and broad words such as “allurement” and “undue influence” had led to apprehension in the community regarding potential misuse of these provisions against friends, families, community-based organisations, and even medical professionals, wherein support in the form of mentorship and guidance could potentially be criminalised under the sweeping provisions. The framing of the provisions is also reflective of the long-standing stereotype that transgender identities are not intrinsic but imposed or acquired through coercion. Further, sexual abuse continues against transgender persons continues to invite a maximum punishment of two years, which is far less than penalties prescribed for sexual violence against cisgender women (which can even extend to life imprisonment).

Theme 1: Definition of Transgender:

Provision of the 2019 Act

Changes introduced by the Amendment

Section 2- Definitions

(i) “person with intersex variations” means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body;

This clause has been omitted

(k) “transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.

This has been substituted with the following:

“transgender person” means—
(i) 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:—
(a) primary sexual characteristics;
(b) external genitalia;
(c) chromosomal patterns;
(d) gonadal development;
(e) endogenous hormone production or response, or such other medical conditions; or
(ii) 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:
Provided that it shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities.

Section 4: Recognition of identity of transgender person

(1) A transgender person shall have a right to be recognised as such, in accordance with the provisions of this Act.
(2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identity.

Sub-section (2) shall be omitted.

The amendment changes the definition of transgender, marking a shift from self-determination to recognition of socio-cultural and biological identities. The previous definition defined a transgender person as anybody whose gender did not match the gender assigned to them at birth, and included transmen and transwomen regardless of whether they had undergone any gender affirming procedures, as well as genderqueer persons, in addition to persons from the intersex communities and those with socio cultural identities such as kinner, hijra, aravani and jogta. The Act also explicitly spelled out the right of transgender persons to a self-perceived gender identity.

This definition has been substituted by a new definition, wherein the definition of transgender is limited with certain specified socio-cultural identities, such as kinner, hijra, aravani and jogta, or eunuch, or those with intersex variations, or those who are compelled to assume a transgender identity.

The amendment states that the original law was meant to protect a specified class of persons from a socio-cultural standpoint, who face societal discrimination of an extreme and oppressive nature, and that the existing definition was vague, which made operation of the law unworkable. It also states that protection and benefits of a law cannot go to someone who can “acquire” or “choose” characteristics of beneficiaries.

This is in stark opposition to the landmark Supreme Court judgment of National Legal Services Authority v Union of India, commonly referred to as the NALSA judgment, which itself was a culmination of a long activist battle, where the “third gender” was given legal recognition, grounded in principles of self-determination. The derecognition of existing identities also, the amendment opens the door for questioning the validity of identity certificates issued under the previous law, which can lead to further implications for who were issued these certificates, in terms of curtailing their access to a range of rights and services tied to their certification, such as healthcare, education, employment and other welfare schemes.

Theme 2: Application Process:

Provisions of the 2019 Act and 2020 Rules

Changes introduced by the Amendment

Certificate of Identity as Transgender

Section 6- Issue of certificate of identity:

(1) The District Magistrate shall issue to the applicant under section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender.

(2) The gender of transgender person shall be recorded in all official documents in accordance with certificate issued under sub-section (1).

(3) A certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his identity as a transgender person.

Relevant rules as per Transgender Persons (Protection of Rights) Rules, 2020:

Rule 4- Procedure for issue of certificate of identity:

(1) The District Magistrate shall, subject to the correctness of the applicant’s particulars, get the application processed based on the affidavit submitted declaring the gender identity of any person in Form- 2, without any medical or physical examination, and thereafter issue an identification number to the applicant, which may be quoted as proof of application

In Section 6, sub-section (1), the words “District Magistrate” have been substituted by “District Magistrate, after examining the recommendation of the authority and, if he considers either necessary or desirable, after taking the assistance of other medical experts”

“Authority”, for the purpose of this sub-section, has been defined under the Amendment Act, as “a medical board, headed by a Chief Medical Officer or a Deputy Chief Medical Officer, as may be appointed by the Central Government, State Government or Union territory Administration”

Another sub-section has been added:

“(4) The person who has been issued a certificate of identity under sub-section (1) and is so declared as a transgender person within the definition under this Act shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person.”

Certificate of Identity for Change in Gender

Section 7- Change in gender

(1) After the issue of a certificate under sub-section (1) of section 6, if a transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed.

(2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.

(3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person:

Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act.

Relevant rules as per Transgender Persons (Protection of Rights) Rules, 2020:

Rule 2- Definitions-

(i) “medical intervention” includes any gender affirming medical intervention undertaken by an individual to facilitate the transition to their self-identified gender, including but not limited to
counseling, hormonal therapy, and surgical intervention, if any.

Rule 6- Procedure for issue of a certificate of identity for change of gender-

(1) If a transgender person undergoes medical intervention towards a gender affirming procedure, either as
a male or female, such person may apply in the Form – 1, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone the said medical intervention, to the District Magistrate for the issue of a revised certificate of
identity.

(2) The District Magistrate shall, on receipt of an application referred to in sub-rule (1) shall verify the genuineness of the said medical certificate, which shall not include any physical examination.

In Section 7 (1), the words “such person may” have been substituted with “such person shall”

The following subsection has been added after it-

“(1A) The medical institution in which the person who has undergone surgery to change gender, either as male or female, shall furnish the details of such person to the concerned District Magistrate and the authority in such form and manner as may be prescribed.”

A memorandum regarding deleted legislation in the Amendment Act clarifies that the aforesaid sub-section of the said section empowers the appropriate Government to make rules to provide for the form and manner of details of a person who has undergone surgery to change gender, either male or female, to be furnished by the medical institutions.

Section 7 (2) has been substituted with the following:

“(2) A person referred to in sub-section (1) shall also make an application to the District Magistrate who shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.”

Sub-section 3 and the following proviso has been omitted.

There were two kinds of certificates of identity that could be obtained under the 2019 Act- one was a certificate of identity as a transgender, and another was a revised certificate of identity as either a male or female.

For obtaining a certificate of identity as a transgender under the 2019 Act, a person could apply with relevant documents and an affidavit to the concerned District Magistrate, without any medical certification or proof. They also could not be subjected to any medical or physical examination for the issuance of the certificate.

However, the present amendment introduces a mandatory layer of medical scrutiny, wherein the District Magistrate has to also examine the recommendations of a designated medical board (and may take further assistance of other medical experts) before issuing such a certificate. This medical board will be headed by a Chief Medical Officer or a Deputy Chief Medical Officer. With regards to the medical board, there is no clarity on the scope and procedure it will follow, which could result in invasive examinations and opportunities for harassment.

Further, a transgender person who underwent surgery could obtain a revised certificate of identity as a male or female, by applying to the District Magistrate with relevant documents, including proof of medical intervention (including counselling, hormonal therapy or surgical intervention). In verifying the genuineness of such proof of medical intervention, there could be no physical examination.

The present amendment has made the application for a revised certificate after surgery mandatory. Further, it also mandates that the concerned medical institution where a person undergoes gender change surgery must furnish information regarding the same to the District Magistrate. Concerns have been raised that such mandatory reporting may deter individuals from seeking healthcare due to fear of exposure or scrutiny. It is also violative of a transgender person’s right to privacy, which includes bodily and informational privacy, as well as decisional autonomy.

Theme 3: Offenses and Penalties:

Provisions of the 2019 Act

Changes introduced in the Amendment

Section 18. Offences and penalties.

Whoever,
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use;

(c) forces or causes a transgender person to leave household, village or other place of residence; and

(d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.

This section has been substituted with the following:

“18. Whoever, —
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;

(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;

(c) forces or causes a transgender person to leave household, village or other place of residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;

(d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine;

(e)kidnaps or abducts any adult person and causes—
(i) grievous hurt to such person, whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure; or
(ii)permanent or severe injury to the body or bodily functions of such person,
with the intent of, or in the course of, compelling such person to assume, adopt, or outwardly present a transgender identity against the will or consent of such person, whether by force, allurement, deceit, undue influence or otherwise, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than two lakh rupees;

(f)kidnaps or abducts any child and causes—
(i) grievous hurt to such child, whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure; or
(ii) permanent or severe injury to the body or bodily functions of such child,
with the intent of, or in the course of, compelling such child to assume, adopt, or outwardly present a transgender identity, whether by force, allurement, deceit, undue influence or otherwise, shall be punishable with rigorous imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees;

(g)by force, threat, coercion, allurement, deception, inducement, or undue influence—
(i)compels any person, whether or not such person is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person against the will of such person; and
(ii)employs, uses, or causes such person to engage in begging, solicitation, servitude, or any other form of forced or bonded labour while so presenting, shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees; and

(h) by force, threat, coercion, allurement, deception, inducement, undue influence or otherwise—
(i) compels any child, whether or not such child is a transgender person, to dress, present, or conduct themselves outwardly as a transgender person; and
(ii)employs, uses, or causes such child to engage in begging, solicitation, servitude, or any other form of forced or bonded labour while so presenting, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to fourteen years, and shall also be liable to fine which shall not be less than three lakh rupees.”.

The 2019 Act criminalised certain conduct. These acts included forcing a transgender person to engage in forced or bonded labour, denying them the right of passage to a public place or obstructing such access, forcing them to leave their household, or doing anything that harms, injures or puts into danger the life, safety, health or well-being of a transgender person. Such acts can be mental or physical and include physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.

These have been retained in the amendment, with the punishment remaining the same- six months to two years of imprisonment along with fine. The amendment has also introduced two new offenses:

i) Kidnapping and causing grievous hurt (whether by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure) or severe injury to compel a person to assume transgender identity, whether by force, allurement, deceit or undue influence. This will carry a punishment of imprisonment between ten years and life with a minimum fine of two lakh rupees if the victim is an adult, and imprisonment for life and a fine of a minimum of five lakh rupees where the victim is a child.

ii) Compelling a person to present as a transgender person and engage in begging, servitude or bonded labour, by force, threat, coercion, allurement, deception, inducement or undue influence will be punishable with: (i) imprisonment between five and ten years and a fine of at least one lakh rupees, if the victim is an adult, and (ii) imprisonment between ten and fourteen years and a fine of at least three lakh rupees if the victim is a child.

While the stated objective is to address offences of exceptional gravity at the conjunction of abduction, permanent bodily harm and forced identity, the use of vague and broad words such as “allurement” and “undue influence” had led to apprehension in the community regarding potential misuse of these provisions against friends, families, community-based organisations, and even medical professionals, wherein support in the form of mentorship and guidance could potentially be criminalised under the sweeping provisions. The framing of the provisions is also reflective of the long-standing stereotype that transgender identities are not intrinsic but imposed or acquired through coercion.

Further, sexual abuse continues against transgender persons continues to invite a maximum punishment of two years, which is far less than penalties prescribed for sexual violence against cisgender women (which can even extend to life imprisonment).

Beyond Recognition: Mapping Legal Remedies For Gender Identity Based Discrimination In India

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