India Moves To Broaden Legal Definition Of Transgender Persons. What Does It Mean?

Last Updated:March 11, 2026, 13:27 IST

The amendment is also expected to spell out clearer criteria for identifying transgender persons, which the government says will help prevent misuse of the law’s provisions.

The Union Cabinet on Tuesday approved a proposal to amend the Transgender Persons (Protection of Rights) Act, 2019, in a bid aimed at expanding the definition of transgender individuals in the country.

As per reports, the proposed changes are intended to make the law more inclusive so that a broader range of individuals can access the rights, protections and welfare measures provided under the legislation.

The amendment is also expected to spell out clearer criteria for identifying transgender persons, which the government says will help prevent misuse of the law’s provisions.

Community leaders have consistently raised concerns regarding the implementation of the law, prompting ongoing discussions around its effectiveness. The Supreme Court has also voiced concerns regarding delays in implementing the law provisions.

While the Cabinet has approved the proposal, detailed provisions of the amendment have not yet been made public.

The Transgender Persons (Protection of Rights) Act, 2019, which came into force on January 10, 2020, provides legal recognition to transgender individuals, prohibits discrimination and mandates welfare measures for the community. The rules for implementing the law were notified in September 2020.

Under the current law, a transgender person is defined as someone whose gender identity does not match the gender assigned at birth. Section 2 of the Act provides crucial definitions regarding who qualifies as a transgender person.

The definition includes trans men and trans women, persons with intersex variations, gender queer individuals, hijra and others. The law applies regardless of whether a person has undergone sex reassignment surgery or hormone therapy. It also requires transgender persons to go through a district magistrate and district screening committee to get certified as a trans person.

According to the 2011 census there are more than 4.80 lakh transgenders in the country.

As per the reports, the proposed amendment aims to bring greater clarity to the definition and ensure that genuine beneficiaries receive the protections and benefits provided under the law.

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