The Minister of Social Justice and Empowerment introduced the bill proposing significant changes to the Transgender Persons (Protection of Rights) Act, 2019, aimed at providing better legal protection to the community.

Key Features of the Bill

• Revised Definition: Defines transgender persons as those with socio-cultural identities (kinner, hijra, aravani, jogta), biological variations, including those forced to outwardly present a transgender identity (through mutilation, hormonal procedures etc.)
  • It excludes self-perceived gender identities (ex. Man identifying as women) or sexual orientations. 
  • It omits Section 4(2) of 2019 Act, removing the legal recognition of self-determination.
• Verification Authority: Establishes a medical board (headed by a Chief Medical Officer or Deputy CMO) to assist authorities in verifying transgender identity.
  • Under the 2019 Act, a person could obtain a Certificate of Identity from the District Magistrate based on self-perceived identity, without any medical examination.
• Stronger Penal Provisions: Introduces graded punishments for offences against transgender persons, including abuse, forced labour, abduction, and forcing transgender identity, with penalties up to life imprisonment.
• National Council for Transgender Persons: Modifies the composition to ensure representation from State Governments and UTs on a rotational basis.
• Others: Persons issued a certificate of identity can make consequential changes in official documents.