Relevance: GS II (Social Justice & Vulnerable Sections) | Source:The Hindu

1. The Core Issue 

  • The Central Government recently introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026 in the Lok Sabha. 
  • While the government claims this bill will fix the flaws of the original 2019 Act, human rights experts (including officials from the NHRC) argue that it actually reverses years of progress and undermines fundamental rights.

2. Old Law vs. New Law (What Changed?)

Here is a simple look at how the government has changed the rules:

Feature The 2019 Act (Old) The 2026 Bill (New)
Who decides the identity? You do. (Right to self-declare who you are). Doctors do. (Removes the right to self-declare).
Who gives the certificate? The District Magistrate (DM). A strict Medical Board (headed by a CMO).
Who is included? Almost everyone in the community. Explicitly excludes LGB and gender-fluid people.

3. Why are Experts Unhappy? 

  • Treating Identity as a “Disease”: By forcing people to stand before a Medical Board to prove who they are, the bill treats their identity like a medical sickness. It takes away their basic human dignity.
  • Confusing the Body with the Mind: The bill wrongly mixes up “Intersex” and “Transgender” people.
    • Intersex means someone is born with different biological body traits.
    • Transgender is about how a person feels in their mind and heart. Lumping them together is scientifically wrong.
  • No Family Rights: The bill is completely silent on normal civil rights. It does not give them the legal right to marry, adopt children, or inherit property.
  • Ignoring the Real Mafia: The bill punishes outsiders who force transgender people to beg. However, it does nothing to stop the traditional, internal leaders (the jamath system) who often trap young children into forced begging.

UPSC Value Box

Key Word / Case Simple Meaning
NALSA Judgment (2014) The historic Supreme Court case that officially recognized the “Third Gender”. It boldly stated that every person has the fundamental right to self-identify their gender (under Article 21).
SOGIESC A global short-form for: Sexual Orientation, Gender Identity and Expression, and Sexual Characteristics.

With reference to the rights of Transgender persons in India, consider the following statements:

  1. The historic NALSA judgment (2014) recognized the right of an individual to self-identify their gender under Article 21 of the Constitution.
  2. The Transgender Persons Amendment Bill, 2026, allows individuals to get a transgender certificate based purely on their own self-declaration.
  3. The 2026 Amendment Bill provides clear legal rules for the marriage and adoption rights of transgender persons.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Correct Answer: (a)

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