The Transgender Persons (Protection of Rights) Amendment Bill, 2026 passed in Parliament | Current Affairs | Vision IAS

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In Summary

  • The Transgender Persons (Protection of Rights) Bill, 2024, revises the 2019 Act, removing self-determination and establishing a medical board for identity verification.
  • Concerns include loss of agency, exclusion of non-binary individuals, violation of privacy through medical exams, and lack of community consultation.
  • Key initiatives supporting transgender welfare include NALSA's 2014 judgment, the National Council for Transgender Persons, a National Portal, and the SMILE Scheme.

In Summary

Introduces 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, etc.
  • Removes Right to Self Determination: 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.
  • Stronger Penal Provisions: Introduces graded punishments for offences against transgender persons 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.

Key Concerns Associated

  • Loss of Agency: Shifts the framework from self-identification to state-mandated medical recognition.
  • Exclusion due to narrow Definition: Unlike the 2019 Act, the Bill effectively exclude trans-men, non-binary people, and gender-queer individuals from legal protection.
  • Violation of Privacy and Dignity: Medical examinations to prove gender identities is seen as a violation of privacy and human dignity.
  • Medical Gatekeeping: Potentially promotes a Pathological approach with verification by Medical Board, leading to potential harassment.
  • Lack of Consultation: Bill passed without referring to a Standing Committee or consulting the transgender community. 

Initiatives for Welfare of Transgenders in India

  • National Legal Services Authority (NALSA) vs Union of India, 2014: explicitly recognized transgender persons as a third gender; affirmed the right of self-identification of gender
  • National Council for Transgender Persons: Statutory body to safeguard and promote the rights of transgender persons in India.
  • National Portal for Transgender Persons: Enables online applications for identity certificates and access to benefits for transgenders.
  • SMILE (Support for Marginalised Individuals for Livelihood and Enterprise) Scheme: For comprehensive rehabilitation and empowerment of transgender persons; Garima Grehs for shelter.
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SMILE Scheme

An umbrella scheme for the welfare of transgender persons, providing comprehensive rehabilitation and livelihood support, including shelter homes (Garima Grehs), to marginalized individuals.

National Council for Transgender Persons

A statutory body established under the Transgender Persons (Protection of Rights) Act, 2019, to advise the government on policies and programmes for transgender persons. The bill proposes to modify its composition for broader representation.

National Legal Services Authority (NALSA) vs Union of India, 2014

A landmark Supreme Court judgment that recognized transgender persons as a 'third gender' and affirmed their fundamental rights, including the right to self-identification of gender.

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