Critical Analysis: Transgender Persons (Protection Of Rights) Amendment Act, 2026
- IJLLR Journal
- Jul 12
- 1 min read
Garima Malik, Trinity Institute of Professional Studies, Dwarka
ABSTRACT
The article examine the amendment in the Transgender Persons (Protection of Rights) Act, 2019 and its impact on the rights of the transgender people. The 2019 act gave the broad definition to transgender people but the Transgender Persons (Protection of Rights) Amendment Act, 2026 act is narrow. The amendment act narrowed the definition of “transgender people”, exclusion of self-perceived gender identity and inclusion of mandatory medical certificate. The article introduces the changes and its impact on the rights of the transgender people. It argues that the 2026 amendment act is a violation of the constitutional rights that was upheld by the Supreme Court in 2014 judgment. It compares both the 2019 and the amendment act and how it will impact the rights of the transgender person. It also discusses the new penal provision and how it can be misused against people or communities who supports transgender person. The article concludes that only time and judicial scrutiny will tell whether the new amendment law is beneficial for transgender people or not.
Keywords: Gender identity, self-perceived identity, transgender rights, fundamental rights.
