Amended Transgender Act: A Closer Look at the Key Pitfalls
Mandatory medical checks replace self-ID, raising scientific and rights concerns
The Indian Parliament passed the Transgender Persons (Protection of Rights) Amendment Bill, 2026, in March, significantly amending the 2019 Act. The law now makes an examination by the Medical Board mandatory to confirm transgender identity, removing the previous right to self-identification.
The legal definition of a ‘transgender person’ as per the new Act has been restricted to specific socio-cultural identities (like hijra, kinner, aravani) and persons with ‘congenital variations,’ potentially excluding many trans men, trans women and non-binary individuals who do not fall into these categories. The move has been criticised as not being based on scientific knowledge.
The World Professional Association for Transgender Health (WPATH) defines transgender as “an umbrella term for individuals whose gender identity or expression differs from their assigned birth sex.”
In other words, it is the congruence between a person’s internal sense of gender and the sex they were assigned at birth. Transgenders do not include intersex individuals, who are born with reproductive anatomy that does not fit the boxes ‘female’ or ‘male’. They may have both ovarian and testicular tissue (ovotestes).
Under the new Act, transgender persons are required to obtain a recommendation from a state-appointed medical board (headed by a Chief Medical Officer) before a District Magistrate can issue an identity certificate.
In passing the Act, Parliament has not taken into account the understanding that a mere physical examination is not enough to certify a person as transgender.
Many healthcare professionals are not really competent to handle the health concerns of transgenders. This is due to confusion in the definitions and type casting of community members. Dealing with this community requires specialized training. The general public are scared of the community too, as they do not fit into the accepted bigender type casting. Hence, they may react negatively towards this community. Creating awareness about the plight of the community will help the majority community to accept transgenders as equals and respect them.
The writer is a sexologist. Mail him at dr.narayana@deccanmail.com
