Home India Ministry of Social Justice and Empowerment Parliament Question: Transgender Persons (Protection of Righ...
Date: 2026-07-28 Category: LOKSABHA_QNA State: Union Government Country: India

Parliament Question: Transgender Persons (Protection of Rights) Amendment Act, 2026

Issued by Ministry of Social Justice and Empowerment · Not Applicable

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GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA UNSTARRED QUESTION NO. 1510 TO BE ANSWERED ON 28.07.2026 TRANSGENDER PERSONS (PROTECTION OF RIGHTS) AMENDMENT ACT, 2026 1510. THIRU D M KATHIR ANAND: Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state: (a) the salient features of the Transgender Persons (Protection of Rights) Amendment Act, 2026 and its implications for issuance of identity certificates, legal recognition and access to welfare entitlements for transgender persons; (b) the composition, powers and functioning of the medical boards and other authorities entrusted with certification and verification of gender identity under the amended framework; (c) the consultations held with transgender communities, civil society organisations, legal experts and State Governments prior to enactment of the Amendment Act; (d) the petitions, representations and legal challenges received regarding the amended provisions and their current status; and (e) the steps proposed to ensure that transgender persons continue to receive equal protection, social security benefits, educational opportunities and healthcare services without discrimination? ANSWER MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI B.L.VERMA) (a) The salient features of the Transgender Persons (Protection of Rights) Amendment Act, 2026 and its implications are at Annexure-I. (b) Authority as defined in Amendment Act, consists of a medical board headed by the Chief Medical Officer or Deputy Chief Medical Officer. Medical board will provide their recommendation to The District Magistrate, only after examination of which, the District Magistrate will issue certificates. (c) Consultation and feedback is an ongoing process and a delegation of Transgender persons had also met senior Ministry officials, prior to enactment of the Amendment Act. (d) The petitions, representations and legal challenges received regarding the amended provisions and their current status are at Annexure-II. (e) Transgender persons with valid identity certificates will continue to receive equal protection, social security benefits, educational opportunities and healthcare services without discrimination as they were receiving prior to enactment of Amendment Act.ANNEXURE-I ANNEXURE REFERRED TO IN REPLY TO PART (A) IN RESPECT OF LOK SABHA UNSTARRED QUESTION NO. 1510 FOR REPLY ON 28.07.2026 REGARDING TRANSGENDER PERSONS (PROTECTION OF RIGHTS) AMENDMENT ACT, 2026. The salient features of the Transgender Persons (Protection of Rights) Amendment Act, 2026 are as under: (i) Revision of the definition of a transgender person; (ii) Provision for examination by a Medical Board prior to issuance of Transgender Identity Card and Certificate by the District Magistrate; (iii) The composition of the National Council for Transgender Persons has been amended to include officer not below the rank of Director as representatives of State Governments and Union Territory Administrations. (iv) Enhancement of penalties for offences against transgender Persons. Implications of Transgender Persons (Protection of Rights) Amendment Act, 2026 for issuance of identity certificates, legal recognition and access to welfare entitlements for transgender persons are as under: (i) The District Magistrate will issue Transgender Identity Card and Certification after examining the recommendation of a medical board headed by the Chief Medical Officer or Deputy Chief Medical Officer. The District Magistrate will retain the authority to issue certificates, but eligibility will now be determined based on medical verification. (ii) Consequent upon issuance of the identity certificate, eligible transgender persons shall continue to receive legal recognition and be able to access welfare schemes and other benefits linked to such certification, as per the applicable guidelines.ANNEXURE-II ANNEXURE REFERRED TO IN REPLY TO PART (D) IN RESPECT OF LOK SABHA UNSTARRED QUESTION NO. 1510 FOR REPLY ON 28.07.2026 REGARDING TRANSGENDER PERSONS (PROTECTION OF RIGHTS) AMENDMENT ACT, 2026. The petitions, representations and legal challenges received regarding the amended provisions and their current status are as under: SI. Petitions, representations and legalCurrent status No. challenges received 1. W.P.(C) No. 548/ 2026 — Laxmi Narayan As per the order dated 04.05.2026, the Tirpathi vs. Union of India & Ors. tagged Hon'ble Supreme Court issued notices to all along with following matters - the States and Union Territories, returnable on 03.08.2026. Mr. M.K. Maroria, learned counsel, accepted notice on behalf of the i. W.P“C) No. 512/ 2026 — Manoj Union of India. The Hon'ble Court further Narula vs. Union of India & Ors. li. W.P.(C) No. 519/ 2026 — Manveer directed that the respondents shall file their Yadav vs. Union of India & Ors. counter-affidavits before the next date of iil. W.P.(C) No. 535/ 2026 — Akkai hearing. It was also ordered that the batch of Padmshali vs. Union of India & matters shall be placed before a Three-Judge Ors. . Bench to be constituted by Hon'ble the Chief iv. W.P.(C) No. 548/ 2026 — Laxmi Justice of India. Narayan Tirpathi vs. Union of India & Ors. W.P.(C) No. 541/ 2026 —Kinner Maa Ek Samajik Sanstha Trust vs. Ministry of Home Affairs. Vi. W.P.(C) No. 546/ 2026 —Rachana Mudraboyina vs. Union of India & Ors. Vil. W.P.(C) No. 547/ 2026 — Adarsh Soni vs. Union of India & Ors. Vill. W.P.(C) No. 566/ 2026 - Apartim Roy @ Suprava Roy vs. Union of India & Ors. 1X. W.P.(C) No. 568/ 2026 - Thangjam Santa Singh Also Known as Santa Khurai vs. Union of India & Ors. pending before the Hon’ble Supreme Court of India W.P.(C) 4620/2026 (PIL) - Lakshay Jain Hon'ble Supreme Court, vide Order vs. Union of India, dated 15.06.2026 in Transfer Petition (Civil) tagged along with Nos. 1686—1692/2026 (Union of India v. Nai W.P.(C) 4587/2026 - Dr. Chandresh Jain Bhor Sanstha & Anr. etc., has, while issuing vs. Union of India, notice in the transfer petitions, directed pending before the Hon’ble High Court of that “Meanwhile’ further proceedings before Delhi the High Court shall remain stayed.” The matter is listed for next hearing onl 03.08.2026.W.P. No. 11652/2026 — Sri Maya M Vs Hon'ble Supreme Court, vide Order Union of India & others dated 15.06.2026 in Transfer Petition (Civil) and Nos. 1686—1692/2026 (Union of India v. Nai WP. No: 11655/2026 — Akira Mujawar Vs Bhor Sanstha & Anr. etc., has, while issuing Union of India & others, notice in the transfer petitions, directed pending before the Hon’ble High Court of that “Meanwhile’ further proceedings before Karnataka, Bengaluru the High Court shall remain stayed.” The matter is listed for next hearing on 03.08.2026. W.P.(C) No. 13731/2026 — Akhil K. Hon'ble Supreme Court, vide Order Thampi vs. Union of India & Ors. dated 15.06.2026 in Transfer Petition (Civil) and Nos. 1686—1692/2026 (Union of India v. Nai W.P.(C) No. 14156/2026 — Neethu vs. Bhor Sanstha & Anr. etc., has, while issuing Union of India & Ors.), notice in the transfer petitions, directed pending before Hon’ble High Court of that “Meanwhile’ further proceedings before Kerala at Ernakulam the High Court shall remain stayed.” The matter is listed for next hearing on 03.08.2026. oe 2K 2 ok Ok

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