India's New Transgender Law Is Now in Force. Here’s What Changes for Queer People

For the first time since 2014, transgender persons in India cannot simply declare who they are. A government-appointed medical board will now decide. On 30 March, President Droupadi Murmu signed the trans amendment bill into law, replacing a hard-won right with a gatekeeping process that queer activists say criminalises identity itself.

What Did the Transgender Bill Change About Legal Recognition?

Introduced in the Lok Sabha on 13 March 2026, the trans amendment bill replaces the 2019 Act's self-identification framework with a category-based approach. It retains identities such as hijra, kinner, and jogta, but removes trans men, trans women, and genderqueer persons. The law explicitly excludes persons with self-perceived sexual identities.

Who Does This Law Now Leave Out?

National Council for Transgender Persons (NCTP) member Rituparna Neog told IDR Online that identities like Nupa Maanba and Nupi Maanbi from Manipur are absent from the bill. Queer activists warn region-specific and non-binary identities now fall outside legal protection. The law's retroactivity clause could also invalidate certificates already issued under the earlier framework, as per Live Law.

How Does Identity Certification Work Under the New Law?

A medical board headed by a Chief Medical Officer evaluates a person first, after which the District Magistrate grants recognition, according to Amnesty International. The board is not required to include a transgender person, psychologist, or social worker. 

This replaces the self-declaration process upheld by the Supreme Court's 2014 National Legal Services Authority versus Union of India ruling.

What Do Queer Activists Say About the Criminal Provisions?

The transgender bill penalises compelling or alluring a person to present as transgender, with penalties up to life imprisonment, as per Amnesty International. The law also requires medical institutions to report gender-affirming surgeries to the District Magistrate, which queer communities describe as state surveillance of private medical decisions.

How Large Was the Opposition Before Assent?

The bill passed the Lok Sabha on 24 March 2026 amid an opposition walkout, clearing the Rajya Sabha the following day. Over 100,000 emails were sent to Members of Parliament within ten days, according to the Association for Women's Rights in Development. 

NCTP members Rituparna Neog and Kalki Subramaniam resigned in protest, as per IDR Online. Queer activists held street protests at Jantar Mantar, as reported by Outlook India.

Does This Law Conflict With Supreme Court Rulings?

The amendment directly contradicts the Supreme Court's National Legal Services Authority ruling by replacing self-identification with medical board verification, according to Amnesty International. Justice (Retd.) Asha Menon urged the Union Government to withdraw the bill on 25 March 2026, as per Countercurrents. The government proceeded regardless.

What Are Queer Communities Doing Now That It Is Law?

A Supreme Court PIL filed under Article 32 by Laxmi Narayan Tripathi and Zainab Patel contends the transgender bill causes irreparable constitutional injury under Articles 14, 15, 19, and 21, as reported by Live Law. Queer activists have made clear that full withdrawal remains their only demand.

(With inputs from yMedia)