Bill to define ‘transgender’ and introduce graded punishments for crimes tabled in Lok Sabha

A bill seeking to provide a precise legal definition of the term “transgender” and introduce graded punishments for crimes committed against transgender persons was introduced in the Lok Sabha on Friday. The proposed legislation aims to clarify the scope of existing protections and strengthen legal safeguards under the current law.

The Transgender Persons (Protection of Rights) Amendment Bill was introduced by Virendra Kumar. The government said the move is intended to ensure that the benefits and protections under the existing legislation reach properly identified transgender persons while addressing ambiguities that have emerged during the law’s implementation.

The bill proposes a clearer definition of a transgender person, including individuals with socio-cultural identities such as kinner, hijra, aravani and jogta, as well as eunuchs and persons with intersex variations or congenital differences in sex characteristics. It also includes individuals who have been compelled to adopt a transgender identity through coercion, inducement or physical procedures.

At the same time, the draft law underlines that persons with different sexual orientations and self-perceived sexual identities will not be included within the definition. The legislation also provides for the designation of an authority, defined as a medical board headed by a chief medical officer or deputy chief medical officer, which may seek expert advice where necessary.

The bill further proposes graded punishments for offences involving serious harm, including abduction and irreversible bodily injury inflicted to force individuals into a transgender identity. It also allows transgender persons who have been issued an official certificate of identity to make consequential changes to their name in birth certificates and other official documents.