The Transgender Persons (Protection of Rights) Amendment Act, 2026: What can State Governments Do?

How can State Governments use their executive powers to recognise and protect transgender rights in their States in light of the Transgender Persons (Protection of Rights) Amendment Act, 2026.

The Transgender Persons (Protection of Rights) Amendment Act, 2026 (‘Amendment Act’) came into force on May 25, 2026. While the constitutionality of the Amendment Act has been challenged before the Courts, State Governments can make rules and orders to operationalise the Amendment Act to continue to recognise and protect the rights of transgender persons in their State.

Report

Our report, using Tamil Nadu as a case study, outlines the manner in which State Governments can exercise their powers to:

  • Holistically recognise socio-cultural transgender groups prevalent in the State, 
  • Safeguard their access to State benefits,
  • Introduce protocols for medical authorities to reduce the scope for intrusive medical examinations,
  • Protect sensitive personal data particularly health data, 
  • Encourage the continuation of gender-affirming care by healthcare professionals in the State, and 
  • Mitigate the misuse of the newly introduced criminal offences.

Toolkit 

Our simple and accessible toolkit seeks to assist and inform civil society organisations in their advocacy with their State Governments. It outlines the pathways they can peruse to engage with the State Government and the principles that can inform legal advocacy for protection of transgender rights. 

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