India, Sept. 10 -- The question of a third gender identity has recently acquired a new legal dimension in India. As per the Transgender Persons (Protection of Rights) Amendment Act, passed in March 2026, transgender persons will have to prove their identity through a medical test. This was not always so. The earlier 2019 Act had defined a transgender person broadly, and expressly recognised a person's right for self identification. Medical examinations were not required, coming into play only when a person sought a revised certificate following surgery.

The 2026 Act turns that assurance on its head. It narrows the statutory definition to categories such as hijra, kinner, aravani and jogta, eunuch and intersex persons. Self identification...