Alerts & Updates 27th Apr 2026

IMPACT OF THE 2026 AMENDMENT TO TRANSGENDER ACT ON EMPLOYERS AND EMPLOYEES

Authors

Srivaisanavi ArumugamAssociate | Mumbai
Vivek DaswaneyPartner & Head – Employment and Labour | Mumbai

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The Transgender Persons (Protection of Rights) Amendment Act, 2026 marks a significant shift in India’s approach to gender identity, moving from a self-identification model to a more medicalised framework. While the amendment has received Presidential assent, its commencement remains pending and its constitutional validity is currently under challenge before the Supreme Court of India. 

This has placed employers in a transitional phase, particularly those who have aligned workplace policies with the 2019 regime. In the interim, a calibrated approach, anchored in continuity of existing non-discrimination and inclusion practices may help mitigate risk while maintaining workplace stability. The position will ultimately turn on how the regulatory framework is notified and how the courts shape its interpretation in the coming months.

Read the article here

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