Who is a Transgender?

Definition (According to the Transgender Persons (Protection of Rights) Act, 2019)

A transgender person is someone whose gender identity does not match the gender assigned at birth.

It includes:

Trans men and trans women
Persons with intersex variations (born with physical sex characteristics that do not fit typical male or female definitions)
Gender-queer persons (people whose gender identity is not exclusively male or female)
Persons with socio-cultural identities such as:
- Kinnar
- Hijra
- Aravani
- Jogta

Census Data

Census 2011 was the first Census in India to officially record the transgender population.
According to the Census, about 4.88 lakh (488,000) people identified as transgender in India.
This was the first official recognition of the transgender community in India’s population data.

Note: The figure is 4.88 lakh (488,000), not 4.8 million. The statement “4.8 million” is incorrect.

NALSA v. Union of India (2014)

Citation: (2014) 5 SCC 438

Importance: This is the landmark judgment that laid the foundation for the Transgender Persons (Protection of Rights) Act, 2019.

Background of the Case

Before 2014, transgender persons in India faced widespread discrimination.
They were denied:
- Education
- Employment
- Healthcare
- Identity documents
- Equal treatment before law
The National Legal Services Authority (NALSA) filed a Public Interest Litigation (PIL) before the Supreme Court seeking recognition and protection of transgender rights.

Issues Before the Supreme Court

The Court considered the following questions:

Whether transgender persons should be legally recognised?
Whether transgender persons are entitled to Fundamental Rights under the Constitution?
Whether a person has the right to choose their own gender identity?
What measures should the Government take for their welfare?

Judgment

On 15 April 2014, the Supreme Court delivered a historic judgment.

The Court held that transgender persons are entitled to full constitutional protection and equal rights.

Key Principles of the Judgment

1. Recognition of Third Gender

The Supreme Court legally recognised transgender persons as the “Third Gender”.
They cannot be forced to identify only as male or female.
Government authorities must recognise them in all official documents.

2. Right to Self-Identification

The Court held that:

Every person has the right to determine their own gender identity.
A transgender person may identify as:
- Male
- Female
- Third Gender
No compulsory medical examination or sex reassignment surgery should be required for legal recognition.

This principle became one of the most important aspects of transgender rights.

3. Fundamental Rights Apply to Transgender Persons

The Court held that transgender persons enjoy all Fundamental Rights guaranteed by the Constitution.

Article 14 – Equality before Law

Protects every person, including transgender persons.
Ensures equal protection of laws.

Articles 15 and 16 – Non-Discrimination

The word “sex” includes gender identity.
Therefore, discrimination on the ground of transgender identity is unconstitutional.

Article 19(1)(a) – Freedom of Expression

Includes the freedom to express one’s gender identity through:
- Dress
- Appearance
- Behaviour
- Speech

Article 21 – Right to Life and Personal Liberty

Includes:

Right to dignity
Right to privacy
Right to personal autonomy
Right to identity
Right to live with dignity

Directions Issued by the Supreme Court

The Court directed the Central and State Governments to:

A. Legal Recognition

Recognise transgender persons as the Third Gender.
Issue proper identity documents.

B. Reservation

Treat transgender persons as Socially and Educationally Backward Classes (SEBCs) and provide:

Reservation in educational institutions
Reservation in public employment

C. Healthcare

Governments should:

Establish separate HIV surveillance centres.
Provide free or affordable medical treatment.
Provide gender-affirming healthcare facilities.
Offer counselling and mental health services.

D. Welfare Measures

Governments should formulate welfare schemes relating to:

Education
Employment
Housing
Skill development
Social security
Rehabilitation

E. Public Awareness

Governments should:

Conduct awareness programmes.
Eliminate stigma and discrimination.
Promote inclusion of transgender persons in society.

Constitutional Articles Involved

Article	Provision
Article 14	Equality before law
Article 15	Prohibition of discrimination
Article 16	Equality of opportunity in public employment
Article 19(1)(a)	Freedom of speech and expression (includes gender expression)
Article 21	Right to life, dignity, privacy and identity

Significance of the Judgment

The judgment:

Recognised transgender persons as the Third Gender.
Recognised self-identification of gender as a Fundamental Right.
Expanded the meaning of “sex” under Articles 15 and 16 to include gender identity.
Guaranteed equality, dignity and non-discrimination.
Directed governments to provide reservations, welfare schemes and healthcare.
Became the constitutional foundation for transgender rights in India.

Relation with the Transgender Persons (Protection of Rights) Act, 2019

The 2019 Act was enacted after the NALSA judgment to provide statutory protection for transgender persons.

The Act incorporates several principles from NALSA:

Prohibits discrimination against transgender persons.
Recognises the right to self-perceived gender identity (subject to the Act’s certification process).
Protects rights relating to education, employment, healthcare and public services.
Requires governments to frame welfare schemes.
Promotes social inclusion and rehabilitation.

However, an important difference is:

NALSA (2014): Recognised self-identification without requiring medical procedures.
Transgender Persons (Protection of Rights) Act, 2019: Provides a certificate of identity through the District Magistrate. For a revised certificate recognising a change to male or female after gender-affirming medical intervention, the Act requires proof of such intervention. This certification framework has been the subject of criticism by activists, who argue it is less consistent with NALSA’s emphasis on self-identification.

One-Line Revision

NALSA v. Union of India (2014) is a landmark Supreme Court judgment that recognised transgender persons as the Third Gender, affirmed the right to self-identify one’s gender under the Constitution, and directed governments to provide reservations, healthcare, welfare measures, and protection from discrimination.

Navtej Singh Johar v. Union of India (2018)

Citation: (2018) 10 SCC 1

Importance: This is a landmark Supreme Court judgment that decriminalised consensual same-sex relations between adults by reading down Section 377 of the Indian Penal Code (IPC). It is one of the most significant judgments protecting the rights and dignity of LGBTQ+ persons in India.

Background of the Case

Section 377 of the IPC (1860) criminalised “carnal intercourse against the order of nature.”
Although the provision was originally broad, it was often used to prosecute or harass LGBTQ+ persons, particularly gay, lesbian, bisexual, and transgender individuals.
In Suresh Kumar Koushal v. Naz Foundation (2013), the Supreme Court upheld Section 377.
In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognised the right to privacy as a Fundamental Right, paving the way for reconsideration of Section 377.
Navtej Singh Johar and others challenged the constitutional validity of Section 377.

Issues Before the Supreme Court

The Court considered whether:

Section 377 violated the Fundamental Rights of LGBTQ+ persons.
Consensual same-sex relations between adults could be criminalised.
Sexual orientation is protected under the Constitution.
LGBTQ+ persons are entitled to equality, dignity, privacy and liberty.

Judgment

On 6 September 2018, a Constitution Bench of five judges unanimously delivered its judgment.

The Supreme Court partially struck down Section 377 IPC.

The Court held that:

Consensual sexual relations between adults, regardless of gender, are not a criminal offence.
Section 377 would continue to apply to:
- Non-consensual sexual acts
- Sexual offences involving minors
- Bestiality

Key Principles of the Judgment

1. Equality Before Law

The Court held that LGBTQ+ persons are entitled to equal protection of the Constitution.

They cannot be discriminated against merely because of their sexual orientation.

2. Sexual Orientation is an Integral Part of Identity

The Court observed that:

Sexual orientation is a natural and innate characteristic.
It forms an essential part of a person’s identity.
No person should be punished for expressing their identity.

3. Right to Privacy

The Court reaffirmed that:

Privacy includes the freedom to choose one’s intimate partner.
The State cannot interfere in the private, consensual relationships of adults.

This principle flows from Article 21 of the Constitution.

4. Right to Dignity

The Court held that:

Every individual has the right to live with dignity.
Criminalising consensual same-sex relationships violates human dignity.

5. Constitutional Morality over Social Morality

The Court emphasised that:

Constitutional values must prevail over popular prejudice or social morality.
The rights of minorities cannot depend on majority approval.

Constitutional Articles Involved

Article	Provision
Article 14	Equality before law
Article 15	Prohibition of discrimination
Article 19(1)(a)	Freedom of expression, including expression of identity
Article 21	Right to life, liberty, privacy and dignity

Section 377 IPC

Before the Judgment

Criminalised consensual same-sex relations.
Frequently used to harass LGBTQ+ persons.

After the Judgment

Section 377 no longer applies to:

Consensual sexual relations between adults.

It continues to apply to:

Non-consensual sexual acts.
Sexual offences involving children.
Bestiality.

Relation with the Transgender Persons (Protection of Rights) Act, 2019

Although Navtej Singh Johar was not directly about the Transgender Persons (Protection of Rights) Act, 2019, it significantly strengthened the constitutional protection available to transgender and other LGBTQ+ persons.

The judgment:

Affirmed the dignity and equality of LGBTQ+ persons, including transgender persons.
Recognised that identity and sexual orientation are protected under the Constitution.
Reinforced the principles of non-discrimination reflected in the 2019 Act.
Supported the right of transgender persons to live freely without fear of criminalisation based on consensual adult relationships.

Difference Between NALSA (2014) and Navtej Singh Johar (2018)

NALSA (2014)	Navtej Singh Johar (2018)
Recognised transgender persons as the Third Gender.	Decriminalised consensual same-sex relations between adults.
Focused on gender identity.	Focused on sexual orientation.
Recognised the right to self-identify one’s gender.	Recognised sexual orientation as an intrinsic part of identity.
Directed reservations, healthcare and welfare measures.	Protected privacy, dignity, equality and autonomy in intimate relationships.

Significance of the Judgment

The judgment:

Decriminalised consensual same-sex relations between adults.
Recognised LGBTQ+ persons as equal citizens under the Constitution.
Affirmed that sexual orientation is an essential attribute of identity.
Strengthened the rights to privacy, dignity, equality and liberty.
Marked a major step toward eliminating discrimination against LGBTQ+ persons.
Complemented the constitutional principles recognised in NALSA (2014) and reinforced the broader framework of rights reflected in the Transgender Persons (Protection of Rights) Act, 2019.

One-Line Revision

Navtej Singh Johar v. Union of India (2018) is a landmark Supreme Court judgment that partially struck down Section 377 IPC by decriminalising consensual same-sex relations between adults and affirming that LGBTQ+ persons are entitled to equality, privacy, dignity, liberty and constitutional protection under Articles 14, 15, 19(1)(a) and 21.

Government Initiatives for Transgender Persons

1. Transgender Persons (Protection of Rights) Rules, 2020

Background

The Transgender Persons (Protection of Rights) Rules, 2020 were framed under the Transgender Persons (Protection of Rights) Act, 2019.
They came into force to implement the provisions of the 2019 Act.

Objectives

The Rules aim to:

Recognise the identity of transgender persons.
Ensure protection from discrimination.
Provide a simple procedure for obtaining a Certificate of Identity.
Protect the rights and dignity of transgender persons.

Protection Against Discrimination

The Rules prohibit discrimination in:

Education
Employment
Healthcare
Housing
Holding or disposing of property
Holding public or private office
Access to public services
Government welfare benefits

2. National Portal for Transgender Persons

Launched By

Ministry of Social Justice and Empowerment

Purpose

The portal enables transgender persons to apply online for:

Certificate of Identity
Transgender Identity Card

Features

Online application from anywhere in India.
No need for repeated physical visits to government offices.
Track application status online.
Check approval or rejection status.
Online grievance redressal.
Ensures transparency and efficiency.

Importance

Makes the certification process easier.
Reduces harassment and delays.
Promotes digital governance.
Implemented in accordance with the Transgender Persons (Protection of Rights) Rules, 2020.

3. Garima Greh (Shelter Home for Transgender Persons)

Launched

November 2020
By the Ministry of Social Justice and Empowerment

Objective

To provide safe shelter and rehabilitation for transgender persons who are homeless, abandoned or in need of support.

Facilities Provided

Garima Greh provides:

Safe accommodation
Food
Clothing
Medical care
Recreational facilities
Skill development and vocational training
Yoga and physical fitness
Library facilities
Legal aid and counselling
Guidance for gender transition and surgeries
Employment assistance
Capacity building of transgender-friendly organisations

Coverage

Each shelter home aims to rehabilitate at least 25 transgender persons.
Initially, 13 shelter homes were planned across 10 cities.

4. Recognition of Transgender Persons in Indian Prisons

Advisory by Ministry of Home Affairs (MHA)

January 2022
The Ministry of Home Affairs (MHA) issued an advisory to all States and Union Territories.

Objective

To ensure:

Privacy
Dignity
Safety
Respectful treatment of transgender inmates in prisons.

Key Points

Prison authorities should protect transgender prisoners from discrimination and violence.
Separate arrangements should be made wherever necessary while respecting their dignity.

NCRB Data

According to the National Crime Records Bureau (NCRB),
70 transgender prisoners were lodged in Indian prisons in 2020.

Existing Legal Position

The Prisons Act, 1894 does not recognise transgender persons or other sexual minorities as a separate category of prisoners.
It classifies prisoners only as:
- Women
- Young offenders
- Undertrials
- Convicts
- Civil prisoners
- Detenues
- High-security prisoners

This highlights the need for prison reforms to better protect transgender persons.

Other Important Government Measures

SMILE Scheme (Support for Marginalised Individuals for Livelihood and Enterprise) includes welfare measures for transgender persons, such as rehabilitation, education, skill development and livelihood support.
Financial assistance and awareness programmes are also being implemented through the Ministry of Social Justice and Empowerment.

Quick Revision Table

Initiative	Year	Purpose
Transgender Persons (Protection of Rights) Rules	2020	Implements the 2019 Act and protects transgender rights.
National Portal for Transgender Persons	2020	Online application for Certificate of Identity and ID Card.
Garima Greh	2020	Shelter, rehabilitation, healthcare, legal aid and skill development.
MHA Prison Advisory	2022	Ensures privacy, dignity and protection of transgender inmates.
SMILE Scheme	2022	Rehabilitation, livelihood support and social inclusion of transgender persons.

One-Line Revision

The Government has taken several initiatives for transgender persons, including the Transgender Persons (Protection of Rights) Rules, 2020, the National Portal for Transgender Persons, Garima Greh shelter homes, the 2022 MHA advisory for transgender prisoners, and the SMILE Scheme to promote equality, dignity, rehabilitation and social inclusion.

Chapter II – Prohibition Against Discrimination

Section 3 – Prohibition Against Discrimination

(Transgender Persons (Protection of Rights) Act, 2019)

Overview

Section 3 of the Transgender Persons (Protection of Rights) Act, 2019 prohibits discrimination against transgender persons by any person or establishment.

It ensures that transgender persons are treated equally and are not denied opportunities, services, or benefits because of their gender identity.

Section 3 – Grounds on Which Discrimination is Prohibited

Section 3(a) – Education

No transgender person shall be discriminated against in:

Admission to educational institutions.
Access to educational services and facilities.
Continuation of education.
Any other educational opportunity.

Example: Refusing admission to a student because they are transgender is prohibited.

Section 3(b) – Employment

No transgender person shall face unfair treatment in:

Employment.
Recruitment.
Promotion.
Working conditions.
Occupation or profession.

Example: Paying a transgender employee less than others for the same work is prohibited.

Section 3(c) – Denial or Termination of Employment

No employer shall:

Deny employment.
Dismiss or terminate employment.
Remove a person from an occupation solely because they are transgender.

Example: Firing an employee after learning they are transgender is prohibited.

Section 3(d) – Healthcare

No transgender person shall be denied:

Medical treatment.
Hospital services.
Health insurance.
Healthcare facilities.

They must receive equal healthcare without discrimination.

Section 3(e) – Access to Public Goods and Services

A transgender person cannot be denied access to:

Goods
Accommodation
Hotels
Restaurants
Public transport
Government services
Banking services
Public facilities
Benefits
Privileges
Opportunities available to the general public

Example: Refusing hotel accommodation because a person is transgender is prohibited.

Section 3(f) – Right to Movement

No transgender person shall be unfairly restricted in:

Travelling.
Moving freely.
Accessing public places.

They have the same freedom of movement as every other citizen.

Section 3(g) – Property Rights

No transgender person shall be denied the right to:

Reside in a house.
Purchase property.
Rent property.
Occupy property.

Example: Refusing to rent a house to a transgender person is prohibited.

Section 3(h) – Public or Private Office

A transgender person cannot be denied the opportunity to:

Contest elections (subject to applicable laws).
Hold public office.
Hold private office.
Participate in organisations or institutions.

Equal opportunity must be provided.

Section 3(i) – Government or Private Establishments

A transgender person cannot be:

Denied entry.
Removed unfairly.
Treated unfairly.

This applies to any Government or private establishment where the person is under care, protection, or custody.

Examples include:

Hospitals
Shelter homes
Rehabilitation centres
Educational institutions
Care homes
Other public or private establishments

Key Features of Section 3

Prohibits discrimination against transgender persons.
Applies to all persons and establishments.
Ensures equality in education, employment, healthcare, housing and public life.
Protects access to public goods, services and opportunities.
Safeguards dignity and equal treatment.

Quick Revision Table

Section	Subject	Protection Provided
Section 3(a)	Education	No discrimination in education or educational services.
Section 3(b)	Employment	No unfair treatment in employment or occupation.
Section 3(c)	Employment Security	No denial or termination of employment.
Section 3(d)	Healthcare	Equal access to healthcare services.
Section 3(e)	Public Services	Equal access to goods, accommodation, services, facilities, benefits and opportunities.
Section 3(f)	Movement	Freedom of movement without discrimination.
Section 3(g)	Property	Right to reside, purchase, rent or occupy property.
Section 3(h)	Public/Private Office	Equal opportunity to stand for or hold public or private office.
Section 3(i)	Care and Custody	No denial of access or unfair treatment in Government or private establishments.

Chapter III – Recognition of Identity of Transgender Persons

(Sections 4 to 7)

Overview

Chapter III of the Act provides for the legal recognition of transgender persons, their right to self-perceived gender identity, and the procedure for obtaining a Certificate of Identity and a Revised Certificate after gender-affirming medical intervention.

Section 4 – Recognition of Identity of Transgender Persons

Section 4(1) – Right to Recognition

Every transgender person has the right to be legally recognised as a transgender person under the Act.

Purpose

Provides legal recognition and protection of identity.

Section 4(2) – Right to Self-Perceived Gender Identity

Every recognised transgender person has the right to self-perceived gender identity.

Meaning

A person has the right to identify their own gender according to their self-perception.

Section 5 – Application for Certificate of Identity

A transgender person may apply to the District Magistrate (DM) for a Certificate of Identity.

Important Points

Application must be made in the prescribed form.
Necessary documents must be attached.
The application is submitted to the District Magistrate (DM).

For a Minor

If the applicant is a minor, the application must be made by the:
- Parent, or
- Legal guardian.

Section 6 – Issue of Certificate of Identity

Section 6(1)

After receiving the application, the District Magistrate shall:

Follow the prescribed procedure.
Issue a Certificate of Identity.
Record the applicant’s gender as Transgender.

Section 6(2)

After the certificate is issued:

The person’s gender as Transgender must be recorded in all official documents.

Examples include:

Aadhaar Card
Passport
Voter ID
Driving Licence
Educational Certificates
Other Government records

Section 6(3)

The Certificate of Identity:

Is legal proof of recognition as a transgender person.
Confers rights under the Act.
Can be used for updating official records.

Section 7 – Revised Certificate After Gender-Affirming Medical Intervention

Section 7(1)

If a transgender person, after obtaining a Certificate of Identity under Section 6, undergoes gender-affirming surgery or other medical intervention to be recognised as male or female, they may apply to the District Magistrate for a Revised Certificate of Identity.

The application must include:

A certificate from the Medical Superintendent or Chief Medical Officer of the medical institution where the procedure was performed.

Section 7(2)

The District Magistrate shall:

Verify the medical certificate.
If satisfied, issue a Revised Certificate indicating the person’s gender as Male or Female, as applicable.

Section 7(3)

After receiving the Revised Certificate, the person can:

Change their first name.
Update their gender in:
- Birth Certificate
- Aadhaar Card
- Passport
- Voter ID
- Educational Certificates
- Other official identity documents.
Protection of Rights

Changing the gender marker or obtaining a Revised Certificate does not affect any rights or entitlements available under the Act.

Quick Revision Table

Section	Subject	Key Provision
Section 4(1)	Recognition	Right to be legally recognised as a transgender person.
Section 4(2)	Gender Identity	Right to self-perceived gender identity.
Section 5	Application	Apply to the District Magistrate for a Certificate of Identity (parent/guardian applies for a minor).
Section 6(1)	Certificate	District Magistrate issues the Certificate of Identity as transgender.
Section 6(2)	Official Records	Gender recorded in all official documents.
Section 6(3)	Legal Proof	Certificate is proof of transgender identity and confers rights under the Act.
Section 7(1)	Revised Certificate	Apply for a revised certificate after gender-affirming medical intervention with a medical certificate.
Section 7(2)	Revised Gender	District Magistrate issues a revised certificate indicating male or female, if satisfied.
Section 7(3)	Change in Documents	First name and gender can be changed in official documents without affecting rights under the Act.

Chapter IV – Welfare Measures by Government

Section 8 – Welfare Measures

Transgender Persons (Protection of Rights) Act, 2019

Overview

Section 8 of the Transgender Persons (Protection of Rights) Act, 2019 places a duty on the appropriate Government (Central or State Government, as applicable) to protect the rights, welfare, and social inclusion of transgender persons.

The Government must ensure that transgender persons can live with equality, dignity, and full participation in society.

Section 8(1) – Social Inclusion

The appropriate Government shall take steps to:

Ensure the full and effective participation of transgender persons in society.
Promote their social inclusion.
Remove barriers that prevent equal opportunities.

Purpose

Integrate transgender persons into mainstream society.
Promote equality and dignity.

Section 8(2) – Welfare Measures

The Government shall:

Protect the rights and interests of transgender persons.
Frame welfare measures for their benefit.
Ensure easy access to government welfare schemes.

Examples of Welfare Measures

Education assistance
Scholarships
Skill development
Employment support
Healthcare
Housing assistance
Social security schemes

Section 8(3) – Transgender-Sensitive Welfare Schemes

The Government shall formulate welfare schemes and programmes that are:

Transgender-sensitive – designed to meet the specific needs of transgender persons.
Non-stigmatising – free from prejudice, stereotypes, or social stigma.
Non-discriminatory – available without unfair treatment.

Objective

To ensure equal access to public services and opportunities.

Section 8(4) – Rescue, Protection and Rehabilitation

The Government shall take steps for:

Rescue of transgender persons in need.
Protection from abuse, violence or exploitation.
Rehabilitation and social reintegration.

Rehabilitation may include:

Shelter homes
Counselling
Healthcare
Legal aid
Skill training
Employment assistance

Section 8(5) – Cultural and Recreational Participation

The Government shall promote and protect the right of transgender persons to participate in:

Cultural programmes
Sports
Recreational activities
Arts and cultural events
Community activities

Objective

To ensure that transgender persons can participate equally in social and cultural life without discrimination.

Quick Revision Table

Section	Subject	Key Provision
Section 8(1)	Social Inclusion	Ensure full and effective participation of transgender persons in society.
Section 8(2)	Welfare Measures	Protect rights and provide access to government welfare schemes.
Section 8(3)	Welfare Schemes	Frame transgender-sensitive, non-stigmatising and non-discriminatory programmes.
Section 8(4)	Rescue & Rehabilitation	Rescue, protect and rehabilitate transgender persons in need.
Section 8(5)	Cultural Participation	Promote participation in cultural, sports and recreational activities.

Chapter V – Obligations of Establishments and Other Persons

Sections 9–12

Transgender Persons (Protection of Rights) Act, 2019

Overview

Chapter V lays down the duties of establishments (Government and private) and protects the rights of transgender persons, especially in employment and family life.

It ensures that transgender persons are treated with equality, dignity, and respect at the workplace and within their families.

Section 9 – Non-Discrimination in Employment

No establishment shall discriminate against a transgender person in any employment-related matter.

Protection Covers

Recruitment
Appointment
Promotion
Transfer
Training
Salary and benefits
Working conditions
Any other employment-related issue

Example

An employer cannot refuse to hire or promote a qualified person simply because they are transgender.

Section 10 – Duty of Every Establishment

Every establishment must:

Comply with the provisions of the Transgender Persons (Protection of Rights) Act, 2019.
Provide facilities for transgender persons as prescribed under the Act and Rules.
Ensure a safe, inclusive and non-discriminatory environment.

Examples of Facilities

Equal opportunity at the workplace
Non-discriminatory policies
Appropriate workplace facilities
Respectful treatment of transgender employees

Section 11 – Complaint Officer

Every establishment must appoint a Complaint Officer.

Duties of the Complaint Officer

Receive complaints from transgender persons.
Deal with complaints regarding discrimination or violation of the Act.
Ensure complaints are addressed in accordance with the law.

Objective

To provide a grievance redressal mechanism within every establishment.

Section 12 – Rights of Transgender Children and Family Protection

Section 12(1) – Protection from Separation

A transgender child cannot be separated from their parents or immediate family only because they are transgender.

Exception

Separation is allowed only if a competent court orders it in the best interests of the child.

Section 12(2) – Right to Reside with Family

Every transgender person has the right to:

Section 12(2)(a)

Live in the household where their parents or immediate family members reside.

Section 12(2)(b)

Not be excluded or forced to leave the family home.

Section 12(2)(c)

Use all household facilities equally and without discrimination.

Examples include:

Food
Shelter
Education
Utilities
Other family facilities

Section 12(3) – Rehabilitation

If the parents or immediate family are unable to care for a transgender person, the competent court may order that the person be placed in a rehabilitation centre.

Purpose

Ensure protection and proper care.
Provide shelter, counselling and support.
Promote rehabilitation and social welfare.

Quick Revision Table

Section	Subject	Key Provision
Section 9	Employment	No discrimination in recruitment, promotion or any employment-related matter.
Section 10	Duty of Establishments	Every establishment must comply with the Act and provide prescribed facilities.
Section 11	Complaint Officer	Every establishment must appoint a Complaint Officer to handle complaints.
Section 12(1)	Family Protection	A transgender child cannot be separated from parents except by a competent court in the child’s best interest.
Section 12(2)(a)	Residence	Right to live with parents or immediate family.
Section 12(2)(b)	Protection from Exclusion	Right not to be excluded from the family home.
Section 12(2)(c)	Equal Facilities	Right to use household facilities without discrimination.
Section 12(3)	Rehabilitation	Court may place a transgender person in a rehabilitation centre if the family is unable to provide care.

Chapter VI – Education, Social Security and Health of Transgender Persons

Sections 13–15

Overview

Chapter VI ensures that transgender persons receive equal opportunities in education, livelihood, social security and healthcare.

It places a responsibility on the appropriate Government to provide inclusive education, welfare schemes and quality healthcare services.

Section 13 – Inclusive Education

Every educational institution funded or recognised by the appropriate Government must provide equal educational opportunities to transgender persons.

Institutions Must Ensure

Inclusive education without discrimination.
Equal opportunities in admission and learning.
Participation in sports.
Participation in recreational activities.
Participation in leisure activities.

Objective

Promote equality in education.
Create a safe and inclusive learning environment.
Prevent discrimination against transgender students.

Section 14 – Social Security and Livelihood

The appropriate Government shall formulate welfare schemes and programmes to support the livelihood of transgender persons.

Welfare Measures Include

Skill development programmes.
Vocational training.
Self-employment opportunities.
Financial and livelihood support.
Employment generation.

Objective

Improve economic independence.
Enhance employment opportunities.
Promote social security and rehabilitation.

Section 15 – Healthcare Measures

The appropriate Government must take special measures to improve the health of transgender persons.

Section 15(a) – HIV Sero-Surveillance Centres

The Government shall:

Establish separate Human Immunodeficiency Virus (HIV) Sero-Surveillance Centres for transgender persons.
Conduct HIV surveillance according to the guidelines of the National AIDS Control Organisation (NACO).

Objective

Monitor and prevent HIV infection.
Improve public health services for transgender persons.

Section 15(b) – Medical Care

The Government shall provide medical facilities, including:

Gender-affirming medical care (the Act refers to sex reassignment surgery).
Hormonal therapy.
Other necessary healthcare services.

Objective

Ensure access to appropriate medical treatment for transgender persons.

Section 15(c) – Counselling

The Government shall provide counselling:

Before gender-affirming medical intervention.
After gender-affirming medical intervention.
During hormonal therapy.

Purpose

Mental health support.
Medical guidance.
Emotional well-being.

Section 15(d) – Health Manual

The Government shall prepare a Health Manual relating to gender-affirming healthcare in accordance with the guidelines of the World Professional Association for Transgender Health (WPATH).

Purpose

Standardise healthcare practices.
Improve the quality of treatment.
Provide guidance to healthcare professionals.

Section 15(e) – Medical Education and Research

The Government shall:

Review the medical curriculum.
Promote research on transgender health issues.
Train doctors and healthcare professionals.

Objective

Improve awareness and healthcare services for transgender persons.

Section 15(f) – Access to Healthcare

The Government shall ensure that transgender persons have easy access to:

Hospitals.
Clinics.
Healthcare institutions.
Medical centres.

Objective

Provide healthcare without discrimination.

Section 15(g) – Health Insurance

The Government shall provide comprehensive health insurance covering medical expenses for:

Gender-affirming surgery (referred to in the Act as sex reassignment surgery).
Hormonal therapy.
Laser therapy.
Other health-related needs of transgender persons.

Objective

Reduce financial burden and improve access to healthcare.

Quick Revision Table

Section	Subject	Key Provision
Section 13	Education	Inclusive education and equal opportunities in sports, recreation and leisure.
Section 14	Social Security	Welfare schemes, vocational training, self-employment and livelihood support.
Section 15(a)	HIV Care	Set up HIV Sero-Surveillance Centres as per NACO guidelines.
Section 15(b)	Medical Care	Provide gender-affirming medical care (including surgery as referred to in the Act) and hormonal therapy.
Section 15(c)	Counselling	Counselling before and after medical intervention and during hormonal therapy.
Section 15(d)	Health Manual	Prepare a Health Manual following WPATH guidelines.
Section 15(e)	Medical Education	Review medical curriculum and promote research on transgender health.
Section 15(f)	Healthcare Access	Ensure access to hospitals and healthcare institutions.
Section 15(g)	Health Insurance	Comprehensive insurance for gender-affirming care and other health needs.

Chapter VII – National Council for Transgender Persons

Sections 16–17

Overview

Chapter VII provides for the establishment of the National Council for Transgender Persons (NCTP).

The Council is a statutory body constituted by the Central Government to advise, monitor and coordinate measures for the welfare, protection and inclusion of transgender persons in India.

Section 16 – Constitution of the National Council for Transgender Persons

Section 16(1) – Establishment

The Central Government shall constitute the National Council for Transgender Persons (NCTP) by issuing a notification.
The Council exercises the powers and performs the functions assigned under the Act.

Section 16(2) – Composition of the National Council

(a) Chairperson

Union Minister of Social Justice and Empowerment
Ex-officio Chairperson

(b) Vice-Chairperson

Minister of State, Ministry of Social Justice and Empowerment
Ex-officio Vice-Chairperson

(c) Member

Secretary, Ministry of Social Justice and Empowerment
Ex-officio Member

(d) Representatives from Central Ministries

One representative (not below the rank of Joint Secretary) from:

Ministry of Health and Family Welfare
Ministry of Home Affairs
Ministry of Housing and Urban Affairs
Ministry of Minority Affairs
Ministry of Human Resource Development (now Ministry of Education)
Ministry of Rural Development
Ministry of Labour and Employment
Department of Legal Affairs
Department of Pension and Pensioners’ Welfare
NITI Aayog

All are Ex-officio Members.

(e) Representatives from National Commissions

One representative each from:

National Human Rights Commission (NHRC)
National Commission for Women (NCW)

Not below the rank of Joint Secretary.

(f) Representatives of States and Union Territories

One representative each from:
- North
- South
- East
- West
- North-East
Nominated by the Central Government.
Serve on a rotational basis.

(g) Representatives of the Transgender Community

Five representatives from the transgender community.
One each from:
- North
- South
- East
- West
- North-East
Nominated by the Central Government.
Serve on a rotational basis.

(h) NGO / Expert Representatives

Five experts representing:
- Non-Governmental Organisations (NGOs)
- Associations working for the welfare of transgender persons.
Nominated by the Central Government.

(i) Member Secretary

Joint Secretary, Ministry of Social Justice and Empowerment dealing with transgender welfare.
Ex-officio Member Secretary

Section 16(3) – Term of Office

Members who are not ex-officio members hold office for 3 years from the date of nomination.

Section 17 – Functions of the National Council

The National Council performs the following functions:

Section 17(a) – Advise the Central Government

The Council advises the Central Government on:

Policies
Programmes
Legislation
Projects
Welfare measures for transgender persons

Section 17(b) – Monitor and Evaluate

The Council monitors and evaluates:

Government policies
Welfare programmes
Their effectiveness in achieving:
- Equality
- Social inclusion
- Full participation of transgender persons

Section 17(c) – Coordination

The Council coordinates and reviews the work of:

Central Government Departments
State Governments
Government agencies
Non-Governmental Organisations (NGOs)

working on transgender welfare.

Section 17(d) – Grievance Redressal

The Council addresses the grievances and complaints of transgender persons regarding issues affecting their rights and welfare.

Section 17(e) – Other Functions

The Council performs any other functions assigned by the Central Government through rules or notifications.

Quick Revision Table

Section	Subject	Key Provision
Section 16(1)	Establishment	Central Government shall constitute the National Council for Transgender Persons (NCTP).
Section 16(2)	Composition	Includes Chairperson, Vice-Chairperson, Ministry representatives, NHRC, NCW, States/UTs, transgender community members, NGOs and Member Secretary.
Section 16(3)	Term	Non-ex-officio members hold office for 3 years.
Section 17(a)	Advice	Advises the Central Government on policies, laws and programmes.
Section 17(b)	Monitoring	Monitors and evaluates welfare policies and programmes.
Section 17(c)	Coordination	Coordinates Government departments and NGOs working for transgender welfare.
Section 17(d)	Grievance Redressal	Redresses grievances of transgender persons.
Section 17(e)	Other Functions	Performs additional functions assigned by the Central Government.

Chapter VIII – Offences and Penalties

Section 18 – Offences and Punishment

Overview

Section 18 of the Transgender Persons (Protection of Rights) Act, 2019 specifies offences committed against transgender persons and prescribes punishment for those offences.

The purpose of this section is to protect transgender persons from exploitation, violence, abuse and discrimination.

Section 18 – Offences

A person commits an offence if they engage in any of the following acts against a transgender person:

Section 18(a) – Forced or Bonded Labour

No person shall:

Force a transgender person to perform labour against their will.
Compel them to engage in bonded labour.
Exploit them through forced work.

Exception

Compulsory public service imposed by the Government according to law is not an offence.

Section 18(b) – Denial of Access to Public Places

No person shall:

Prevent a transgender person from entering a public place.
Deny them the right to use public facilities.
Obstruct their access to places that are open to the general public.

Examples

Parks
Roads
Government offices
Schools
Hospitals
Markets
Public transport

Section 18(c) – Forcing a Person to Leave Home

No person shall:

Force a transgender person to leave:
- Their house
- Their village
- Their place of residence

Objective

To protect transgender persons from family or community-based eviction and homelessness.

Section 18(d) – Harm, Abuse or Endangerment

No person shall:

Harm or injure a transgender person.
Endanger their life or safety.
Affect their physical or mental health.
Threaten their overall well-being.

The Act specifically includes:

Physical abuse – assault or bodily harm.
Sexual abuse – sexual violence or exploitation.
Verbal and emotional abuse – insults, threats, humiliation or harassment.
Economic abuse – denying financial resources, property, employment or livelihood.

Punishment under Section 18

Any person who commits an offence under Section 18 shall be punished with:

Imprisonment: Minimum 6 months, which may extend up to 2 years.
Fine: The court may also impose a fine.

Quick Revision Table

Section	Offence	Protection
18(a)	Forced or bonded labour	No person can compel a transgender person to perform forced or bonded labour.
18(b)	Access to public places	No denial of entry or use of public places and facilities.
18(c)	Forced eviction	No person can force a transgender person to leave their home, village or place of residence.
18(d)	Abuse and harm	Protects against physical, sexual, verbal, emotional and economic abuse, and any act endangering life, safety or health.

Punishment

Offence	Punishment
Any offence under Section 18	Imprisonment of not less than 6 months and up to 2 years, along with fine.

Chapter IX – Miscellaneous

Sections 19–23

Overview

Chapter IX contains miscellaneous provisions relating to:

Funding of the National Council
Relationship with other laws
Protection of Government officials acting in good faith
Rule-making powers of the Government
Removal of difficulties in implementing the Act

Section 19 – Grants to the National Council

The Central Government shall provide financial assistance (grants) to the National Council for Transgender Persons (NCTP).

Key Points

Funds are provided after approval by Parliament.
The money is used to carry out the objectives of the Act.
It helps the National Council perform its functions effectively.

Section 20 – Act in Addition to Other Laws

The provisions of this Act are in addition to other existing laws.

Meaning

The Act does not replace or override other laws.
It provides additional legal protection to transgender persons.
Other beneficial laws continue to apply.

Section 21 – Protection of Action Taken in Good Faith

No legal action can be taken against:

The appropriate Government
Any local authority
Any Government officer

for actions taken in good faith under this Act or the Rules.

Meaning of “Good Faith”

An action honestly taken with lawful intention while performing official duties.

Purpose

Protects officials from unnecessary legal proceedings when they act honestly and according to the law.

Section 22 – Power to Make Rules

The appropriate Government (Central or State Government, as applicable) may make Rules to implement the Act.

Rules are made by issuing a notification, after prior publication.

Section 22(2) – Matters for Which Rules May Be Made

The Rules may prescribe:

Section 22(2)(a)

Form and procedure for applying for a Certificate of Identity under Section 5.

Section 22(2)(b)

Procedure, form and time limit for issuing the Certificate of Identity under Section 6.

Section 22(2)(c)

Form and procedure for applying for a Revised Certificate under Section 7.

Section 22(2)(d)

Form, procedure and time limit for issuing a Revised Certificate.

Section 22(2)(e)

Welfare measures to be provided under Section 8.

Section 22(2)(f)

Facilities that establishments must provide under Section 10.

Section 22(2)(g)

Additional functions of the National Council for Transgender Persons under Section 17.

Section 22(2)(h)

Any other matter required under the Act.

Section 22(3) – Parliamentary Oversight

Every Rule made by the Central Government must be placed before both Houses of Parliament.
Parliament may:
- Approve the Rule.
- Modify the Rule.
- Cancel (annul) the Rule.

Section 22(4) – State Legislature Oversight

Every Rule made by a State Government must be placed before the State Legislature.

Section 23 – Power to Remove Difficulties

If any difficulty arises in implementing the Act:

The Central Government may issue an order published in the Official Gazette to remove the difficulty.

Conditions

The order must be consistent with the Act.
This power can be exercised only within two years from the commencement of the Act.

Section 23(2)

Every order issued under this section must be laid before both Houses of Parliament.

Quick Revision Table

Section	Subject	Key Provision
Section 19	Grants	Central Government provides funds to the National Council after Parliamentary approval.
Section 20	Relation with Other Laws	The Act is in addition to, and not in derogation of, other laws.
Section 21	Good Faith Protection	Protects Government, local authorities and officials from legal proceedings for actions taken in good faith.
Section 22(1)	Rule-Making Power	Appropriate Government may make Rules to implement the Act.
Section 22(2)	Matters for Rules	Rules may cover identity certificates, welfare measures, facilities, National Council functions and other matters.
Section 22(3)	Parliament	Central Government Rules must be laid before both Houses of Parliament.
Section 22(4)	State Legislature	State Government Rules must be laid before the State Legislature.
Section 23(1)	Removal of Difficulties	Central Government may issue orders to remove implementation difficulties within 2 years of the Act’s commencement.
Section 23(2)	Parliamentary Oversight	Such orders must be laid before both Houses of Parliament.

Transgender Persons (Protection of Rights) Amendment Act, 2026

Note: The Transgender Persons (Protection of Rights) Amendment Act, 2026 amended the Transgender Persons (Protection of Rights) Act, 2019.

Objective

The Amendment Act was enacted to revise certain provisions of the 2019 Act relating to:

Definition of transgender person
Recognition of identity
Certificate of Identity
Offences and penalties

1. Amendment to Definition of “Transgender Person”

Before (2019 Act)

A transgender person was defined as a person whose gender does not match the gender assigned at birth.

The definition included:

Trans men
Trans women
Persons with intersex variations
Genderqueer persons
Kinnar
Hijra
Aravani
Jogta

After the 2026 Amendment

The definition was revised to include:

Kinner
Hijra
Aravani
Jogta
Eunuch
Persons with intersex variations
Persons compelled to assume a transgender identity through:
- Mutilation
- Emasculation
- Castration
- Certain medical procedures

Important Change

The terms:

Trans men
Trans women
Genderqueer persons

were removed from the statutory definition.

2. Right to Self-Perceived Gender Identity

Before (2019 Act)

Section 4(2) stated that:

Every transgender person has the right to self-perceived gender identity.

After the 2026 Amendment

The express provision recognising the right to self-perceived gender identity was removed from the Act.

3. Certificate of Identity

Before

A transgender person applied to the District Magistrate (DM).
The District Magistrate issued the Certificate of Identity under the prescribed procedure.

After the Amendment

The District Magistrate now issues the Certificate after considering the recommendation of a designated Medical Board.
The Medical Board is headed by:
- Chief Medical Officer (CMO), or
- Deputy Chief Medical Officer (Deputy CMO).

4. Change of Name and Official Documents

The Amendment clarifies that after receiving a Certificate of Identity, a person may update:

Birth Certificate
Aadhaar Card
Passport
Educational Certificates
Other Government records

This helps ensure that official documents match the person’s recognised identity.

5. Offences and Penalties

The Amendment revised certain provisions relating to offences and penalties.

However, the Act continues to punish offences such as:

Forced or bonded labour
Denial of access to public places
Forced eviction from home or residence
Physical abuse
Sexual abuse
Verbal and emotional abuse
Economic abuse

Quick Comparison Table

Provision	2019 Act	2026 Amendment
Definition	Included trans men, trans women, genderqueer persons, intersex persons and socio-cultural identities	Revised definition; includes Kinner, Hijra, Aravani, Jogta, Eunuch, persons with intersex variations and certain other specified categories
Self-Perceived Gender Identity	Expressly recognised under Section 4(2)	Express provision removed
Certificate of Identity	Issued by District Magistrate	Issued by District Magistrate after recommendation of a Medical Board
Official Documents	Identity documents could be updated	Clarified that name and identity documents may be updated based on the certificate
Offences and Penalties	Protection against abuse and discrimination	Certain provisions revised while continuing protection against offences