THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

CHAPTER I 

PRELIMINARY 

1.  Short title, extent and commencement. 
2.  Definitions. 

3.  Prohibition against discrimination. 

CHAPTER II 
PROHIBITION AGAINST DISCRIMINATION 

CHAPTER III 

RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS 

4.  Recognition of identity of transgender person. 
5.  Application for certificate of identity. 
6.  Issue of certificate of identity. 
7.  Change in gender. 

CHAPTER IV 

WELFARE MEASURES BY GOVERMENT 

8.  Obligation of appropriate Government. 

CHAPTER V 
OBLIGATION OF ESTABLISHMENTS AND OTHER PERSONS 

9.  Non-discrimination in employment. 
10.  Obligations of establishments. 
11. Grievance redressal mechanism. 
12. Right of residence. 

CHAPTER VI 

EDUCATION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS 

13. Obligation of educational institutions to provide inclusive education to transgender persons. 
14. Vocational training and self-employment. 
15. Healthcare facilities. 

CHAPTER VII 

NATIONAL COUNCIL FOR TRANGENDER PERSONS 

16. National Council for Transgender Persons. 
17. Functions of Council. 

18. Offences and penalties. 

CHAPTER VIII 

OFFENCES AND PENALTIES 

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CHAPTER IX 

MISCELLANEOUS 

SECTIONS 

19. Grants by Central Government. 
20. Act not in derogation of any other law. 
21. Protection of action taken in good faith. 
22. Power of appropriate Government to make rules. 
23. Power to remove difficulties. 

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THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 

ACT NO. 40 OF 2019 

An Act  to provide for protection of rights of transgender persons and their  welfare and for matters 

connected therewith and incidental thereto. 

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 

[5th December, 2019.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Transgender Persons 

(Protection of Rights) Act, 2019. 

(2) It extends to the whole of India. 
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official 

Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “appropriate Government” means, — 

(i)  in  relation  to  the  Central  Government  or  any  establishment,  wholly  or  substantially 

financed by that Government, the Central Government; 

(ii) in relation to a State Government or any establishment, wholly or substantially financed 

by that Government, or any local authority, the State Government; 

     (b) “establishment” means— 

(i) any body or authority established by or under a Central Act or a State Act or an authority 
or a body owned or controlled or aided by the Government or a local authority, or a Government 
company  as  defined  in section  2 of  the  Companies  Act,  2013  (18  of  2013),  and  includes  a 
Department of the Government; or 

(ii) any company or body corporate or association or body of individuals, firm, cooperative or 

other society, association, trust, agency, institution; 

(c)  “family”  means  a  group  of  people  related  by  blood  or  marriage  or  by  adoption  made  in 

accordance with law; 

(d)  “inclusive  education”  means  a  system  of  education  wherein  transgender  students  learn 
together with other students without fear of discrimination, neglect, harassment or intimidation and 
the system of teaching and learning is suitably adapted to meet the learning needs of such students; 

(e) “institution” means an institution, whether public or private, for the reception, care, protection, 

education, training or any other service of transgender persons; 

(f) “local authority” means the municipal corporation or Municipality or Panchayat or any other 
local body constituted under any law for the time being in force for providing municipal services or 
basic services, as the case may be, in respect of areas under its jurisdiction; 

(g)  “National  Council”  means  the  National  Council  for  Transgender  Persons  established  under 

section 16; 

(h) “notification” means a notification published in the Official Gazette; 

1. 10th January, 2020, vide notification No. S.O. 135(E), dated 10th January, 2020, see Gazette of India, Extraordinary, Part II,    
sec. 2(ii). 

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(i) “person  with intersex  variations”  means  a  person who  at  birth  shows  variation  in  his  or  her 
primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard 
of male or female body; 

(j) “prescribed” means prescribed by rules made by the appropriate Government under this Act; 

and 

(k) “transgender person” means a person whose gender does not match with the gender assigned 
to  that  person  at  birth  and  includes  trans-man  or  trans-woman  (whether  or  not  such  person  has 
undergone  Sex  Reassignment  Surgery  or  hormone  therapy  or  laser  therapy  or  such  other  therapy), 
person  with  intersex  variations,  genderqueer  and  person  having  such  socio-cultural  identities  as 
kinner, hijra, aravani and jogta. 

CHAPTER II 

PROHIBITION AGAINST DISCRIMINATION 

3.  Prohibition  against  discrimination.—No  person  or  establishment  shall  discriminate  against  a 

transgender person on any of the following grounds, namely:— 

(a)  the  denial,  or  discontinuation  of,  or  unfair  treatment  in,  educational  establishments  and 

services thereof; 

(b) the unfair treatment in, or in relation to, employment or occupation; 

(c) the denial of, or termination from, employment or occupation; 

(d) the denial or discontinuation of, or unfair treatment in, healthcare services; 

(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or 
enjoyment  or  use  of  any  goods,  accommodation,  service,  facility,  benefit,  privilege  or  opportunity 
dedicated to the use of the general public or customarily available to the public; 

(f) the denial or discontinuation of, or unfair treatment with regard to the right of movement; 

(g)  the  denial  or  discontinuation  of,  or  unfair  treatment  with  regard  to  the  right  to  reside, 

purchase, rent, or otherwise occupy any property; 

(h) the  denial  or  discontinuation  of,  or  unfair  treatment  in,  the  opportunity  to  stand for  or  hold 

public or private office; and 

(i)  the  denial  of  access  to,  removal  from,  or  unfair  treatment  in,  Government  or  private 

establishment in whose care or custody a transgender person may be. 

CHAPTER III 

RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS 

4. Recognition of identity of transgender person.—(1) A transgender person shall have a right to 

be recognised as such, in accordance with the provisions of this Act. 

(2)  A  person  recognised  as  transgender  under  sub-section  (1)  shall  have  a  right  to  self-perceived 

gender identity. 

5.  Application  for  certificate  of  identity.—A  transgender  person  may  make  an  application  to  the 
District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner, 
and accompanied with such documents, as may be prescribed: 

Provided that in the case of a minor child, such application shall be made by a parent or guardian of 

such child. 

6.  Issue  of  certificate  of  identity.—(1)  The  District  Magistrate  shall  issue  to  the  applicant  under 
section 5, a certificate of identity as transgender person after following such procedure and in such form 
and manner, within such time, as may be prescribed indicating the gender of such person as transgender. 

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(2) The gender of transgender person shall be recorded in all official documents in accordance with 

certificate issued under sub-section (1). 

(3)  A  certificate  issued  to  a  person  under  sub-section  (1)  shall  confer  rights  and  be  a  proof  of 

recognition of his identity as a transgender person. 

7.  Change  in  gender.—(1)  After  the  issue  of  a  certificate  under  sub-section  (1)  of  section  6,  if  a 
transgender person undergoes surgery to change gender either as a male or female, such person may make 
an  application,  along  with  a  certificate  issued  to  that  effect  by  the  Medical  Superintendent  or  Chief 
Medical  Officer  of  the  medical  institution  in  which  that  person  has  undergone  surgery,  to  the  District 
Magistrate for revised certificate, in such form and manner as may be prescribed. 

(2) The District Magistrate shall, on receipt of an application along with the certificate issued by the 
Medical  Superintendent  or  Chief  Medical  Officer,  and  on  being  satisfied  with  the  correctness  of  such 
certificate, issue a certificate indicating change in gender in such form and manner and within such time, 
as may be prescribed. 

(3) The person who has been issued a certificate of identity under section 6 or a revised certificate 
under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official 
documents relating to the identity of such person: 

Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not 

affect the rights and entitlements of such person under this Act. 

CHAPTER IV 

WELFARE MEASURES BY GOVERMENT 

8.  Obligation  of  appropriate  Government.—(1)  The  appropriate  Government  shall  take  steps  to 

secure full and effective participation of transgender persons and their inclusion in society. 

(2) The appropriate Government shall take such welfare measures as may be prescribed to protect the 
rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that 
Government. 

(3)  The  appropriate  Government  shall  formulate  welfare  schemes  and  programmes  which  are 

transgender sensitive, non-stigmatising and non-discriminatory. 

(4)  The  appropriate  Government  shall  take  steps  for  the  rescue,  protection  and  rehabilitation  of 

transgender persons to address the needs of such persons. 

(5) The appropriate Government shall take appropriate measures to promote and protect the right of 

transgender persons to participate in cultural and recreational activities. 

CHAPTER V 

OBLIGATION OF ESTABLISHMENTS AND OTHER PERSONS 

9.  Non-discrimination 

in  employment.—No  establishment  shall  discriminate  against  any 
transgender  person  in  any  matter  relating  to  employment  including,  but  not  limited  to,  recruitment, 
promotion and other related issues. 

10.  Obligations  of  establishments.—Every  establishment  shall  ensure  compliance  with  the 

provisions of this Act and provide such facilities to transgender persons as may be prescribed. 

11.  Grievance  redressal  mechanism.—Every  establishment  shall  designate  a  person  to  be  a 

complaint officer to deal with the complaints relating to violation of the provisions of this Act. 

12.  Right  of  residence.—(1)  No  child  shall  be  separated  from  parents  or  immediate  family  on  the 

ground of being a transgender, except on an order of a competent court, in the interest of such child. 

(2) Every transgender person shall have— 

(a) a right to reside in the household where parent or immediate family members reside; 

(b) a right not to be excluded from such household or any part thereof; and 

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(c) a right to enjoy and use the facilities of such household in a non-discriminatory manner. 

(3) Where any parent or a member of his immediate family is unable to take care of a transgender, the 

competent court shall by an order direct such person to be placed in rehabilitation centre. 

CHAPTER VI 

EDUCATION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS 

13.  Obligation  of  educational  institutions  to  provide  inclusive  education  to  transgender 
persons.—Every  educational  institution  funded  or  recognised  by  the  appropriate  Government  shall 
provide inclusive  education  and  opportunities for sports,  recreation and leisure  activities to transgender 
persons without discrimination on an equal basis with others. 

14.  Vocational  training  and  self-employment.—The  appropriate  Government  shall  formulate 
welfare  schemes  and  programmes  to  facilitate and support  livelihood for  transgender  persons  including 
their vocational training and self-employment. 

15. Healthcare facilities.—The appropriate Government shall take the following measures in relation 

to transgender persons, namely:— 

(a) to set up separate human immunodeficiency virus Sero-surveillance Centres to conduct sero-
surveillance for such persons in accordance with the guidelines issued by the National AIDS Control 
Organisation in this behalf; 

(b) to provide for medical care facility including sex reassignment surgery and hormonal therapy; 

(c) before and after sex reassignment surgery and hormonal therapy counselling; 

(d) bring out a Health Manual related to sex reassignment surgery in accordance with the World 

Profession Association for Transgender Health guidelines; 

(e) review of medical curriculum and research for doctors to address their specific health issues; 

(f)  to  facilitate  access  to  transgender  persons  in  hospitals  and  other  healthcare  institutions  and 

centres; 

(g)  provision  for  coverage  of  medical  expenses  by  a  comprehensive  insurance  scheme  for  Sex 
Reassignment  Surgery,  hormonal  therapy,  laser  therapy  or  any  other  health  issues  of  transgender 
persons. 

CHAPTER VII 

NATIONAL COUNCIL FOR TRANGENDER PERSONS 

16. National Council for Transgender Persons.—(1) The Central Government shall by notification 
constitute  a  National  Council  for  Transgender  Persons  to  exercise  the  powers  conferred  on,  and  to 
perform the functions assigned to it, under this Act. 

(2) The National Council shall consist of— 

(a)  the  Union  Minister  in-charge  of  the  Ministry  of  Social  Justice  and  Empowerment, 

Chairperson, ex officio; 

(b)  the  Minister  of  State,  in-charge  of  the  Ministry  of  Social  Justice  and  Empowerment  in  the 

Government, Vice-Chairperson, ex officio; 

(c)  Secretary  to  the  Government  of  India  in-charge  of  the  Ministry  of  Social  Justice  and 

Empowerment, Member, ex officio; 

(d)  one  representative  each  from  the  Ministries  of  Health  and  Family  Welfare,  Home  Affairs, 
Housing and Urban Affairs, Minority Affairs, Human Resources Development, Rural Development, 
Labour  and  Employment  and  Departments  of  Legal  Affairs,  Pensions  and  Pensioners  Welfare  and 
National  Institute  for  Transforming  India  Aayog,  not  below  the  rank  of  Joint  Secretaries  to  the 
Government of India, Members, ex officio; 

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(e)  one  representative  each  from  the  National  Human  Rights  Commission  and  National 
Commission  for  Women,  not  below  the  rank  of  Joint  Secretaries  to  the  Government  of  India, 
Members, ex officio; 

(f) representatives of the State Governments and Union territories by rotation, one each from the 
North,  South,  East,  West  and  North-East  regions,  to  be  nominated  by  the  Central  Government, 
Members, ex officio; 

(g) five representatives of transgender community, by rotation, from the State Governments and 
Union  territories,  one  each  from  the  North,  South,  East,  West  and  North-East  regions,  to  be 
nominated by the Central Government, Members; 

(h)  five  experts,  to  represent  non-governmental  organisations  or  associations,  working  for  the 

welfare of transgender persons, to be nominated by the Central Government, Members; and 

(i) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment 

dealing with the welfare of the transgender persons, Member Secretary, ex officio. 

(3) A Member of National Council, other than ex officio member, shall hold office for a term of three 

years from the date of his nomination. 

17. Functions of Council.—The National Council shall perform the following functions, namely:— 

(a) to advise the Central Government on the formulation of policies, programmes, legislation and 

projects with respect to transgender persons; 

(b)  to  monitor  and  evaluate  the  impact  of  policies  and  programmes  designed  for  achieving 

equality and full participation of transgender persons; 

(c)  to  review  and  coordinate  the  activities  of  all  the  departments  of  Government  and  other 
Governmental  and  non-Governmental  Organisations  which  are  dealing  with  matters  relating  to 
transgender persons; 

(d) to redress the grievances of transgender persons; and 

(e) to perform such other functions as may be prescribed by the Central Government. 

CHAPTER VIII 

OFFENCES AND PENALTIES 

18. Offences and penalties.—Whoever,— 

(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other 

than any compulsory service for public purposes imposed by Government; 

(b)  denies  a  transgender  person  the  right  of  passage  to  a  public  place  or  obstructs  such  person 
from using or having access to a public place to which other members have access to or a right to use; 

(c) forces or causes a transgender person to leave household, village or other place of residence; 

and 

(d)  harms  or  injures  or  endangers  the  life,  safety,  health  or  well-being,  whether  mental  or 
physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, 
verbal and  emotional  abuse  and economic  abuse, shall  be  punishable  with imprisonment for  a term 
which shall not be less than six months but which may extend to two years and with fine. 

CHAPTER IX 

MISCELLANEOUS 

19. Grants by Central Government.—The Central Government shall, from time to time, after due 
appropriation made by Parliament by law in this behalf, credit such sums to the National Council as may 
be necessary for carrying out the purposes of this Act. 

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20. Act not in derogation of any other law.—The provisions of this Act shall be in addition to, and 

not in derogation of, any other law for the time being in force. 

21. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the appropriate Government or any local authority or any officer of the Government in respect 
of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act 
and any rules made there under. 

22.  Power  of  appropriate  Government  to  make  rules.—(1)  The  appropriate  Government  may, 
subject to the condition of previous publication, by notification, make rules for carrying out the provisions 
of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form and manner in which an application shall be made under section 5; 

(b) the procedure, form and manner and the period within which a certificate of identity is issued 

under sub-section (1) of section 6; 

(c) the form and manner in which an application shall be made under sub-section (1) of section 7; 

(d) the form, period and manner for issuing revised certificate under sub-section (2) of section 7; 

(e) welfare measures to be provided under sub-section (2) of section 8; 

(f) facilities to be provided under section 10; 

(g) other functions of the National Council under clause (e) of section 17; and 

(h) any other matter which is required to be or may be prescribed. 

(3) Every rule made by the Central Government under sub-section (1), shall be laid, as soon as may 
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of 
the session immediately following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

(4) Every rule made by the State Government under sub-section (1), shall be laid, as soon as may be 
after it is made, before each House of the State Legislature where it consists of two Houses, or where such 
legislature consists of one House, before that House. 

23. Power to remove difficulties.—(1) If any difficulty  arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing 
the difficulty: 

Provided that no such order shall be made after the expiry of the period of two years from the date of 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

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