Transgender Persons (Protection of Rights) Act, 2019

Passage

• The Lok Sabha passed the Bill on 5 August 2019.
• The Rajya Sabha passed it on 26 November 2019.
• The President gave assent on 5 December 2019.
• The Act came into force on 10 January 2020.

Who counts as transgender

• The 2019 Act covered anyone whose gender does not match the sex assigned at birth.
• It named trans men, trans women, intersex people, genderqueer people, and hijras, jogtas and kinnars.

Identity certificate in 2019

• Section 4 gave a right to self-perceived gender identity.
• A person applied to the District Magistrate for a certificate of identity.
• No medical examination was required.
• To be recognised as male or female, the person had to show proof of surgery and get a revised certificate.

Anti-discrimination

• The Act banned discrimination in education, jobs, healthcare and public services.
• It also covered housing and the right to hold property.

Offences

• Forced or bonded labour is an offence.
• So is denying access to public places.
• So is removing a person from their household or village.
• The punishment is six months to two years in jail, plus a fine.

Institutions

• The Act set up a National Council for Transgender Persons (NCT).
• The Union Minister for Social Justice and Empowerment chairs it.

Legal base

• The Act built on the 2014 NALSA judgment, which recognised a legal “third gender”.
• Read about the activist behind that case in Laxmi Narayan Tripathi.

Why the 2019 Act drew criticism

• Abuse of a transgender person carried at most two years in jail.
• Sexual offences against a woman carried a minimum of seven years under the old IPC.
• The 2014 draft’s 2% reservation was dropped.
• The surgery rule for male or female status sat uneasily with the self-identity principle.

What the 2026 Amendment changed

• It narrowed the definition to socio-cultural identities, such as kinner, hijra, aravani and jogta, plus specified intersex variations.
• It removed trans men, trans women and genderqueer people from the definition.
• It omitted Section 4(2), the self-perceived identity right.
• A state or UT medical board must now verify an applicant.
• The District Magistrate issues the certificate only after the board recommends it.
• Hospitals must report gender-affirming surgeries to the DM and the medical board.
• Forcing, deceiving or coercing someone into a transgender identity became a cognizable, non-bailable offence.

Why critics object

• They say removing self-identification goes against the 2014 NALSA ruling, which linked identity to Article 21.
• The government says the change targets misuse of the law.

March 2026 amendment

• The Amendment Bill was introduced on 13 March 2026.
• The Lok Sabha passed it on 24 March 2026, and the Rajya Sabha on 25 March 2026.
• The President gave assent on 30 March 2026.
• Check the notification date for when its provisions take effect.