Kinar Saathi

Government of Maharashtra Initiative

Rights & Legal Framework

Know your constitutional and legal rights as a transgender person in India

HomeRights & Laws

The Transgender Persons (Protection of Rights) Act, 2019

Landmark legislation providing legal recognition, protection from discrimination, and welfare measures for transgender persons in India

Right to Self-Identification

Section 4: A transgender person has the right to self-perceived gender identity. No person shall be required to undergo medical procedure to be recognized.

Certificate of Identity

Section 5-7: Application to District Magistrate for certificate of identity. Revised certificate after SRS.

Non-Discrimination

Section 3: No person or establishment shall discriminate against a transgender person on grounds of gender identity.

Right to Education

Section 13: Every educational institution shall provide inclusive education without discrimination.

Right to Employment

Section 14: No establishment shall discriminate in employment matters including recruitment, promotion, conditions.

Right to Healthcare

Section 15: Government shall take steps to provide healthcare facilities, free SRS, health insurance, and counseling.

Residence Rights

Section 12: No child shall be separated from parents on grounds of being transgender. Right to residence in household.

Welfare Measures

Section 16: Government shall formulate welfare schemes covering rescue, rehabilitation, vocational training, self-employment.

Penalties for Offences

Section 18: Penalties for sexual abuse, forced labour, denial of public services, causing harm - up to 2 years imprisonment.

Supreme Court of India

NALSA v. Union of India (2014)

The landmark judgment by the Supreme Court of India, delivered on April 15, 2014, recognized transgender people as a third gender. This historic verdict directed the government to ensure equal treatment and fundamental rights.

Recognize transgender persons as third gender
Treat them as socially and educationally backward classes (OBC)
Extend all constitutional and legal protections
Provide public health, sanitation, and social welfare measures
Create public awareness to reduce social stigma
Frame policies for transgender welfare in education and employment

Constitutional Articles

Article 14Right to equality before the law and equal protection of laws
Article 15Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth
Article 16Equality of opportunity in matters of public employment
Article 19Protection of freedoms including speech, expression, and movement
Article 21Right to life and personal liberty — includes right to dignity, privacy, and identity

Applicable Legal Protections

Criminal and civil laws protecting transgender rights

IPC Section 354

Assault or criminal force to person with intent to outrage modesty

IPC Section 375/376

Sexual offences — applicable with third gender recognition

IPC Section 377

Read down by Supreme Court (Navtej Johar v. UoI, 2018) — consensual acts decriminalized

POCSO Act 2012

Protection of Children from Sexual Offences — applies irrespective of gender identity

SC/ST Prevention of Atrocities Act

Applicable where transgender persons belong to SC/ST categories

Right to Information Act

RTI can be used to seek information about transgender welfare schemes and implementation

If your rights have been violated, contact our toll-free helpline

1800-123-4567

Available 24x7 | Free Legal Aid through NALSA