The TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS)
ACT, 2019
 NO. 40 OF  2019
[5th December, 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:—
CHAPTER I
PRELIMINARY
1. ( 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 date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title,
extent and
commencement.
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EXTRAORDINARY
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PART II — Section 1
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No. 64] NEW DELHI, THURSDAY, DECEMBER 05, 2019/AGRAHAYANA 14, 1941 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—19
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th December, 2019/Agrahayana 14, 1941  (Saka)
The following Act of  Parliament received the assent of the President on the
5th December, 2019, and is hereby published for general information:—
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2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
2. 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, 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;
(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
P
ROHIBITION AGAINST DISCRIMINATION
3. No person or establishment shall discriminate against a transgender person on any
of the following grounds, namely:—
Definitions.
Prohibition
against
discrimination.
18 of 2013.
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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(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
R
ECOGNITION OF IDENTITY OF TRANSGENDER PERSONS
4. (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.  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. (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.
(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.
Recognition
of identity of
transgender
person.
Application
for certificate
of identity.
Issue of
certificate of
identity.
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4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
7. (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
W
ELFARE MEASURES BY GOVERNMENT
8. ( 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
O
BLIGATION OF ESTABLISHMENTS AND OTHER PERSONS
9. 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. Every establishment shall ensure compliance with the provisions of this Act and
provide such facilities to transgender persons as may be prescribed.
11. 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. (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
(c) a right to enjoy and use the facilities of such household in a non-discriminatory
manner.
Change in
gender.
Obligation of
appropriate
Government.
Non-
discrimination
in
employment.
Obligations of
establishments.
Grievance
redressal
mechanism.
Right of
residence.
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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(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
EDUCA TION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS
13. 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.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. 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
N
ATIONAL COUNCIL FOR TRANSGENDER PERSONS
16. (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
Obligation of
educational
institutions to
provide
inclusive
education to
transgender
persons.
V ocational
training and
self-
employment.
Healthcare
facilities.
National
Council for
Transgender
Persons.
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6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
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;
(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. 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
O
FFENCES AND PENALTIES
18. 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,
Functions of
Council.
Offences and
penalties.
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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
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. 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.
20. 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. 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 thereunder.
22. ( 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.
Grants by
Central
Government.
Act not in
derogation of
any other law.
Protection of
action taken
in good faith.
Power of
appropriate
Government
to make rules.
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23. (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.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
MGIPMRND—41 15GI(S3)—05-12-2019.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,  NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF  PUBLICATIONS, DELHI–110054.
8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— S EC. 1]
Power to
remove
difficulties.
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