The transgender persons (Protection of rights) Act,2019



 The Transgender Persons (Protection of Rights) Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced in the Lok Sabha, the lower house of the Parliament, on 19 July 2019 by the Minister of Social Justice and Empowerment, Thawar Chand Gehlot, in light of the lapse of the Transgender Persons (Protection of Rights) Bill, 2018 (Bill No. 210-C of 2016). The 2019 act and the immediately preceding 2018 bill, were both preceded by a 2016 version. They were met with protests and criticism by transgender people, lawyers, and activists in India. The 2016 bill was sent to a standing committee which submitted its report in July 2017. Following this, the Lok Sabha tabled and passed a newer version of the bill in December 2018. However, it did not incorporate many of the committee's recommendations. Although members of the opposition criticised the 2019 act and assured transgender people that they would not vote in favour of it, it was passed by the Lok Sabha on 5 August 2019 and by the Rajya Sabha, the upper house of the Parliament, on 26 November 2019. The president assented to it on 5 December 2019, upon which the act was published in the Gazette of India. It has been in effect since 10 January 2020 following a notification of the same in the Gazette on the same day.



The Bill defines a transperson as someone whose gender does not match the one assigned at birth. It prohibits discrimination against them in employment, education, housing, healthcare and other services.

The Bill allows self perception of gender identity. But it mandates that each person would have to be recognised as ‘transgender’ on the basis of a certificate of identity issued by a district magistrate.

A recommendation from the 2016 Standing Committee to have a screening committee was rejected. Opposition MPs have raised concerns about certain provisions in the Bill.

The trans community has also vehemently rejected the Bill citing several clauses that are detrimental to their fundamental rights:

1) The Bill | States that transgender persons will have the right to “self-perceived” gender identity.

Activists | Change of gender identity in documents cannot be done without a certification by the District Magistrate after proof of a sex reassignment surgery is provided.

2) The Bill |  Enforces  a minor’s right of residence compelling any transperson below 18 to cohabit with their natal family.

Activists | Families are often a source of gruesome violence against the trans community leading them to separate from the natal family.

3) The Bill | Criminalises begging.

Activists |It does not offer reservations for employment and education.

4) The Bill | Strongly focuses on transwomen and hijras.

Activists | There is little emphasis on the intersex, gender queer and even transmen.


National Council for Transgender persons (NCT): The NCT will consist of: (i) Union Minister for Social Justice (Chairperson); (ii) Minister of State for Social Justice (Vice- Chairperson); (iii) Secretary of the Ministry of Social Justice; (iv) one representative from ministries including Health, Home Affairs, and Human Resources Development.  Other members include representatives of the NITI Aayog, and the National Human Rights Commission.  State governments will also be represented.  The Council will also consist of five members from the transgender community and five experts from non-governmental organisations. 

~Meenakshi Sharma 

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