Rights of transgender persons in India: the law as of 2026

Transgender persons in India face hostility in schools, workplaces, hospitals and often their own homes. The law has changed several times in twelve years and is changing again. This guide tells you where things stand today, what you can still rely on, and what to do if you face discrimination or violence.

The constitutional foundation

In National Legal Services Authority (NALSA) v Union of India (2014) the Supreme Court recognised transgender persons as a third gender and held that they are fully entitled to fundamental rights. Gender identity is part of dignity and autonomy under Art 21; discrimination on the basis of gender identity is barred by Art 14 and Art 15; and expressing your gender through dress, speech and behaviour is protected by Art 19(1)(a). The Court also directed governments to extend reservation, healthcare and welfare to transgender persons. These judgments remain the law; any statute is measured against them.

What the 2019 Act protects

• No discrimination in education, employment, healthcare, goods and services, renting or buying property, public office and the right to move freely Sec 3.
• Right to residence. A transgender child cannot be separated from parents or immediate family on the ground of identity except by a court order in the child's interest; if the family cannot care for the person, a court may place them in a rehabilitation centre Sec 12.
• Employment. No establishment may discriminate in recruitment, promotion or other matters, and every establishment must designate a complaint officer Secs 9, 11.
• Healthcare. Governments must provide medical care including gender-affirming care and counselling, covered by insurance schemes Sec 15.
• Offences. Forcing a transgender person into bonded or forced labour, denying them a public place, driving them out of a home or village, or physical, sexual, verbal, emotional or economic abuse is punishable with six months to two years in prison and a fine Sec 18.

Under the 2019 Act and the Transgender Persons (Protection of Rights) Rules, 2020, a person applied to the District Magistrate (DM), online through the National Portal for Transgender Persons or on paper, for a certificate of identity, without any medical examination. The DM had to give written reasons for any rejection, and an appeal lay against it.

The 2026 amendment and the court challenge

Parliament passed the Transgender Persons (Protection of Rights) Amendment Act, 2026 on 24 and 25 March 2026 and it received the President's assent on 30 March 2026. Its main changes, as reported:

• The definition of "transgender person" is rewritten around socio-cultural identities such as hijra, kinner, aravani and jogta and medically verifiable conditions, instead of a person's own experience of gender.
• The provision that gave every transgender person a right to self-perceived gender identity (the old Sec 4(2)) is deleted.
• The DM issues a certificate of identity only after a medical board recommends it.
• Hospitals must report gender-affirming surgeries to the DM and the designated authority, and a person who has had surgery must apply for a revised certificate.
• New, more serious offences are added for forcing, deceiving or luring a person, especially a child, into a transgender identity or into begging or forced labour.

Petitions challenging the amendment under Art 32 were filed in April 2026. On 4 May 2026 the Supreme Court issued notice and declined to stay the law. At a hearing on 17 August 2026 the Union told the Court that identity cards issued before the amendment will continue to operate, subject to the final outcome, and the Court recorded this. The case is pending before a three-judge bench led by the Chief Justice. Supporters say the amendment stops misuse of benefits; critics say it reverses the self-identification principle of NALSA. The final judgment may change the position, so check the latest status.

Step by step

1. Keep your documents safe. If you hold a transgender certificate or identity card, keep the original and several copies, and note its number and date.
2. Discrimination at work, school or hospital: write to the establishment's complaint officer under Sec 11, describing what happened with dates and names. Keep a copy. No reply? Write to the head of the institution and the state social welfare department.
3. Violence, threats or being thrown out of home: call 112. File an FIR under Sec 18 of the Act and the relevant Bharatiya Nyaya Sanhita (BNS) offences. Take your free copy of the FIR. If the police refuse, send the complaint in writing to the Superintendent of Police.
4. Refused treatment or hormone therapy: complain in writing to the hospital's medical superintendent and the state health department, and keep your prescriptions and earlier records.
5. Welfare and shelter: ask the district social welfare office about Garima Greh shelter homes and schemes under the SMILE programme, and your state's Transgender Welfare Board.
6. Legal help: call 15100 or visit the District Legal Services Authority. Transgender persons are among those entitled to free legal aid. If the amendment is being applied to you in a way that harms you, a lawyer can seek protection from the High Court or ask to be heard in the pending Supreme Court case.