The Transgender Persons (Protection of Rights) Act, 2019 (Act 40 of 2019) is the main Indian law written for transgender people. It bans discrimination, sets up a way to get a legal identity certificate, tells governments to run welfare schemes, creates a National Council and punishes certain abuse with jail. It does not give job or college reservations. In March 2026 Parliament also changed it, and that change is now being challenged in the Supreme Court.
This guide checks the Act against its official wording. It is general information, not legal advice. We write it because the Act is often mentioned in the news about the proposed Modi Mandir in Patna, which the Bihar State Transgender Welfare Board discussed in July 2026. The Act itself says nothing about temples.
Key takeaways
- The Act became law after Parliament passed it in November 2019. It bans discrimination in education, jobs, health care, housing and public services.
- A person applies to a District Magistrate (the top government officer of a district) for a "certificate of identity". That certificate is proof of identity.
- The Act has no reservation (quota) in education or jobs, even though the Supreme Court asked for this in 2014.
- Abuse of a transgender person can bring six months to two years in prison plus a fine.
- A 2026 amendment, which got presidential assent on 30 March 2026, removed the "self-perceived" identity right. It was reported to be in force from 25 May. The Supreme Court has not stayed it, and challenges are pending.
Where did the Act come from?
The Act follows a Supreme Court judgment. On 15 April 2014, in National Legal Services Authority v. Union of India (usually called the NALSA judgment), a two-judge bench led by Justice K. S. Panicker Radhakrishnan and Justice A. K. Sikri recognised transgender people as a "third gender". According to the Wikipedia summary, the Court held that making surgery a condition for changing gender is illegal, and it preferred a psychological test to a biological one. It also treated transgender people as socially and economically backward and told governments to extend reservations.
Parliament then took several years to write a law. The Bill was introduced in the Lok Sabha on 19 July 2019. The Lok Sabha passed it on 5 August 2019 and the Rajya Sabha on 26 November 2019, according to PRS Legislative Research, an independent group that tracks bills. For the longer story of how the movement got here, read the long road to equality.
Who counts as a transgender person under the Act?
Section 2(k) of the 2019 text says a transgender person is someone whose gender does not match the gender given at birth. It names trans men, trans women, people with intersex variations and genderqueer people. It also names community identities such as kinner, hijra, aravani and jogta. The 2019 definition applies whether or not a person has had surgery or hormone treatment. The 2026 amendment changed the definition; see the section on the 2026 change below.
What does the Act do, section by section?
The table below uses the section numbers of the Act as passed in 2019. Some sections were changed in 2026.
| Section | What it says in plain words |
|---|---|
| 3 | No discrimination in education, jobs, health care, public services, movement, housing, property, public office or custody. |
| 4 | The right to be recognised as transgender (in 2019, this included a right to a self-perceived gender identity). |
| 5 and 6 | Apply to the District Magistrate for a certificate of identity. Once issued, it is proof of identity and must be used in official records. |
| 7 | After surgery, a person can get a revised certificate showing male or female, and can change their first name in documents. |
| 8 | Governments must work for inclusion, welfare schemes, rescue and rehabilitation. |
| 9 to 11 | Employers cannot discriminate and must name a complaint officer. |
| 12 | A child cannot be separated from the family only for being transgender, unless a court orders it. |
| 13 | Schools and colleges that get public money must be inclusive. |
| 14 and 15 | Governments must plan training and self-employment schemes, and health care including hormone therapy and surgery. |
| 16 and 17 | A National Council for Transgender Persons advises the government and hears grievances. |
| 18 | Jail of six months to two years, plus a fine, for forced labour, blocking public places, forcing someone out of home or village, and physical, sexual, verbal, emotional or economic abuse. |
| 22 | Governments can make rules for forms and procedures. |
Source for the section list: the Act's text on Wikisource, and the PRS summary of the Bill.
How does the certificate of identity work?
A certificate of identity is a paper from the District Magistrate that says you are recognised as a transgender person. Under the 2019 text, a person applied to the District Magistrate, and a parent or guardian applied for a child. The District Magistrate issued the certificate, and officials had to record the gender in documents to match it.
A second step, the revised certificate, was for a person who had surgery to become male or female. It needed a medical certificate. That step was optional.
Why did people argue about the 2019 process?
Draft rules circulated on 16 April 2020 asked applicants for an affidavit and a psychologist's report, according to PRS Legislative Research. Critics said this went against the NALSA idea that no medical test should be needed. LiveLaw reported on 29 September 2020 that final rules were notified. We could not open the final text, so we do not describe what it requires.
Does the Act give reservations or quotas?
No. The Act contains no word about reservation in education or government jobs. This is one of the most common criticisms. NALSA had asked the government to treat transgender people as backward classes for reservation purposes, and the Act did not do that.
Some state governments act on their own, and we could not verify the details of any Bihar quota, so we do not state them. Our guide to state transgender welfare boards covers what states can do.
What is the National Council?
Section 16 sets up a National Council for Transgender Persons. The Union Minister for Social Justice and Empowerment is the chairperson. Other members include officers from several ministries, the National Human Rights Commission and the National Commission for Women, representatives of states and Union Territories, five representatives of the transgender community and five experts from non-government groups. Section 17 says the Council advises the government on policy and laws, watches how schemes work and hears grievances.
The Council gives advice. The Act does not give it power to order a government to act.
What changed in 2026?
This is the biggest recent change, and it matters for anyone using the 2019 law. According to the Supreme Court Observer, an independent court-tracking site:
- It deleted Section 4(2), which said a recognised transgender person has a right to self-perceived gender identity.
- It created an authority headed by a Chief Medical Officer or Deputy Chief Medical Officer. Verdictum, a legal news site, reports that a medical board must examine an applicant and recommend before a District Magistrate can issue a certificate.
- Hospitals must report details of gender-affirming surgeries to the District Magistrate and the authority.
Petitioners argue this goes against NALSA and the right to life and personal liberty in Article 21 of the Constitution. The lead case is Laxmi Narayan Tripathi v. Union of India. Verdictum reports that on 4 May 2026 a bench led by Chief Justice Surya Kant issued notice and sent the matter to a three-judge bench. The Solicitor General argued that the amendment only prevents forced gender change, according to the same report.
| Date | What happened |
|---|---|
| 13 March 2026 | Amendment tabled in the Lok Sabha |
| 24 and 25 March 2026 | Passed by the Lok Sabha, then the Rajya Sabha |
| 30 March 2026 | Presidential assent |
| 4 May 2026 | Supreme Court issues notice and refers the challenge to three judges; no interim relief |
| 25 May 2026 | Law reported to be notified and in force, according to petitioners' lawyer quoted by Deccan Chronicle |
| 3 August 2026 | Court says it will hear all challenges on 17 August and voices concern for people holding ID cards issued earlier |
The Supreme Court Observer says the amendment has not been stayed and the Court declined interim relief in May. We found no report of what happened at the 17 August hearing, so we cannot say how the case stands today.
The 2026 amendment may change how the Act works. Check the latest law and court orders before you rely on any section number in this article.
What do we not know yet?
- How the Supreme Court will finally rule on the 2026 amendment.
- What the Court decided on or after 17 August 2026. We found no report.
- The full text of the 2026 definition of a "transgender person". The sources we opened did not quote it.
- How many certificates have been issued, and how long they take. We found no verified national figure.
Is there any link between the Act and the Patna temple plan?
No direct link. Rajan Singh, a member of the Bihar State Transgender Welfare Board, proposed the temple at the board's first meeting on 29 July 2026, according to PTI. Nothing in the Act talks about temples, and the Act does not mention state welfare boards. The Act does tell governments, in Section 8, to run welfare and inclusion schemes. Read the facts on why the community and the temple idea came together and on transgender voters and representation in Bihar. The full topic list is on our community and rights page, and our timeline follows the Patna story.
For the Supreme Court case that came before this law, read the NALSA judgment of 2014, explained.
Common questions
Is the 2019 Act still in force?
Yes, but it was amended in March 2026. The amendment has not been stayed by the Supreme Court, and challenges are pending.
Does a transgender person need surgery for a certificate?
Not under the 2019 text. Surgery only mattered for the optional revised certificate. The 2026 amendment adds a medical board step, so check current rules.
Does the Act give reservation in jobs?
No. The Act has no reservation provision, though the 2014 NALSA judgment asked governments to extend reservations.
What is the punishment for abusing a transgender person?
Section 18 says imprisonment of six months to two years plus a fine for the offences it lists.
Sources
- Transgender Persons (Protection of Rights) Act, 2019, full text, Wikisource
- PRS Legislative Research, Bill summary and dates
- NALSA v. Union of India (15 April 2014), Wikipedia summary
- Supreme Court Observer, Challenge to the Transgender Persons Amendment Act, 2026
- Verdictum, Supreme Court to examine validity of 2026 amendment (4 May 2026)
- Deccan Chronicle, SC to hear challenges to Transgender Persons Amendment Act on Aug 17 (3 August 2026)
- LiveLaw, Transgender Persons Rules 2020 notified (29 September 2020)
- PRS Legislative Research, Draft Transgender Persons Rules 2020
Last checked on 24 October 2026. Spotted a mistake? Tell us through our contact page.