Your Legal Rights

Know Your Legal Rights

Transgender rights in India have evolved drastically in the past few years, allowing them to function equally in society with a special set of rights. The Transgender Persons (Protection of Rights) Bill passed in 2019 defined a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. The bill also added that a person’s gender need not match the gender assigned at birth and includes trans-men, trans-women, persons with intersex variations, and gender-queers.

This bill prohibits discrimination against a transgender person, including unfair treatment or denial of service in relation to:

  • Education
  • Employment 
  • Healthcare
  • Access to public goods and facilities 
  • Right to movement 
  • Right to rent or own property 
  • Opportunity to hold public or private office 
  • Access to a government or private establishment which has custody of a transgender person.


Healthcare Rights For Transgenders

As for health and medical access, the central and state governments have taken steps to provide healthcare facilities to transgender persons including:

  • Separate HIV surveillance centers
  • Sex reassignment surgery and hormonal therapy counseling 
  • Review of the medical curriculum
  • A comprehensive insurance scheme


The bill allows transgender people to change their legal gender post-sex reassignment surgery, and have a constitutional right to register themselves under a third gender.

Additionally, some states protect hijras, a traditional third gender population in South Asia through housing programs, and offer welfare benefits, pension schemes, free operations in government hospitals as well as other programs designed to assist them.