1

GUIDE ON THE

Rights of Transgender
Persons in India

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Table of Contents

Introduction 3
What laws are discussed in this Guide? 3
Why was the law enacted? 3
What is the objective of the law? 3
Who is a Transgender Person? 4
What is the legal status of a Transgender Person in India? 4

Gender Identitiy of a Transgender Person 5

What is gender identity? 5
What are the medical options to change your gender identity? 5
Does the law permit a person to choose their gender identity? 6
Can you officially record a person’s gender identity? 6
What happens once a person officially records their gender identity as a transgender person? 8
What are the documents required for getting an Identity Card issued? 8

Laws Protecting Transgender Persons 9

Does the Indian Constitution protect transgender persons? 9
What other laws protect the rights of transgender persons in India? 11
What can be done if Transgender rights are violated? 13
What is the procedure to file complaints against discrimination of Transgender Persons? 13
If I decide to approach the Court directly, how can I get legal aid services? 13

Authorities Under Transgender Law 14

What is the National Council for Transgender Persons (NCTP)? 14
What is the role of the National Council for Transgender Persons? 14
Personal Rights of a Transgender Person 15
Does the law protect a transgender person from abuse faced from their family? 16
What can be done if the family of a transgender individual asks them to move out of their residence
due to their gender identity? 17
Can anyone estrange or ask a transgender person from their community or ask them to leave their
home? 17
As a transgender person, do I have legally protected safe places to stay? 18
Are there any conditions to be met to reside in ‘Garima Grehs’? 18
How to apply for a certificate on the National Portal for Transgender persons? 18

Marriage & Divorce of Transgender Persons 18

Under what laws can a transgender person get married in India? 19
Can a transgender person file for divorce from their spouse? 20
What are legal safeguards for a Transgender Woman facing abuse/harassment from their spouse/live-
in partner? 20

Protection Against Sexual Harassment 19

Does the law protect Transgender Persons against sexual harassment? 20
Does the POSH Act provide any mechanism for the protection of the rights of the Transgender person
against sexual harassment at workplaces? 20
What are the duties of workplaces or establishments with regard to the welfare of the Transgender
Persons? 20

Public & Political Rights of a Transgender Person 20

Does a Transgender Person have the right to use Public Transport ? 20
Can a transgender person vote? 20

Sample Forms 21
Application for Transgender Certificate of Identity 21

Contact Information 25

References 26

Glossary 27
4

Introduction

This Guide discusses the general provisions

What laws are discussed in this
in the Constitution of India, the Transgender
Guide? Persons (Protection of Rights) Act, 2019 and
the Transgender Persons (Protection of Rights)
Rules, 2020.

Why was the law enacted? Transgender Persons are not treated as an equal
part of society due to lack of social acceptance.
Transgender Persons are usually abandoned and
have fewer means for survival and avenues for
gaining livelihoods. Parents tend to feel that it is
dishonorable to have a transgender person as it will
bring shame on the family. Another issue is that of
marriage. This Act aims to solve the above issues
and more.

The Transgender Persons (Protection of Rights) Act,

What is the objective of the law?
2019 (“the law”) has been drafted and formulated to
protect the rights of Transgender Persons in India,
and provide for their welfare. This law is applicable
to the whole of India.
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As per the law, a Transgender Person is a person

Who is a Transgender Person?
whose gender does not match with the gender
assigned to that person at the time of birth, and
includes:
• Trans-man
• Trans-woman
• Person with inter-sex variations
• Gender-queer persons
• Persons with socio-cultural identities such as
kinner, hijra, aravani and jogta.

In India, Transgender Persons are legally

What is the legal status of a recognised as the ‘third gender’ or ‘other’ gender.
Transgender Person in India?
They have the same status as that of any male or
female person. They also have the same rights,
including the right to exercise their fundamental
rights under the Constitution of India. The Supreme
Court in 2014 officially declared ‘transgender’ as the
‘third gender’ in India via the landmark judgment
NALSA V. Union of India & Ors (2014)1.

The court held that all transgender persons are

entitled to fundamental rights under Article 14
(Equality), Article 15 (Non Disrimination), Article 16
(Equal Opportunity in Public Employment), Article
19(1)(a) (Right to Free Speech) and Article 21 (Right
to Life) of the Indian Constitution. In 2020, the
parliament legally recognized ‘transgender’ as an
official gender in India.

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6

Gender Identitiy of a
Transgender Person

What is gender identity?

Gender identity refers to a person’s internal sense of being of a particular gender.

This choice is made when a person understands their internal and individual experience of their body,
bodily appearance, speech, mannerisms etc. If a person does not identify themselves with the gender that
they are assigned during birth, they can choose to identify with some other gender.

What are the medical options to change your gender identity?

The process for recognizing, accepting and expressing your gender identity is
known as transitioning. It can be achieved through the following medical options:

• Hormone Therapy: This is a form of medicine which helps to increase or decrease a person’s sex
characteristics.

• Gender Affirmative Therapy (GAT): This is a set of procedures, ranging from psychological counselling
to sex reassignment surgeries, which aim to change a person’s appearance so that it will conform more
strongly with the self-identified gender. For example, Rita was identified to be female at birth, but while
growing up, identifies themselves as male, and may undergo GAT to masculinize their appearance
through breast removal surgery, etc.

• Corrective surgery/intersex surgery: These procedures modify sex characteristics and genitals when
they are anomalous, meaning when there is no clear distinction between male and female genitals. For
example, a child, Nakul, is born with both male and female genitalia, and decides that he self-identifies
and feels that his gender is male, and thus undergoes corrective surgery to align more strongly to the
male gender.
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Attention:
It is not mandatory for a person to undergo any physical change/medical procedure
to choose their gender identity. The laws in India recognise a person’s physiological
right to choose their gender identity based on what they are feeling. The person’s physical
characteristics do not affect the gender identity that they have chosen.

Does the law permit a person to choose their gender identity?

Yes! The law grants everyone the right to choose their gender identity.

Third gender persons are recognized by the Government as a “socially and educationally backward class
of citizens” who are entitled to reservations in educational institutions and public employment. The
Government also has a duty to make provisions for the legal recognition of “third gender” in all documents.
You can read the Nyaaya explainer on Identification proof for LGBTQ+ for more information.

• In the landmark case of National Legal Service Authority v. Union of India and Ors(2014)2, The Supreme
Court identified the rights of the transgender community as a “third gender”. The Central and the
State Government were also asked to formulate and regulate social welfare schemes and other necessary
provisions for the protection of transgender rights.

• In the case of Anjali Guru Sanjana Jaan v. State of Maharashtra & Ors (2021)3, the Bombay High Court
observed that for the Village Panchayat elections, the petitioner identified herself as a female while she
was a transgender and her application was rejected. The court held that the petitioner had the right to
self identify her gender and accepted her application.

Can you officially record a person’s gender identity?

The Transgender Law explains how you can officially record your gender as a transgender person.
An example of the application form and the affidavit is given in the sample forms section at the end of
this guide.

Step 1
Make an application to the District Magistrate for issuing a certificate of identity as a Transgender
Person. For a minor, the application should made by the parent or legal guardian of the child.
If the parent/legal guardian does not makie the application, then the person can apply
after becoming a major (ie., once they are 18 years of age or above). The procedure may be different
for each district, so it is advisable to check with your district for particular requirements.

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8

Step 2
The District Magistrate will issue a certificate of identity against the submitted application.

Step 3
The gender of the Transgender Person will be recorded in the official records maintained by the
District Magistrate’s office.

Step 4
If a Transgender Person undergoes sex-reassignment surgery after the issuance of the identity card,
then the new gender will be communicated by the transgender person to the District Magistrate
along with a certificate from the Medical Superintendent or Chief Medical Officer.

Step 5
The District Magistrate will issue a revised certificate. An example of the application form and the
affidavit is given in the sample forms section below.

Case Study:
A writ petition was filed seeking measures by the State Government for the distribution of
food ration, medicines, and access to medical treatment to the transgender community in
Kerala. The Court observed in the case of Kabeer C Alias Aneera Kabeer v. State of Kerala(2020)4,
that necessary steps should shall be taken to ensure issuance of gender identity card and the
ration card to transgender persons.
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What happens once a person officially records their gender identity

as a transgender person?

Once a person officially records their gender identity, they will receive an official
Certificate of Identity as a Transgender Person.

The certificate will serve as a proof of their identity as a Transgender Person. The said person’s gender will
be recorded as ‘Transgender’ or ‘Third Gender’ on all official documents.

• Birth Certificate
What are the documents required
• Caste/Tribe Certificate
for getting an Identity Card • Class 10 (Secondary school) certificate or
issued? Class12 (Senior Secondary School) certificate
or SSLC
Here is a tentative list of documents you can • Election (Photo) Identity Card
use to get an Identity Card issued to you (Please • Aadhaar Card
reconfirm these or ask for more options at the • Permanent Account Number (PAN) Card
nearest District Magistrate’s office): • Driving Licence
• BPL Ration Card
• Post Office Bank/Bank Passbook with photo
• Passport
• Kisan Passbook
• Marriage Certificate

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10

Laws Protecting
Transgender Persons

Does the Indian Constitution protect transgender persons?

Yes. Some of the important provisions in the Constitution protecting transgender rights
include:

Right to Equality (Article 14) :

No one can deny any “person” equality before the law or equal protection of law. The
use of the gender-neutral term “person” shows that sex or gender identity is not a basis
for discrimination under the law.

Transgender Persons cannot be subjected to unfair treatment in educational institutions or at the time of
employment. They also have the right to equal health services, and the right to use public property or the
right to freely move in the country.

Prohibition of Discrimination on Various Grounds including Gender (Article 15) :

This article prohibits any sort of discrimination on the basis of race, religion, caste or sex
or any of them. This implies that discrimination or ill-treatment of Transgender Persons
infringes on their basic fundamental right.

• In the case of Mx. Alia SK v. The State of West Bengal and Ors.(2019)5, the court held that Transgender
persons have the right to seek admission into universities. The judgement is important because
it signified the role of courts in ensuring that special accommodations and adjustments are made to
include transgender people in the process of public university applications and admission process where
none exist.
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Freedom of speech and expression (Article 19) :

This right grants every citizen the freedom of speech and expression. This includes the
freedom to express your gender identity publicly.

Right to life and personal liberty (Article 21):

Article 21 which deals with the protection of life and personal liberty states that
no person shall be deprived of his life and personal liberty except according to the
procedure of law.

This right states that every individual including a transgender person has the right to life and personal liberty.
Being citizen of India they have the right to protect their life and personal liberty.

• In the case of Nangai v. Superintendent of Police (2014)6 , the Madras High Court recognized that
compelling a person to undergo a medical examination of gender violates Article 21. It upheld a
person’s right to self identify their own gender.

Attention:
Many people face violence in various forms such as physical, sexual, mental or emotional
violence due to their sexual orientation or identity. It is important to identify this violence
and reach out for help or to take action to stop the violence. Read the Nyaaya explainer on
Violence Based on Gender Identity and Sexual Orientation to understand the violence faced by
people based on their sexual orientation or gender identity.

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12

What other laws protect the rights of transgender persons in India?

The Transgender Persons (Protection of Rights) Act, 2019 & Rules:

This Act was passed in the year 2020 and it provides Transgender People several rights. The rules act
supplementary to the Act.

SC/ST (Prevention of Atrocities) Act, 1989:

If an individual belongs to the Scheduled Caste or Scheduled Tribe community, this law protects that
person from any sort of caste/tribe based discrimination.

• In the case of Mx Sumana Pramanik v. Union of India (2020)7, the court reiterated the importance of not
just reservations for the transgender community, but also age relaxations and fee concessions
for them in their examinations. Whereever these provisions for reservations have been made, the
Government has to enforce it.

NALSA and other Landmark Judgments:

In the landmark judgment National Legal Services Authority v. Union of India and Ors8. In 2014, the Supreme
Court identified the rights of the transgender community as a “third gender”. This case paved way for
transgender persons with the right to choose their gender identity and live their life with dignity.

• In the case of G. Nagalakshmi v. Director General of Police (2014)9, the Madras High Court observed that in
the absence of any special law, any person has the liberty to choose their sexual or gender identity
and upheld the petitioner’s right to choose their own gender.

• In Puttuswamy v. Union of India (2017)10, the Supreme Court noted the constitutional right to privacy
inherent in the right to life, equality and fundamental freedoms. This includes the right to have intimate
relations of one’s choice and the right to sexual orientation and gender identity.

Decriminalisation of Section 377 of IPC:

Homosexual and transgender people constitute a considerable section of the society which is denounced
by Section-377. The LGBT community is forced to live according to society and is exposed to harassment,
exploitation, cruelty and humiliation.
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• The Supreme Court in the case of Navtej Singh Johar v. Union of India (2016)11 held that LGBTQ+ people
in India are entitled to all constitutional rights, including the liberties protected by the Constitution of
India.

Indian Penal Code, 1860:

Any offence committed by a Transgender Person shall be punished as per the provisions of the Indian
Penal Code.

• The case of Mrs. X v. State of Uttarakhand (2019)12 affirmed the NALSA Judgement and stated that a denial
of the right to self-identify one’s gender would deny the right to life and liberty. It is especially significant
since it is one of the first cases that affirmed the right to self-determination based on the “psyche” of the
individual even in the context of the criminal law.

Code of Criminal Procedure, 1973:

A transgender person is subject to the same criminal procedural law of arrests, bail, summons, investigation
etc..

• The National Crime Records Bureau publishes an Annual Prison Statistics India report which includes the
composition of prisoners . In Karan Tripathi v. NCRB, WRP (Criminal) No. 9596 of (2020)13, the Delhi High
Court stated that now NCRB intends to include transgender in the gender classification of prisioners from
PSI-2020.

Are there any reservations for transgender persons?

Yes, under the Transgender Persons (Protection of Rights) Rules, 2020, Central and State
governments can classify them as ‘Other Backward Classes’ for the purposes of vertical
reservation.

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What can be done if Transgender rights are violated?

The National Council for Transgender Persons was set up under the Transgender
Persons (Protection of Rights) Act, 2019 for addressing grievances.

Furthermore, violations of Part III rights of Transgender persons can be remedied by approaching the
Supreme Court or High Courts under Articles 32 or 226. In addition, other rights guaranteed under various
laws are protected by Article 226.
Moreover, violation of rights to the ‘third gender’ constitutes human rights abuse. The State and
National Human Right commissions can be approached by the victim.

What is the procedure to file complaints against discrimination of

Transgender Persons?
For those facing discrimination during the course of employment, either in public or private sector, do
approach the designated complaint officer set up under the the Transgender Persons (Protection of Rights)
Act, 2019[1].
For filing a grievance with the National Transgender Council, create an account online in the National
Transgender portal (https://transgender.dosje.gov.in/). On successful registration, click on the ‘Grievance tab’
on your dashboard. Detailed guidelines for the same can be found here – (https://transgender.dosje.gov.in/
docs/Manual.pdf)

If I decide to approach the Court directly, how can I get legal aid
services?
You can approach your nearest District Legal Services Authority for availing legal aid. If your annual income
is less than the ceiling limit prescribed for each state, then you can enjoy these services for free.
 15

Authorities Under
Transgender Law

What is the National Council for Transgender Persons (NCTP)?

National Council for Transgender Persons is a statutory body established on 21st August,
2020 by the Ministry of Social Justice and Empowerment.

It advises the government on all policy matters affecting transgender, intersex persons and people with
diverse GIESC (Gender Identity/Expression and Sex Characteristics) identities.

The council is composed of:

• The Union Minister in-charge of the Ministry of Social Justice and Empowerment, Chairperson, ex
officio;
• The Minister of the State, in-charge of the Ministry of Social Justice and Empowerment in the
Government, Vice-chairperson, ex-officio;
• Various other representatives from different fields.

The Council was formed on 21st August, 2020 with its headquarters in Delhi under the
Ministry of Social Justice and Empowerment. The Council is headed by Mr. Thawar Chand
Gehlot. Its regional members are Laxmi Narayan Tripathi, Gopi Shankar Maduari, Zainab P Rifai,
Shayamchand Kokchitbomb, and Meera Parida. The expert members are Reshma Prasad, Aryan
Pasha, Vihaan Peethamber and C. Ganeshdas.

What is the role of the National Council for Transgender Persons?

The role of the National Council for Transgender Persons is as stated below:
• Redressal of the grievances of Transgender Persons.
• To give advice, monitor, and evaluate the impact of policies made by the Central Government relating
to Transgender Persons.
• To oversee the work of various Governmental and Non-Governmental organizations which are
dealing with matters relating to Transgender Persons.

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Personal Rights of a
Transgender Person

Does the law protect a transgender person from abuse faced from
their family?

Yes. Below are some of the provisions that protect transgender persons from abuse.

Section 18 of the Transgender Persons (Protection of Rights) Act:

This law protects all transgender persons against any form of abuse such as physical, verbal, emotional,
sexual, mental and economic abuse by punishing the abuser with a fine and imprisonment of a minimum
six months to two years. Unfortunately, it does not prescribe any separate mechanism to lodge a complaint
against any of the above kinds of abuse.

Domestic Violence Act, 2005:

The Domestic Violence Act protects all women including Transgender Women (regardless of their
Certificate of Identity) against any kind of abuse by any family member. You can read more in the Nyaaya
explainer on Domestic Violence.

What can be done if the family of a transgender individual asks them

to move out of their residence due to their gender identity?

As per the Transgender Persons (Protection of Rights) Act, it is illegal for any family to
discriminate against the child or ask the child to move out of the house.

All transgender people have the right to reside in their family home and make use of all the facilities in
their family home without any discrimination. If thE parent or family member is unable to take care of a
Transgender person, the court will place them in a rehabilitation centre (Section 12(3) of the Act).
 17

Can anyone estrange or ask a transgender person from their

community or ask them to leave their home?

The Transgender Persons (Protection of Rights) Act makes it illegal for anyone to
separate a transgender person from their family or ask them to move out of their
home, village or community.

If anyone tries to commit this offence then they shall be punished with imprisonment ranging from 6
months to 2 years14.

As a transgender person, do I have legally protected safe places to

stay?

Yes, while transgender persons enjoy the ‘right to residence’ in their own homes, the
Government has set up ‘Garima Grehs’ to help those without homes.

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Are there any conditions to be met to reside in ‘Garima Grehs’?

The following conditions are to be fulfilled to reside in the Garima Grehs:

1. Should possess certificate issued through the National Portal for Transgender Persons and preferably
living below the Poverty Line
2. Abandoned, aged above 18 years and below 60 years
3. Not engaged in sex work and beggary
4. Unemployed and not engaged in productive commercial activities

1. Create an account on the portal.

How to apply for a certificate
2. On successful registration, click on the ‘Apply
on the National Portal for online’ tab on your dashboard.
Transgender persons? 3. Fill in the personal particulars and other details
in the online form.
Go online to the National Transgender 4. Upload the affidavit declaring gender. This
portal (https://transgender.dosje.gov.in/). portal helps a transgender person to obtain an
identity card without a physical interface.
5. Detailed guidelines for the same can be found
here – (https://transgender.dosje.gov.in/docs/
Manual.pdf)
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Marriage & Divorce of

Transgender Persons

Under what laws can a transgender person get married in India?

A transgender person can get married in India either under personal religious laws (for
instance the Hindu Marriage Act or Indian Christian Marriage Act) or under the Special
Marriage Act, 1954.

• In the case of Arun Kumar v. Inspector General (Madras) (2019)15, it was observed by the Madras High
Court that a marriage solemnized between a male and a transgender women, both professing Hindu
religion was considered to be a valid marriage in the eyes of the law.

• In the case of Chinmayjee Jena v. State of Odisha (2020)16, Odisha High Court delivered the first judicial
decision in India that explicitly recognizes the rights of trans persons to enter into a live-in relationship
with the partner of their choice, regardless of the “gender” of the partner.

Can a transgender person file for divorce from their spouse?

If they are legally married, then they are eligible to file for divorce under the law under which they had
gotten married initially. In case of live-in relationships, there is no legal requirement to get a divorce.

What are legal safeguards for a Transgender Woman facing abuse/

harassment from their spouse/live-in partner?
Any person identifying themselves as a Transgender Woman and facing any form of abuse such as physical,
emotional, economic or sexual abuse, is eligible for protection under the Domestic Violence Act. Read this
Nyaaya explainer on Live-In relationships to understand more about protections under this law.

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Protection Against
Sexual Harassment

Does the law protect Transgender Persons against sexual

harassment?

Transgender Persons (Protection of Rights) Act
Under Section 18 of the Act, it is illegal for any person to sexually abuse any transgender person.

Indian Penal Code
All transgender women can seek protection under all the sections of the Indian Penal Code protecting
women from sexual abuse. This was mentioned by the High Court of Delhi in the case of Anamika v. Union of
India(2020).17

Prevention of Sexual Harassment at the Workplace
If any transgender person faces sexual harassment at their school/college then it will be considered as
Sexual Harassment at the Workplace. Any transgender student is eligible to file a complaint with the Internal
Complaints Committee of the school/university.

Does the POSH Act provide any mechanism for the protection of
the rights of the Transgender person against sexual harassment at
workplaces?

In accordance with the requirements under the POSH Act, (The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013), organisations shall put in place adequate grievance
redressal mechanisms for transgender individuals to deal with harassment complaints, while keeping the
identity of the complainant anonymous.
 21

Public & Political Rights

of a Transgender Person

What are the duties of workplaces or establishments with regard to

the welfare of the Transgender Persons?

Employers cannot discriminate on any issue relating to the employment of a

Transgender Person.

All establishments should comply with the provisions of the Trangender Law. They have the duty to
designate a person as a complaint officer to deal with the complaints relating to the violation of this Act.

Does a Transgender Person have the right to use Public Transport ?

Yes, all Transgender Persons have the right to use all forms of public spaces and
transports intended for general use of the public.

The Transgender Persons (Protection of Rights) Act makes it illegal for any person to prohibit the usage of
public transport or space by a Transgender Person.

Can a transgender person vote?

Yes, just like any other gender, a Transgender Person who is a major (above 18 years of
age) is also entitled to vote in India.

The voter registration form also has the option of ‘other’ under the category of gender. Along with the right
to vote, the Transgender Persons (Protection of Rights) Act provides that there shall be no discrimination in
holding any public office, which means that a Transgender Person can contest in elections as well.

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Sample Forms

Application for Transgender Certificate of Identity

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Contact Information

Sahaay Helpline:
1800 - 2000 - 113

Sahaay Helpline’s toll free number is functional 24×7. It is aided by an international NGO
and supported by Humsafar Trust.

Transgender Mental Health Helpline:

888 - 213 - 3897

Any Transgender Person can connect with professional Psychologists for counselling
services. This helpline is functional from Monday to Saturday between 11 AM to 1 PM
and 3 PM to 5 PM.

The Queerythm helpline:

974 - 554 - 5559

A helpline for all queer people is available in English, Malayalam and Tamil. Read more
on the helpline here.
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References

1. The Transgender Persons (Protection of Rights) Act, 2019.

2. The Transgender Persons (Protection of Rights) Rules, 2020.
3. NALSA v. Union of India - AIR 2014 SC 1863.
4. Puttaswamy v. Union of India – (2017) 10 SCC 1.
5. Navtej Singh Johar v. Union of India – Writ Petition (Criminal) No. 27 of 2016.
6. Arun Kumar v. Inspector General (Madras) - W.P. (MD) NO. 4125 OF 2019 AND W.M.P. (MD) NO. 3220 OF
2019.
7. G Nagalakshmi v. Director General of Police ((2014) 7 MLJ 452) MADRAS HIGH COURT.
8. Nangai v. Superintendent of Police - (2014) 4 MLJ 12 (MADRAS HIGH COURT).
9. Anjali Guru Sanjana Jaan v. State of Maharashtra & Ors. (Writ Petition Stamp No. 104) – Bombay High
Court.
10. Mrs. X v. State of Uttarakhand – Writ Petition (Criminal) No. 28 of 2019 – Uttarakhand High Court.
11. Mx Sumana Pramanik v. Union of India – Writ Petition Appeal No. 9187 of 2020 – Calcutta High Court.
12. Karan Tripathi v. NCRB – Writ Petition (Criminal) No. 9596 of 2020 – Delhi High Court.
13. Chinmayee Jena v. State of Odisha & Ors. – Writ Petition No. 57 of 2020 – Orissa High Court.
14. Kabeer C Alias Aneera Kabeer v. State of Kerala - WP(C).NO.9890 OF 2020(S) – Kerala High Court.
15. Mx Alia SK v. State of West Bengal & Ors. - W.P. NOS. 21587 (W) OF 2019 – Calcutta High Court.
16. Ashish Kumar Misra v. Bharat Sarkar - MANU/UP/0332/2015 – Allahabad High Court.
17. Anamika Vv. Union of India, W.P.(C) 4356/2020, Delhi High Court.
18. https://blog.ipleaders.in/legal-rights-of-transgender-india/
19. https://www.lexology.com/library/detail.aspx?g=b49d9488-c484-4d00-882c-2c386a041a07
20. https://www.mondaq.com/india/discrimination-disability-sexual-harassment/905918/transgender-
rights-the-third-gender39-and-transforming-the-workplace-in-india
21. https://www.mondaq.com/india/employee-rights-labour-relations/851520/analysis-transgender-
persons-protection-of-the-rights-bill-2019

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Glossary

1. Trans-man: A transgender person who has transitioned from female to male.

2. Trans-woman: A trangender person who transitioned from male to female.
3. Person with inter-sex variations: People born with ‘intersex variations’ have
characteristics that don’t fit the typical definition of a female or male body. Intersex
variations can be physical, hormonal or chromosome-related.
4. Gender-queer persons: Non-binary or genderqueer is an umbrella term for gender
identities that are neither male nor female—‌identities that are outside the gender
binary.
5. Gender affirmative Hormone Therapy: Gender affirmation hormone therapy is
medicine prescribed to help a person gain the outward characteristics that match
their gender identity.
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Endnotes

1 AIR 2014 SC 1863

2 AIR 2014 SC 1863.
3 Writ Petition (Stamp) No. 104 of 2021, Bombay High Court.
4 WP(c) No 9890 of 2020
5 WP NO. 21587 of 2019
6 4 MLJ 12 (MADRAS HIGH COURT).
7 Writ Petition Appeal No. 9187 of 2020
8 AIR 2014 SC 1863
9 (2014) 7 MLJ 452.
10 10 SCC 1
11 AIR 2018 SC 4321
12 Writ Petition (Criminal) No. 28 of (2019)
13 WRP (Criminal) No. 9596 of (2020)
14 Section 18 of the Transgender Persons (Protection of Rights) Act, 2019.
15 W.P. (MD) NO. 4125 OF 2019
16 WP (Criminal) No. 57 of 2020
17 W.P.(C) 4356/2020.

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