- The Act was enacted in response to the Supreme Court’s 2014 NALSA judgment which recognised transgender persons as a “third gender” under Articles 14, 15, 19, and 21 of the Constitution.
- Definition of a transgender person - The act defines a transgender person as one whose gender does not match the gender assigned at birth.
- It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
- Prohibition against discrimination - The act prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to:
- Education,employment, healthcare
- Access to, or enjoyment of goods, facilities, opportunities available to the public
- Right to movement
- Right to reside, rent, or otherwise occupy property
- Opportunity to hold public or private office
- Access to a government or private establishment in whose care or custody a transgender person is.
- Right of residence - Every transgender person shall have a right to reside and be included in his household.
- Certificate of identity - A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
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