Skip to content

ADVOCATETANMOY LAW LIBRARY

Research & Library Database

Primary Menu
  • News
  • Opinion
  • Countries198
    • National Constitutions: History, Purpose, and Key Aspects
  • Judgment
  • Book
  • Legal Brief
    • Legal Eagal
  • LearnToday
  • HLJ
    • Supreme Court Case Notes
    • Daily Digest
  • Sarvarthapedia
    • Sarvarthapedia (Core Areas)
    • Systemic-and-systematic
    • Volume One
05/04/2026

Recognition of Identity of Transgender Persons in India

"Transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.
advtanmoy 14/07/2020 4 minutes read

© Advocatetanmoy Law Library

  • Share on WhatsApp (Opens in new window) WhatsApp
  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
  • Share on Telegram (Opens in new window) Telegram
transgender

Home » Law Library Updates » Recognition of Identity of Transgender Persons in India

“Transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.

Recognition of Identity of Transgender Persons

4. Recognition of identity of transgender person

 (1) A transgender person shall have a right to be recognised as such, in accordance with the provisions of this Act.

(2) A person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identity.

Read Next

  • Art 72 of the COI: Presidential Power of Pardon, Remission and Commutation
  • Supreme Court Daily Digest (April 4th, 2026): Arbitration, Sanction for prosecution, Oral inquiry, Cancellation of bail
  • Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

5. Application for certificate of identity

A transgender person may make an application to the District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and accompanied with such documents, as may be prescribed:
Provided that in the case of a minor child, such application shall be made by a parent or guardian of such child.

6. Issue of certificate of identity

(1) The District Magistrate shall issue to the applicant under section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender.

(2) The gender of transgender person shall be recorded in all official documents in accordance with certificate issued under sub-section (1).

(3) A certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his identity as a transgender person.

Read Next

  • Art 72 of the COI: Presidential Power of Pardon, Remission and Commutation
  • Supreme Court Daily Digest (April 4th, 2026): Arbitration, Sanction for prosecution, Oral inquiry, Cancellation of bail
  • Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

7. Change in gender

(1) After the issue of a certificate under sub-section (1) of section 6, if a transgender person undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for revised certificate, in such form and manner as may be prescribed.

(2) The District Magistrate shall, on receipt of an application along with the certificate issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed.

Read Next

  • Art 72 of the COI: Presidential Power of Pardon, Remission and Commutation
  • Supreme Court Daily Digest (April 4th, 2026): Arbitration, Sanction for prosecution, Oral inquiry, Cancellation of bail
  • Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

(3) The person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person:

Provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this Act.

18. Offences and penalties

 Whoever, –

(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use;

(c) forces or causes a transgender person to leave household, village or other place of residence; and

(d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.

12. Right of residence

(1) No child shall be separated from parents or immediate family on the ground of being a transgender, except on an order of a competent court, in the interest of such child.


Refer: Transgender Persons (Protection of Rights) Act 2019

Tags: Gender issues News Transgenders

Post navigation

Previous: How to give waqf property on lease in India
Next: Transgender Persons (Protection of Rights) Act 2019
Arrest
Sarvarthapedia

Latin Maxims in Criminal Law: Meaning, Usage, and Courtroom Application

Sarvarthapedia
Sarvarthapedia

Research Methodology and Investigation: Concepts, Frameworks, and Emerging Trends

Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

IPS Cadre Strength 2025: State-wise Authorised Strength

Uric Acid: From 18th Century Discovery to Modern Medical Science

Christian Approaches to Interfaith Dialogue: Orthodox, Catholic, Protestant, and Pentecostal Views

Origin of Central Banking in India: From Hastings to RBI and the History of Preparatory Years (1773–1934)

Howrah District Environment Plan: Waste Management, Water Quality & Wetland Conservation

Bharatiya Nyaya Sanhita 2023: Sections (1-358), Punishments, and Legal Framework

Bengali Food Culture: History, Traditions, and Class Influences

West Bengal Court-Fees Act, 1970: Fees, Schedules, and Procedures

WB Land Reforms Tribunal Act 1997: History, Features, Provisions, Structure, Powers and Functions

Civil Procedure Law of the Democratic People’s Republic of Korea (1976)

Knowledge Management in the Modern Era: From History to Digital Transformation

  • Sarvarthapedia

  • Delhi Law Digest

  • Howrah Law Journal

  • Amit Arya vs Kamlesh Kumari: Doctrine of merger
  • David Vs. Kuruppampady: SLP against rejecting review by HC (2020)
  • Nazim & Ors. v. State of Uttarakhand (2025 INSC 1184)
  • Geeta v. Ajay: Expense for daughter`s marriage allowed in favour of the wife
  • Ram v. Sukhram: Tribal women’s right in ancestral property [2025] 8 SCR 272
  • Naresh vs Aarti: Cheque Bouncing Complaint Filed by POA (02/01/2025)
  • Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS)
  • Bharatiya Sakshya Adhiniyam 2023 (BSA): Indian Rules for Evidence
  • Bharatiya Nyaya Sanhita (BNS) 2023
  • The Code of Civil Procedure (CPC)
  • Supreme Court Daily Digest
  • U.S. Supreme Court Orders
  • U.k. Supreme Court Orders
Sarvarthapedia, Law and Legal Materials

Rule of Law vs Rule by Law and Rule for Law: History, Meaning, and Global Evolution

Indian Government

IPS Cadre Strength 2025: State-wise Authorised Strength

Sarvarthapedia

Uric Acid: From 18th Century Discovery to Modern Medical Science

Christian Education

Christian Approaches to Interfaith Dialogue: Orthodox, Catholic, Protestant, and Pentecostal Views

2026 © Advocatetanmoy Law Library

  • About
  • Global Index
  • Judicial Examinations
  • Indian Statutes
  • Glossary
  • Legal Eagle
  • Subject Guide
  • Journal
  • SCCN
  • Constitutions
  • Legal Brief (SC)
  • MCQs (Indian Laws)
  • Sarvarthapedia (Articles)
  • Contact Us
  • Privacy Policy
  • FAQs
  • Library Updates