Transgender Persons (Protection of Rights) Act
Also: Transgender Persons Act 2019, transgender rights law, NALSA judgment
Background and evolution
India has a long history of gender-diverse communities, including hijras, kinnars, aravanis, jogtas and others, with recognised places in some religious and cultural traditions. Colonial rule changed this sharply. The Criminal Tribes Act of 1871 labelled "eunuchs" as a criminal class, and Section 377 of the Indian Penal Code criminalised same-sex relations, adding to stigma. After independence many transgender persons continued to face exclusion from families, schools and jobs, and many survived through begging, badhai (blessing ceremonies) or sex work.
The turning point came with National Legal Services Authority (NALSA) v. Union of India in 2014. The Supreme Court held that transgender persons are entitled to fundamental rights, recognised a third gender, affirmed the right to self-identify as male, female or third gender without surgery, and directed governments to treat them as socially and educationally backward classes for reservation. In 2018, Navtej Singh Johar decriminalised consensual same-sex relations by reading down Section 377. A private member's bill by Tiruchi Siva passed the Rajya Sabha in 2015, and after several government drafts, the Transgender Persons (Protection of Rights) Act was enacted in 2019.
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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.