4
(i) “person with intersex variations” means a person who at birth shows variation in his or her
primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard
of male or female body;
(j) “prescribed” means prescribed by rules made by the appropriate Government under this Act;
and
(k) “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.
CHAPTER II
PROHIBITION AGAINST DISCRIMINATION
3. Prohibition against discrimination.—No person or establishment shall discriminate against a
transgender person on any of the following grounds, namely:—
(a) the denial, or discontinuation of, or unfair treatment in, educational establishments and
services thereof;
(b) the unfair treatment in, or in relation to, employment or occupation;
(c) the denial of, or termination from, employment or occupation;
(d) the denial or discontinuation of, or unfair treatment in, healthcare services;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or
enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity
dedicated to the use of the general public or customarily available to the public;
(f) the denial or discontinuation of, or unfair treatment with regard to the right of movement;
(g) the denial or discontinuation of, or unfair treatment with regard to the right to reside,
purchase, rent, or otherwise occupy any property;
(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold
public or private office; and
(i) the denial of access to, removal from, or unfair treatment in, Government or private
establishment in whose care or custody a transgender person may be.
CHAPTER III
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.
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.