Introduction
The Transgender Persons (Protection of Rights) Act, 2019 aims to safeguard the rights and dignity of transgender individuals in India. One of its key provisions prohibits all forms of discrimination against transgender persons. It ensures equal access to education, jobs, healthcare, housing, and public services. This section plays a vital role in promoting inclusivity and legal protection for transgender persons.
How Does Section 3 of Transgender Persons Act Prevent Discrimination?
The law strictly prohibits any form of discrimination against transgender individuals. No person or organization can treat a transgender person unfairly in any setting. This includes denying or discontinuing access to essential services or treating them unequally.
Educational institutions cannot deny admission or provide unfair treatment to transgender students. Workplaces must treat transgender persons fairly in hiring, employment, and occupational opportunities. Employers cannot dismiss or terminate someone from a job based on their gender identity.
Healthcare providers must offer equal access and treatment. They cannot deny or discontinue medical services to transgender individuals. Public spaces and services, such as transport, accommodations, and goods, must remain equally accessible. Discrimination in access, use, or enjoyment of these public services is unlawful.
Freedom of movement must not be restricted for transgender persons. They have the right to move freely and reside anywhere. This includes the right to buy, rent, or occupy property without bias. No one can unfairly remove or restrict them from housing.
Transgender persons also have the right to stand for or hold public and private office. Discriminating against them in such opportunities is prohibited. Institutions, both government and private, must treat transgender persons under their care with dignity. Denial of access or unfair treatment in such establishments is a punishable offense.
This law upholds equal rights and promotes dignity for transgender persons in every part of life.
Case Laws
National Legal Services Authority v. Union of India (2014)
The Supreme Court recognized transgender persons as third gender.
It affirmed their right to self‑identify and access fundamental rights in education, employment, healthcare, housing, and public services.
Chanchal Bhattacharya v. State of West Bengal (2016)
Calcutta HC upheld rights of individuals after gender‑affirming surgery.
Institutions must update records to avoid discrimination.
Vyjayanti Vasanta Mogli v. State of Telangana (2023)
Telangana HC struck down the “Eunuchs Act” as unconstitutional.
It directed welfare, pension access, identity certificates, and reservation measures.
Arun Kumar v. Inspector General of Registration (2019)
Madras HC ruled that a trans woman qualifies as a “bride” under the Hindu Marriage Act.
It also restricted intersex surgeries on infants to life‑saving cases only.
Chinmayee Jena v. State of Odisha (2020)
Orissa HC recognized the right of trans persons to self‑determine gender.
It affirmed their right to cohabit with partners regardless of gender.
Conclusion
This anti-discrimination provision reinforces the legal right of transgender persons to live with equality and respect. It makes unfair treatment in any sector a punishable offense. The law creates a strong foundation for equal opportunity and social acceptance. By enforcing this section, India moves closer to gender justice and inclusive development.
