Introduction of Delhi’s Transgender Protection Rules 2025

27 August 2025 2 min read

By Sonakshi Das and Shreeya Sucharita

At a glance

  • The Supreme Court of India (Supreme Court) has ruled that accidents occurring during an employee’s commute to or from work can be deemed to arise ‘out of and in the course of employment’ under the Employees’ Compensation Act (EC Act).
  • The judgment harmonises the interpretation of the EC Act with Section 51E of the Employees’ State Insurance Act 1948 (ESI Act), treating the latter as a clarificatory provision with retrospective effect.
  • The doctrine of notional extension and the requirement of a clear nexus between the accident and employment are reaffirmed.
  • The decision has wide-ranging implications for employers, who must now consider commuting risks as part of their occupational safety framework.

The Department of Social Welfare, Government of the National Capital Territory of Delhi notified the Delhi Rules on 10 July 2025, with an aim to provide protection against discrimination to transgender persons and legally recognise their self-perceived gender identity. It enables transgender persons to access the same entitlements and benefits, as available to any other person. 

  • Identity certificate: Transgender persons can obtain a certificate of identity for their self-perceived gender by submitting an application online or in-person, to the designated authority under the Delhi Rules. The identity certificate grants the same recognition as any other proof of identity. The Delhi Rules prohibit any medical or physical examination of an applicant during the process of issuance of identity certificate.
  • Welfare schemes, anti-discrimination measures and equal opportunities: The Delhi Rules entrust stakeholder departments to afford equal rights, protections and benefits to transgender persons by revising existing policies and programs, formulating new policies, welfare schemes, etc. and taking active steps in implementing the same.
  • Equality in employment: Establishments are mandated to provide a safe working environment to transgender persons and to ensure that no transgender person is discriminated against in any matter relating to employment. Establishments are required to publish an equal opportunity policy and display the same in their premises, which must include inter alia provisions for access to infrastructural facilities, safety and security measures and amenities of the establishment, confidentiality of employees’ gender identity, complaint of officers, etc.
  • Welfare board and grievance redressal mechanism: The Delhi Rules require the constitution of a ‘welfare board’ to be entrusted with providing equal rights and benefits to transgender persons, protection against discrimination, formulating new policies, welfare schemes for the benefit of transgender persons and supervising stakeholder departments in their execution.

The Delhi Rules lean towards making workplaces and public spaces a safe space for transgender persons and achieving social equity for all genders.