The Transgender Persons (Protection of Rights) Act, 2019 was enacted by the Parliament to provide protection to the Transgender person’s right and their welfare. The Act provides Transgender persons, the right to be recognized as a “Transgender” person and further provides them with rights. This Act obligates various establishments to prohibit discrimination against Transgender person establishes their rights in society and also provides for their rehabilitation. This Act strives for inclusion of Transgender persons in society by providing them facilities such as health care vocational training and inclusive education. Provisions of this Act aim to secure and provide a normal and healthy life to the Transgender person. 

DEFINITION-

As per Section 2(k) of this Act, “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, gender queer and person having such socio-cultural kinner, hijra, aravani and jogta.

 

KEY PROVISIONS OF THE ACT 

  • Prohibition against discrimination

Section 3 of this Act prohibits discrimination against transgender person on such grounds namely education, occupation, residence, movement; occupy any property, holding of public, private office and in government or private establishments. 
 

 

  • Right to be recognized

According to Section 4 of the Act, every transgender person shall have the right to be recognized in accordance with the provisions of the said act.

 

  • Certificate of identity:

According to Section 5 of this Act, a Transgender person may make an application to the District Magistrate for certificate of identity as a Transgender. In the event, such person is a minor child, then such an application may be made by such child’s parents or guardians.

According to Section 6 of this Act, Certificate of identity shall be issued by the District Magistrate to the applicant. This Certificate of Identity shall confer the rights and be a proof of recognition of the applicant’s identity.

 

  • Change in gender: 

According to Section 7 of this Act, if a Transgender person, after receiving an identity certificate under this Act, undergoes a surgery in order to change their gender either as male or female then, such person may make an application to the District Magistrate, 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 for revised certificate, in such form and manner as may be prescribed.

The District Magistrate after receipt of such application along with the certificate and ensuring the correctness of issue of certificate indicating the change in the gender in such form and manner and in such time as may be prescribed.

Such a person who has received certificate under Section 6 and Section 7 of this Act may be entitled to change the first name in birth certificate and all other documents relating to identity of such person.

 

  • Obligation of appropriate Government:

According to Section 8 under this Act, appropriate Government is obligated to ensure participation and inclusion of Transgender person in society and further take such welfare measures as may be prescribed for protection of Transgender person’s interest and to formulate welfare scheme for benefit of Transgender people.

 

  • Employment and other establishments:

According to Section 9 of the said Act, no establishment shall discriminate Transgender person in any employment related matter including but not limited to recruitment, promotion and other related issues.

According to Section 10 of this Act, all the establishments shall comply with the provisions of this Act and provide facilities to Transgender employees in the establishments. 

 

  • Complaint Officer:

Section 11 of this Act provides that every establishment should designate a Complaint Officer to deal with the complaint relating to the violation under this Act and provide other facilities to Transgender person as may be prescribe.

 

  • Right of residence: 

Section 12 of this Act prohibits separation of child from parents or family on the ground of being Transgender except by the order of court. The act provides that Transgender person shall have right to reside, in the house of parents or immediate family and not to be excluded from household or any part thereof and where immediate family is unable to take care of Transgender person then competent court shall place such a person in rehabilitation center.

 

  • Obligation on educational institution, livelihood:

According to Section 13 of this Act, educational institutions are obligated to provide inclusive education opportunities for sports, recreation and leisure activities to Transgender persons without discrimination on an equal basis with others. 

According to Section 14 of this Act, appropriate governments shall formulate proper welfare schemes and programs to facilitate and support livelihood of Transgender person. 

 

  • Healthcare:

According to Section 15 of this Act, the appropriate Government shall establish separate HIV surveillance center to conduct surveillance of such Transgender persons in accordance with the guidelines of National Aids Control Organization to provide medical facility including sex reassignment surgery and hormonal therapy and counseling before and after such therapy and bring out a Health Manual related to sex reassignment surgery in accordance with the World Profession Association for Transgender Health guidelines.

 

  • National Council for Transgender Persons

Section 16 of this Act provides for National Council for Transgender Person. This council shall advise appropriate government on formation of policy regulations, policies and schemes with regards to Transgender person and evaluate the policies, schemes, regulations implemented by government and review activities of governmental, non-governmental organizations in this regard, redress grievance related to Transgender person and perform other function as directed by government. 

 

  • Offences and penalties

Offences under this Act, include forcing Transgender persons to perform bonded labor, blocking path and forcing such person to leave village, place of residence or causing harm or injury to such person. The punishment for such an act shall be for a term which shall not be less than six months but may extend to two years with fine.

 

Conclusion

Transgender Persons (Protection of Rights) Act, 2019 provides for preservation of Transgender rights and further provides that the welfare of Transgender Persons must be promoted by the government and in all other organization. The Act tries to secure health care facilities, equality in education, employment, other opportunities, right of residence and to occupy property, and also makes a provision for insurance of gender changing. All of these provisions attempt to provide Transgender Persons a life similar to any other gender in the society.