The Transgender Persons (Protection of Rights) Act, 2019 is an act of the Parliament of India enacted with the main purpose of safeguarding the rights of transgender people, their welfare, and other matters related to them. This Act was introduced in the Lok Sabha on 19 July 2019 by the Minister of Social Justice and Empowerment, Mr. Thaawarch and Gehlot. The Transgender Persons (Protection of Rights) 2019 was enacted after analyzing all the drawbacks and the reason for the lapse of the Transgender Persons (Protection of Rights) Bill, 2018 and, Transgender Persons (Protection of Rights) Bill, 2016. The bill was passed by the Lok Sabha on 5th August 2019 and by the Rajya Sabha on 26th November 2019. The President gave his assent on 5th December and then the Act was published in the Gazette of India. Since 10th January, this Act has been in effect.
According to this Bill, a transgender person is one whose gender does not match the gender of a person assigned at birth. Trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra is included in this Bill. Terminology Intersex variations are defined to refer that person who at birth shows the variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of the male or female body.
No person or establishment shall discriminate against a transgender person, including denial of service or unfair treatment in relation to:
Yes, a transgender person can apply for a certificate of identity by writing an application to the District Magistrate for issuing a certificate of identity as a transgender person, in any form and manner accompanied by required documents, as may be prescribed. In the case of a minor child, the application may be made by a parent or guardian of such child.
If a transgender person undergoes surgery to change gender either as a male or female, such person has to make an application, besides a certificate issued by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery. The application along with the certificate issued is presented to the District Magistrate for a revised certificate.
On being satisfied with the receipt of the application and with the certificate issued by the Medical Superintendent or Chief Medical Officer, the District Magistrate may issue a certificate indicating the change in gender.
The person to whom the revised certificate has been issued shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person according to the gender issued in the revised certificate.
Neither government nor any private employment establishment can discriminate against a transgender person in employment matters which includes recruitments as well as promotion. Every establishment is ought to designate a person to be a complaint officer to deal with complaints in relation to the Act.
Education: Educational institutions recognized by the appropriate government shall provide inclusive education, sports and recreational facilities for transgender persons, without discriminating them (transgender persons) on the basis of their gender.
Health care: The Government should ensure to provide adequate steps to provide health facilities to transgender persons including separate HIV surveillance centers, and sex reassignment surgeries. The government, on a regular basis, should review the medical curriculum to address the health issues of transgender persons, and provide comprehensive medical insurance schemes for them.
NCT stands for National Council for Transgender persons. It was set up with the purpose to advise the central government on policies, and legislation related to transgender persons.
NCT performs the following functions:
The following offenses and penalties are recognized against transgender persons:
Penalties for these offenses vary between six months and two years, and a fine.
The provisions of this Act shall be in addition to, and not in derogation of any other law for the time being in force.
No suit neither any prosecution nor any legal proceeding lies against the appropriate Government, any local authority or any officer of the Government if the act is done with respect to in good faith or with an intention to be in pursuance of the provisions of this Act and any rules made there under.
In case any difficulty arises in giving effect to the provisions of this Act, the Central Government orders to publish in the Official Gazette to make provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or convenient for removing the difficulty. The condition being no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. Each and every order made under this section must be laid before each House of Parliament.