Transgender Persons (Protection of Rights) Act, 2019

It was passed in December, 2019. The major provisions of the Act include -

• Definition of Transgender Person: It defines a transgender person as one whose gender does not match the gender assigned at birth. It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as Kinnar and Hijra.
• Prohibition against Discrimination: It prohibits discrimination of any kind including denial of service or unfair treatment in relation to education, employment, healthcare, etc.
• Rights of Residence: Every transgender will have a right to reside and to be included in his household.
• Employment: No discrimination of any kind by a private entity or government institution in providing employment to the transgender provided he meets the criteria.
• Certificate Authority for Transgender: A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
• Offences and Penalties: Offences like forced labour, removal from household, physical/sexual abuse would result into imprisonment of 6 months to 2 years with/without fine.
• The Act is touted to benefit a large number of transgender persons, mitigate the stigma, discrimination and abuse against this marginalized section and bring them into the mainstream of society.
• It will lead to greater inclusiveness and will make the transgender persons productive members of the society.