The Transgender Persons (Protection of Rights) Act, 2019 received the assent of the President on the 5th December, 2019. Some of the key provisions include:
Definition of a Transgender: It defines transgender as one whose gender does not match the gender assigned at birth. The Act states that transgender persons will have the right to self-perceived gender identity.
National Council for Transgender Persons: Itwill be constituted under the chairmanship of Union Minister for Social Justice. The Council will also consist of five members from the transgender community and five experts from NGOs. It will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons.
Prohibits discrimination: It prohibits the discrimination against a transgender person, in relation to education, employment, healthcare, enjoyment of goods, facilities, opportunities available to the public, right to movement, right to reside etc. No discrimination against a transgender person in employment matters, including recruitment, and promotion.
Right to Residence: It makes a provision that every transgender person has a right to reside and be included in his household. The person may be placed in a rehabilitation centre, on the orders of a competent court if the immediate family is not able to care for the person.
Inclusive Education: Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons.
Health Care: The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries. The government should address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.
Other Welfare Measures by the Government: The Act states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society.
It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.
Offences and Penalties: The Act recognizes various offences and provides for penalties against transgender persons such as forced or bonded labour, denial of use of public places, removal from household, and village, etc.
