Draft Transgender Persons (Protection Of Rights) Rules, 2020

• 16 Jul 2020

• The Ministry of Social Justice and Empowerment has come out with the draft Transgender Persons (Protection of Rights) Rules, 2020, and sought “objections and suggestions” within a 30-day period before the official gazetted notification.
• The Transgender Persons (Protection of Rights) Act, 2019, was passed last year in Parliament amid criticism from transgender rights activists and protests by the LGBTQ community.

Major Points of the Draft Rules

• After facing flak from the transgender community, the Centre has done away with the requirement of a medical examination for trans-persons applying for a certificate of identity. A District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, “but without any medical examination”.
• All educational institutions are to have a committee which transgender persons can approach in case of any harassment or discrimination.
• The “appropriate government” is also required to take adequate steps to “prohibit discrimination in any government or private organisation or establishment, including in the areas of education, employment, healthcare, public transportation, participation in public life, sports, leisure and recreation and opportunity to hold public or private office,” as per the rules.
• States will be responsible for “timely prosecution of individuals” charged under Section 18 of the Act which proscribes offences against the transgender community and penalties therein. The offences would be punishable with imprisonment for six months upto two years, with a fine.
• State governments will have to set up a Transgender Protection Cell under the District Magistrate and DGP to monitor cases of offences against transgender persons and implement Section 18.
• State governments and UTs are to review all existing educational, social security, health schemes, welfare measures, vocational training, and self-employment schemes to include transgender persons to facilitate their access to government welfare measures.
• The Rules also make it mandatory for all establishments, public and private, to have equal opportunity policies which include transgender persons and provide for facilities on their premises such as unisex toilets and equal opportunity for employment to transgender persons.