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The Transgender Persons (Protection of Rights) Bill, 2019

  • The Bill was passed by Lok Sabha yesterday. Some of the key highlights of the Bill includes :
Definition of Transgender Person
  • The Bill 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.  
  • Intersex variations means 'a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.'
Protection against discrimination
  • The Bill provides protection against the discrimination against a transgender person, including denial of service or unfair treatment in relation to : 
    • Education; 
    • Employment; 
    • Healthcare; 
    • Access to, or enjoyment of goods, facilities, opportunities available to the public; 
    • Right to movement;
    • Right to reside, rent, or otherwise occupy property; 
    • Opportunity to hold public or private office; and
    • Access to a government or private establishment in whose care or custody a transgender person is.
  • Every transgender person shall have a Right to Reside and be included in his household.
Provisions for the establishment of National Council for Transgender persons (NCT)
  • The NCT will consist of: 
    • Union Minister for Social Justice (Chairperson); 
    • Minister of State for Social Justice (Vice- Chairperson); 
    • Secretary of the Ministry of Social Justice; 
    • One representative from ministries including Health, Home Affairs, and Human Resources Development.  
    • Other members include representatives of the NITI Aayog, and the National Human Rights Commission.  
    • State governments will also be represented.  
    • The Council will also have five members from the transgender community and five experts from NGOs. 
  • No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.  
  • Those educational institutions which are funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.
  • The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
  • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
Provision for the Offences 
  • The Bill recognizes the following offences against transgender persons which may vary from 6 months to 2 years along with a fine 
    • Forced or bonded labour (excluding compulsory government service for public purposes), 
    • Denial of use of public places; 
    • Removal from household, and village; 
    • Physical, sexual, verbal, emotional or economic abuse.  

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