Lok Sabha passes Transgender Persons (Protection of Rights) Bill, 2019

Lok Sabha passed Transgender Persons (Protection of Rights) Bill, 2019 which seeks to prohibit discrimination against transgender persons, including in matters of employment. This bill that lays emphasis on educating, skilling and making transgenders employable was moved by Union Minister for State for Social Justice and Empowerment Kishan Pal Gurjar.

Transgender Persons (Protection of Rights) Bill, 2019

Defines Transgender: As a person or individual whose gender does not match gender assigned at birth. It includes trans-men and trans-women, persons with intersex variations (means a person who at birth shows variation in his/her primary sexual characteristics, external genitalia, chromosomes, or hormones from normative standard of male/female body), gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.

Prohibit Discrimination: Bill prohibits discrimination against a transgender person, including denial of service or unfair treatment in relation to education, healthcare, employment, access to, or enjoyment of goods, facilities, opportunities available to public.

Right of residence: Bill provides every transgender person shall have a right to reside and be included in his household.

Employment: No government/private entity can discriminate against a transgender person in employment matters, including recruitment as well as promotion.

Education: Educational institutions funded or recognised by relevant government shall provide inclusive facilities for transgender persons without discrimination.

Health care: Government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

Certificate of identity for a transgender person: Transgender person may make an application to District Magistrate (DM) for a certificate of identity, indicating gender as ‘transgender’.

Offences and penalties: Bill imposes penalties for offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.

National Council for Transgender persons (NCT): NCT chaired by Union Minister for Social Justice, apart from redressing grievances of transgender person, will advise central government as well as monitor impact of policies with respect to transgender persons.

Way Ahead

As per 2011 census there are more than 4.80 lakh transgenders in country therefore even though maximum demands of the transgender community have been included in Bill but people’s prejudice regarding transgenders needs to be changed.




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