The Transgender Persons (Protection of Rights) Bill, 2019
The Bill defines a transgender person as one whose gender does not match the gender assigned at birth. The definition encompasses trans-man and trans-women, person with intersex variations, gender-queers and persons with socio-cultural identities, such as kinnar and hijra.
Intersex variations is defined to mean a person who at birth shows variations in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.
The Proposed Bill has following provisions:
1. The provision of right of residence with parents and immediate family members. It also provides that if the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of the competent court.
2. The bill also states that no government or private entity can discriminate against a transgender person in employment matters, including recruitment and promotion.
The bill also mandates every establishment to designate a person to be a complaint officer to deal with complaints in relation to the bill.
3. The Bill proposed non discrimination against a transgender person in educational institutions. These educational institutions funded or recognized by the relevant government. They provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.
4. The Bill asks the government to take steps for providing healthcare facilities to transgender persons.
The government shall review the medical curriculum to address the health issues of transgender persons, and provide comprehensive medical insurance schemes for them.
5. The Bill directs the central and state government for formulation of welfare schemes. The purpose is to ensure the full inclusion and participation of transgender persons in society. Government should take steps for their rescue and rehabilitation, vocational training and self-employment.
6. There is a provision for recognition of identity of transgender person and to confer upon them right to self perceived gender identity.
The Bill requires a transgender person to make an application to the District magistrate for a certificate of identity indicating the gender as transgender.
7. The Bill provides for National Council for Transgender person. The Council will consist of five members from the transgender community and five experts from non-governmental organizations.
The Council will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.
Offences and penalties:
The bill recognizes the following offences against transgender persons:
- forced or bonded labour
- denial of use of public places
- removal from the household and village
- Physical, sexual, verbal, emotional or economic abuse
The Bill prescribe the penalties for these offences which vary between six months and two years and a fine.