The Transgender Persons (Protection of Rights) Act, 2019, has also come into force on 10th January 2020.
The Transgender Persons (Protection of Rights) Bill was passed by the Lok Sabha on August 5, 2019, during its monsoon session, and was later cleared by the Rajya Sabha in Winter session. The Act had received the assent of the President on 5th December, 2019.
The state objective of the Act is for protection of rights of transgender persons and their welfare.
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
It prohibits discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is. The Act criminalizes denial of use of public places to transgenders, removal of transgenders from household and village, etc.To ensure identity of a transgender, the Bill prescribes that a transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as 'transgender'. Further, a person may obtain a revised certificate if he/she undergoes surgery to change his/her gender either as a male or a female.
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