The Transgender Persons (Protection of Rights) Bill, 2019, which was passed by the Lok Sabha on August 5, was cleared by the Rajya Sabha on November 27. The Bill moved by Minister for Social Justice and Empowerment Thaawarchand Gehlot is aimed at protecting the rights of transgender persons by granting them recognition and making welfare provisions for them.

Salient features

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…

* Education

* Employment

* Health care

* 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

* Access to a government or private establishment in whose care or custody a transgender person is

It further criminalises 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. The draft also proposes the establishment of a National Council for Transgender Persons consisting of various members from central ministries, NHRC, NITI Aayog and state governments to monitor the impact of policies, legislation and projects with respect to transgender persons and to also redress their grievances.

Benefits of Bill

* It will make all stakeholders responsive and accountable for upholding principles underlying the Bill and will also bring greater accountability on part of the central government and state governments for issues concerning transgender persons.

* It will benefit a large number of transgender persons in mitigating the abuse, stigma and discrimination against this marginalised section so as to bring them into the mainstream of society. It will also lead to greater inclusiveness and will make the transgender persons productive members of society.

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