• Recently, the Spanish government approved a draft bill that would allow anyone over the age of 14 to legally change gender without a medical diagnosis or hormone therapy.
  • Currently, for someone to change their gender in official records, the law first requires two years of hormone therapy and a psychological evaluation.
  • ‘Self-Identification’ has been a long held demand of trans-right groups around the world, including in India, as prejudice against trans people remains rampant.

Important points:

  • A person should be allowed to legally identify with the gender of their choice by simply declaring so, and without facing any medical tests.
  • The current processes for declaring one’s desired gender are lengthy, expensive and degrading.
  • Trans people face daily discrimination and it is vital that steps are taken to tackle discrimination and provide the services and support people need.
  • Gender identity is considered to be an inherent part of a person which may or may not need surgical or hormonal treatment or therapy and all persons must be empowered to make their decisions affecting their own bodily integrity and physical autonomy.
  • Gender self-identification goes far beyond respecting people’s right to believe what they want; to dress or act or express their identity as they want.
  • This is a political and social demand that affects everybody, but in particular women, gay people and transsexuals.
  • The medicalization of gender identity has allowed for vital legal recognition and transition-related healthcare for some members of the trans community.

Features of Transgender Persons Act, 2019

  • The Act defines a transgender person as one whose gender does not match the gender assigned at birth. It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
  • The Act states that a transgender person shall have the right to self-perceived gender identity.
  • A certificate of identity can be obtained at the District Magistrate’s office and a revised certificate is to be obtained if sex is changed.
  • The Act has a provision that provides transgender the right of residence with parents and immediate family members.
  • The Act prohibits discrimination against a transgender person in various sectors such as education, employment, and healthcare etc.
  • Seeks to establish Natonal Council for Transgender persons.
  • Punishment: It states that the offences against transgender persons will attract imprisonment between six months and two years, in addition to a fine.


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