Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
Related Articles
CONTEXT:
The Central Government made the rules under the powers conferred by the Transgender Persons (Protection of Rights) Act, 2019. The Act came into effect on 10 January 2020, which is the first concrete step towards ensuring welfare of transgender persons.
BACKGROUND:
- In 2014, the Supreme Court of India, in the case of the National Legal Services Authority versus Union of India, established the foundation for the rights of transgender persons in India by recognising ‘transgender’ as a ‘third gender’ and laying down several measures for prohibition of discrimination against transgender persons and protection of their rights.
- The judgment recommended reservations for transgenders in jobs and educational institutions and their right to declare the self-perceived gender identity without undergoing a sex reassignment surgery.
KEY FEATURES :
Definitions:
Definitions of ‘person with intersex variation’and ‘transgender person’ have been provided to include trans men and trans women (whether or not such person has undergone sex reassignment surgery, hormone or other therapy).
Non-discrimination:
- It prohibits the discrimination of transgender persons at educational establishments, in employment or occupational opportunities, healthcare services and access to public facilities and benefits.
- It further reinforces transgender persons’ right to movement, right to reside, rent, or otherwise occupy property.
Certificate of Identity:
- It provides for a right to self-perceived gender identity and casts an obligation on the district magistrate to issue a ‘certificate of identity’ as a transgender person, without the requirement of any medical or physical examination.
- If the transgender person undergoes medical intervention to change sex either as a male or female and requires a revised identity certificate then they would need to apply to the district magistrate along with a certificate issued by the medical superintendent or chief medical officer of the concerned hospital.
Equal Opportunity Policy:
- Every establishment has been mandated to formulate an equal opportunity policy for transgender persons with certain specific information as prescribed under the law.
- This will help create inclusive establishments like inclusive education, etc.
- The process of inclusion also requires creation of infrastructure facilities like separate wards in hospitals and washrooms (unisex toilets).
- Every establishment has been mandated to designate a person as a complaint officer to handle complaints from transgender persons.
- Every state government will also have to set up a Transgender Protection Cell under District Magistrate and Director general of Police to monitor offence against transgender persons.
- The government has been mandated to formulate welfare schemes and programs which are transgender sensitive, non-stigmatising and non-discriminatory.
- The government has been mandated to set up separate Human Immunodeficiency Virus (HIV) sero-surveillance centres to conduct sero-surveillance for transgender persons; provide for medical care facilities including sex reassignment surgery and hormonal therapy; and provide for a coverage of medical expenses by a comprehensive insurance scheme for surgeries and other therapies.
National Council for Transgender Persons:
- Constitution of the NCT to advise the government for the formulation and monitoring of policies and redress the grievances of transgender persons.
Offences and Penalties:
- Offences, like indulging transgender persons in forced or bonded labour or denial of access to public places or physical, emotional or sexual abuse.
- Other offences committed under the provisions of the Transgender Persons Act, are punishable with imprisonment for a term of at least six months, extending up to two years along with fine.
SOURCE: PIB
