A general definition for people having gender identity or expression in society is different from cultural expectations based on the sex they were assigned at birth.
Being transgender does not based to any specific sexual orientation. Therefore, transgender people may called as straight, gay, lesbian, bisexual, etc.
The Transgender Persons (Protection of Rights) Bill, 2019 was introduced in Lok Sabha by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot on 19th July, 2019.
The bill which provides a mechanism for social, economic and educational empowerment of transgender was passed on 05th august 2019 by Lok Sabha.
Definition of a transgender person: The Bill provides definition for 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, such as kinnar and hijra.
Right of residence: bill provides for every transgender person shall have a right to reside and be included in his household.
Education: funded or recognized Educational institutions by government shall make steps for inclusive education, sports and recreational facilities for transgender persons, without discrimination.
Prohibition against discrimination: The Bill aims in prohibition of discrimination against a transgender person, including denial of service or unfair treatment in relation to:
Education ,employment, healthcare ,any access or enjoyment of all goods, facilities, opportunities which are available to the public and right to movement; reside, rent, or otherwise occupy property, equality to hold public or private office and having access to a government or private establishment which in care or custody a transgender person is.
Employment: the bill also provides that no discrimination by any government or any private entity should be practiced against a transgender person in employment matters, including recruitment, and promotion.
Health care: The government should make steps in direction of health facilities provided to transgender persons which may include sex reassignment surgeries and separate HIV surveillance centers,
Certificate for identity of a transgender person: A transgender person may through an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’. Also a revised certificate may be awarded in case the individual undergoes surgery to change their gender either as a male or a female.
Welfare measures by the government: The Bill provides that the relevant government will take such measures to ensure that full inclusion and participation of transgender persons happening in society. Effective Measures also for their rescue and rehabilitation, vocational training and self-employment, cultural activities.
Offences and penalties: The Bill also provides the following offences against transgender persons:
- Forced or bonded labor exclusion of government services when required
- Any denial of use of public places,
- Removal from household, and village,
- Physical, sexual, verbal, emotional or economic abuse.
Penalties for these above offences vary between six months and two years, and a fine.
National Council for Transgender persons (NCT): The bill aims to setup NCT which will consist of:
- Union Minister for Social Justice as chairman;
- Minister of State for Social Justice as vice chairman;
- Secretary of the Ministry of Social Justice as member;
- One representative from ministries such as Health, Home Affairs, and Human Resources Development.
- Also representatives of the NITI Aayog, the National Human Rights Commission ,State governments as other members
- Five members from the transgender community and five experts from non-governmental organizations also consisted in the same council