File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Overview of The Transgender Person (Protection of Rights) Act, 2019

By Sujata | Views 20601

The Act was enacted to provide protection of rights of transgender persons and to protect them from any sort of discriminations. The Act is extended to whole of India. The Act is divided into nine chapters and it has 23 sections in total .Under the Act section 16 of the Act talks about the National Council for Transgender Persons and section 17 talks about Functions of the council. The Act provides certain rights to transgender so that to protect the rights of transgender. Section 22 provides power of appropriate government to make rules.

Important provision under the Act is as follows:

Section 2 of the Act defines different definition such as "Appropriate Government", "Local authorities", "Family" and 2(K) define "transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.
Section 3 Prohibit against discrimination such as: Unfair treatment in education institution and services, Prohibit unfair treatment in employment or occupation, unfair treatment in medical facilities ,right to reside, or denial of health care service, right to movement and so these kind of discrimination on the ground that person is transgender are prohibited under section 3 of the Act.
Section 4 transgender person shall have a right to recognized and shall have the right to self perceived gender identity in accordance with the provisions of the Act. Under section 5 it specify that transgender person can make an application to the District Manager for issuing of identify as a transgender person after following the required certificate.
Section 6 District magistrate shall issue a certificate of identity to a person who put an application for the same under section 5 after the fulfillment of documents required and certificate which is issued will be considered as a proof of recognition of his identity as a transgender person.
Section 7 specify that after issuing of certificate under section 6 ,any transgender person can undergo for change in gender surgery either from male to female, or female to male make an application along with certificate effect by medical superintendent or chief medical officer of the medical institution of medical institute in which that person has undergone surgery. And this person will submit to district magistrate for revised of certification in a manner prescribed and if he is satisfy with the produced certificate issue a certificate indicating change in gender.
Section 8 put an obligation on appropriate government to secure effective participation of transgender persons in the society. Such as by making sure take such welfare measures as may be prescribed to protect the rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that Government by formulate welfare schemes and programmers which are transgender sensitive, non-stigmatising and non-discriminatory, by take steps for the rescue, protection and rehabilitation of transgender persons to address the needs of such persons. The appropriate Government shall take appropriate measures to promote and protect the right of transgender persons to participate in cultural and recreational activities.
Section 9 specify that there will be non- discrimination in employment with transgender persons. Under section 11 Grievance redressed mechanism will be there in every establishment where a person to be a complaint officer to deal with the complaint related to violation of the provision of this act.
Section 12 specify certain rights which are given to transgender such as: right to reside in home where family member or where parents are residing, right not to excluded from such household, right to enjoy and use the facilities of such household without discrimination, and in case the family member or immediate family is unable to take care then in that case competent court shall by an order direct such person to be placed in rehabilitation center.
Section 13 Every educational institution that receives funding or recognition from the relevant government is required to offer transgender people inclusive education, equal access to sports, recreation, and leisure activities, and to these possibilities without bias. Section 14 specifies that the appropriate government would create welfare plans and initiatives to help transgender people support and enable their career training and self-employment.
Section 15 healthcare measures that appropriate government shall take in relation to transgender persons are also specifying in the Act under section 15. to establish distinct centers for the monitoring of people with HIV in order to carry out serosurveillance for such individuals in compliance with the standards provided by the National AIDS Control Organization; to offer medical services, such as hormone treatment and sex reassignment surgery) before to and following hormonal treatment counseling and sex reassignment surgery; release a sex reassignment surgery health manual in compliance with World Professional Association for transgender. Evaluation of research and medical curricula to help physicians manage their unique health concerns; to make transgender people's access to hospitals and other healthcare facilities and centers easier, provision for a complete insurance plan to cover medical costs for transgender patients' health difficulties, including hormone therapy, laser therapy, and sex-reassignment surgery.
Section 16 National Council for transgender persons will be there what will be the composition of the council is also mentioned under section16 not only this under section 17 functions of the council are also mentioned such as to redress the grievances of transgender persons, to perform functions as may be prescribe by central government, to monitor polices made or designed for achievement of equity and full participation of transgender Act. Section 22 of the Act is specifying the power of appropriate government to make rules.

Reference:

The Transgender Persons (Protection of Rights) Act, 2019
https://ruralindiaonline.org/en/library/resource/the-transgender-persons-protection-of-rights-act-2019/
https://www.drishtiias.com/to-the-points/Paper2/the-transgender-persons-protection-of-rights-act