The Transgender Person Bill 2019 – Free PDF Download

PRESS RELEASE

PROVISIONS OF THE BILL

Definition of a transgender person:-

• 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, such as kinnar and hijra.

Prohibition against discrimination:-

• The Bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to:
• (i)education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is.

Right of residence:-

• Every transgender person shall have a right to reside and be included in his household.
• If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.

 Employment:-

• No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.
• Every establishment is required to designate a person to be a complaint officer to deal with complaints in relation to the Act.

Education:-

• Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.

Health care:-

• The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

Certificate of identity for a transgender person:-

• A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
• A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female.

Offences and penalties:-

• The Bill recognizes the following offences against transgender persons:
• (i)forced or bonded labour (excluding compulsory government service for public purposes), (ii) denial of use of public places, (iii) removal from household, and village, (iv) physical, sexual, verbal, emotional or economic abuse.

National Council for Transgender persons (NCT):-

• (i) Union Minister for Social Justice (Chairperson); (ii) Minister of State for Social Justice (Vice- Chairperson); (iii) Secretary of the Ministry of Social Justice; (iv) one representative from ministries including Health, Home Affairs, and Human Resources Development.
• Other members include representatives of the NITI Aayog, and the National Human Rights Commission.
• State governments will also be represented.
• The Council will also consist of five members from the transgender community and five experts from non-governmental organisations.
• The Council will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.

CRITICISMS

• If passed into law in its current form, the practical impact of the Bill will be very different from the intention stated in its title.
• Transgender rights activists worry the Bill has left them exposed, at the mercy of a law.
• The bill requires transgender persons to go through a district magistrate and “District Screening Committee” to get certified as a trans person.
• Despite the Supreme Court in 2014 directing the government “to extend all kinds of reservations in cases of admission in educational institutions and for public appointments” to transgender persons, the Bill does not contain any such provisions.

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