The Transgender Persons (Protection of Rights) Act, 2019.

The Transgender Persons (Protection of Rights) Act, 2019:
Key Aspects Summary
1. Title & Extent:
• Title: The Transgender Persons (Protection of Rights) Act, 2019
• Extent: Applies to the whole of India
2. Definitions: - Transgender Person: Includes individuals whose gender does not match the gender assigned at birth, trans-man, trans-woman, person with intersex variations, genderqueer, and specific socio-cultural identities (kinner, hijra, aravani, jogta).
• Other key definitions: Appropriate Government, Establishment, Family, Inclusive Education, Institution, Local Authority, National Council, Person with Intersex Variations.
3. Main Provisions: - Recognition of Identity (Sections 4-7):
• Right to be recognized as transgender.
• Self-perceived gender identity.
• Process for certificate of identity through the District Magistrate.
• Provision for changing gender in official documents after surgery.
• Prohibition Against Discrimination (Section 3):
• Discrimination prohibited in education, employment, healthcare, access to goods/services, movement, residence, public/private office, and in care/custody.
• Obligations:
• Government: Welfare measures.
• Establishments: Non-discrimination in employment, providing prescribed facilities, grievance redressal mechanism.
• Right of Residence: Protection against separation from family and right to non-discriminatory use of household facilities.
• Education, Social Security, and Health:
• Inclusive education.
• Vocational training and self-employment.
• Healthcare facilities.
• National Council for Transgender Persons (Sections 16-17):
• Establishment and functions.
• Offences and Penalties (Section 18):
• Penalties for forced labour, denial of public place access, forcing to leave residence, and harm to transgender persons (imprisonment up to 2 years and fine).

Legislative History:

The Transgender Persons (Protection of Rights) Act, 2019

Short Title - The Transgender Persons (Protection of Rights) Act, 2019

Act Number / Year - Act No. 40 of 2019

Act ID (India Code) - 201940

Presidential Assent / Enactment Date - December 5, 2019

Enforcement Date - January 10, 2020

Nodal Ministry - Ministry of Social Justice and Empowerment

Precedent & Statutory Rationale

1. Safeguarding Rights and Ending Discrimination:

o To protect the rights of transgender persons, secure their welfare, and eliminate systemic discrimination across education, employment, healthcare, and public services.

o Grounded in the landmark Supreme Court judgment (National Legal Services Authority v. Union of India, 2014), which affirmed the fundamental rights and self-perceived gender identity of transgender individuals.

2. Identity Recognition and Institutional Framework:

o Provides a statutory mechanism for the legal recognition of transgender identities and the issuance of identity certificates.

o Establishes the National Council for Transgender Persons to advise, monitor, and evaluate policies and measures for the protection of their rights.

Parliamentary Trajectory & Enactment

Formulation: Evolved from preceding legislative attempts and consultations (including previous bills in 2016 and 2018) to secure comprehensive rights and protections for the transgender community.

Parliamentary Passage: Passed by the Lok Sabha on August 5, 2019, and the Rajya Sabha on November 26, 2019, receiving formal presidential assent on December 5, 2019.

Enforcement: Enforced on January 10, 2020.

Source: India Code and Ministry of Law and Justice Official Records