Transgender law: Centre publishes draft rules

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News: Government has released a new Draft of Transgender Persons (Protection of Rights) Rules, 2020 under the Transgender Persons (Protection of Rights) Act,2019.

Facts:

Key Draft Rules:

  • Application for issue of the certificate: The rules have done away with the requirement of a medical examination for trans persons applying for a certificate of identity to the district magistrate.
    • However, incase of gender change application by a trans person,  a certificate from the medical superintendent of the medical institution where the applicant underwent the intervention would be required.
  • Educational Institutions: All educational institutions shall have a committee that transgender persons can approach in case of any harassment or discrimination.
  • Provisions for non-discrimination: Governments shall take adequate steps to prohibit discrimination in any Government or private organisation or establishment including in the areas of education, employment among others.
  • Transgender Protection Cell: Every State Government shall set up a Transgender Protection Cell under the charge of the District Magistrate and Director General of Police to monitor cases of offences against transgender persons.
  • Punishment: States will be responsible for timely prosecution of individuals charged under Section 18 of the Act which proscribes offences against the transgender community and penalties.The offences would be punishable with imprisonment for six months upto two years with a fine.

Additional Facts:

  • Transgender Persons (Protection of Rights) Act,2019: The act aims to ensure Social, economic and educational empowerment of transgender persons.
    • Definition of Transgender: Those whose gender does not match the gender assigned to that person at birth.
    • Right of residence: Every transgender person shall have a right to reside and be included in his household.  
    • National Council for Transgender persons (NCT): It would advise the central government on related policies and legislation and also act as a centre for grievance redressals.