New Rules For The Protection Of Transgender Persons
Almost a year after passing Transgender Persons (Protection of Rights) Act in November, last year, for the protection of rights of transgender persons, the Ministry of Social Justice and empowerment notified the Transgender Persons (Protection of Rights) Rules, 2020. It stated the “objections and suggestion” received from the public on the draft rules by the Central Government amid criticisms from transgender rights activities and protests by the LGBTQ Community with their initial protests negated by the government.
The Rules deal with:
- Application for issue of certificate of identity under Section 6 or Section 7.
- Procedure for issue of certificate of identity.
- Issue of certificate of identity for a transgender person under Section 6.
- Procedure for issue of a certificate of identity for change of gender.
- Issue of certificate of identity.
- Welfare measures, education, social security and healthy of transgender persons by appropriate government.
- Provisions for non-discrimination.
- Equal opportunity in employment etc.
The rules mandate all educational institutions to have a committee which transgender persons can reach to in case of any harassment or discrimination. The State and Union Territories shall review all ‘existing’ educational, social security, health schemes, welfare measures, vocational training and self-employment schemes for transgender persons to facilitate their access to government welfare measures.
Furthermore, it requires the appropriate government to take measures to prohibit discrimination in any government or private organization or establishment in the areas of education, employment, healthcare, public transportation, participation in public life, sports, leisure and recreation and opportunity to hold public or private office. It shall implement a comprehensive policy on the measures and procedures for providing a safe working environment and ensure proscription of discrimination in any matter to transgender person in accordance with the provisions of the Act.
According to the Rules, all establishments, public and private shall have equal opportunity policies for transgender persons and provide for facilities on their premises, for instance, unisex toilets and equal opportunity for employment, the Rules reads.
It vests responsibility to the States for “timely prosecution of individuals” charged under Section 18 of the Act which proscribes offences against the LGBTQ Community and penalties therein which includes bonded or forced labour, denial of their right of passage to a public place or obstructing access, forcing to leave household, village or place of residence, harming or endangering life, safety or well-being and physical, sexual, verbal, emotional or economic abuse. The offences are punishable with imprisonment for six months upto two years, with a fine.
The Government shall also ensure that every establishment designates a complaint officer in accordance with Section 11 within 30 days from the enactment of the Rules. State governments shall set up a Transgender Protection Cell under the District Magistrate and DGP to monitor cases of offences against transgender persons.
By:
Kumari Simran
Student Reporter Committee, INBA