Transgender Persons (Protection of Rights) Act, 2019 | Gist of Rajya Sabha TV / RSTV (now Sansad TV) - UPSC PDF Download

Introduction

This is a law that aims to safeguard the rights of transgender individuals and promote their welfare. It also covers other related matters and issues that may arise as a result.

Highlights and its Analysis

Definition of a transgender person:

• This bill aims to protect and promote the rights and welfare of transgender persons, and also prohibits discrimination against them. According to the bill, a transgender person is someone whose gender does not match the gender assigned to them at birth, including trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities such as kinnar and hijra. Intersex variations are defined as a variation in primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female at birth.
• The bill specifically prohibits discrimination in various areas of life including education, employment, healthcare, access to public goods and services, right to movement, right to residence, right to hold public or private office, and access to a government or private establishment that has custody of a transgender person.
• The bill also gives transgender persons the right to reside in their household, and if their immediate family is unable to care for them, the person may be placed in a rehabilitation center, on the orders of a competent court. Discrimination in employment is also prohibited, and establishments are required to designate a complaint officer to handle complaints related to the Act. Educational institutions funded or recognized by the government must provide inclusive education, sports, and recreational facilities for transgender persons.
• Furthermore, the government is required to provide health facilities to transgender persons, including separate HIV surveillance centers and sex reassignment surgeries. The medical curriculum will also be reviewed to address the health issues of transgender persons, and comprehensive medical insurance schemes will be provided to them.

Certificate of identity for a transgender person:

• To obtain a certificate of identity indicating their gender as "transgender," a transgender person can apply to the District Magistrate. However, a revised certificate can only be obtained if the individual undergoes gender reassignment surgery to transition to male or female.
• The government is responsible for ensuring the full participation and inclusion of transgender persons in society by taking measures such as rescue and rehabilitation, vocational training, creating schemes that are transgender-sensitive, and promoting their participation in cultural activities. The Bill also identifies offenses against transgender persons, including forced labor, denial of use of public places, removal from household and village, and physical, sexual, verbal, emotional or economic abuse. Penalties for these offenses range from six months to two years imprisonment and a fine.
• The National Council for Transgender persons (NCT) will be established with the Union Minister for Social Justice as the Chairperson and the Minister of State for Social Justice as the Vice-Chairperson. The council will have representatives from various ministries, including Health, Home Affairs, and Human Resources Development, and five members from the transgender community and five experts from non-governmental organizations. State governments will also be represented. The council will advise the central government, monitor the impact of policies, legislation, and projects related to transgender persons, and address their grievances.

Criticisms:

• The Act has faced criticism for not providing reservations for transgender persons and for not addressing the issue of poverty in the community. 
• While it includes punishments for organised begging, it does not offer any solutions to improve the socio-economic conditions of transgender persons. 
• Furthermore, the Act is also criticized for not including provisions for punishments for rape or sexual assault of transgender persons, as the current definition of rape in the Indian Penal Code only applies to women being forcibly penetrated by men.