Transgender Persons (Protection of Rights) Act 2019 comes into force from 10 January 2020

The Transgender Persons (Protection of Rights) Act, 2019 has come into force on 10th January 2020. The Bill was passed in Lok Sabha during the monsoon session and by Rajya Sabha in the winter session. The Act received the assent of the President on 5 December 2019 and the objective of the Act is for protection of the rights of transgender persons and their welfare.

The definition of “transgender” according to the bill is ‘one whose gender does not match the gender assigned at birth. It includes trans-women, trans-men, persons with socio-cultural identities.

The Act prohibits discrimination against transgender person which includes denial of services or unfair treatment in relation to (1) education; (2) Employment; (3) Healthcare; (4) ) Access to, or enjoyment of goods, facilities, opportunities available to the public; (5) Right to movement; (6) Right to reside, rent, or otherwise occupy property; (7) Opportunity to hold public or private office; (8) Access to a government or private establishment in whose care or custody a transgender person is.

It criminalizes denial of transgenders from using public places, removing transgender persons from households, villages, etc. The Bill prescribes that to obtain a certificate of identity a transgender person may make an application to the District Magistrate and this is prescribed in the Act to ensure the identity of a transgender. If a person undergoes any surgery to change his/her gender either as male or female then the person may obtain a revised certificate.