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The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons (Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential assent on December 5, 2019.

Background

  • The Transgender Persons (Protection of Rights) Bill, 2016 Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male.
  • Additionally, the bill states that the person’s gender must not match the assigned gender at birth.
  • Every transgender person in the country must obtain an identity certificate which will be used as the proof of recognition of identity as a transgender person and to avail all the rights under the Bill.
  • The identity certificate would be granted by the District Magistrate on the recommendation of a Screening Committee.
  • The screening committee for recommending the certificate would comprise a medical officer, a psychologist or psychiatrist, a district welfare officer, a government official, and a transgender person.
  • The Transgender Persons (Protection of Rights) Bill, 2016 prohibits discriminating with transgender people in education, employment, healthcare and other areas.
  • The Bill directs the central and state governments for providing welfare schemes to the Transgender community in these areas.
  • The Bill also provides for the punishment of up to two years’ imprisonment and a fine for offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc.
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