Transgender Rights: What the Transgender Persons Act, Really Says

This law was implemented for safeguarding the rights and dignity of transgender persons in India. It prohibits discrimination and provides recognition, welfare, and legal protection to transgender persons.

Highlights:

• No restrictions with regard to education, employment, healthcare, accommodation, etc.
• For a person to self-identify as transgender, he/she will need to apply for identification certificates from the District Magistrate.
• Transgender persons are entitled to their self-determined gender identity.
• Entitled to equal rights and opportunities in society.
• It is obligatory for the governments to formulate well-being schemes, grant healthcare access, and provide educational opportunities.
• Imposes penalties on any persons who harm, abuse, and discriminate against transgender persons.

FAQs – Transgender Persons (Protection of Rights) Act, 2019

1. Who is classed as transgender under this Act?

Any person whose gender identity is different from the sex assigned to them at birth.

2. Does the law allow the gender of an individual to be self-determined?

Yes, the Act allows self-identification as transgender.

3. What paperwork is required for a transgender ID citation?

Application to the District Magistrate along with the form and basic ID proof not requiring any medical or surgical proof for identity as transgender.

4. What happens when someone wants to be legally recognised as male or female post-surgery?

Proof of surgery must be demonstrated to modify a gender certificate.

5. Is there discrimination against transgender persons under the act?

Yes. Under this law, discrimination in jobs, education, housing, or health care is not allowed.

6. Can a school or college deny admission to a transgender student?

No. Denial due to gender identity is illegal.

7. Can the employer refuse to hire a person because of the fact that he or she is transgender?

No. The Act prohibits discrimination in employment.

8. What kind of protection does the legislation provide under abuse or violence?

The act makes punishable those offences of harassment and physical or sexual abuse especially meted out to transgender persons.

9. Are there any welfare schemes for transgender persons?

The government should introduce skill development programmes along with health and housing for transgender persons.

10. Can a transgender person adopt a child under this law?

The Act does not mention adoption specifically. This is another area of adoption law which is being debated and varies from place to place.

11. Do the provisions of this Act allow reservation in educational institutions or jobs?

The 2019 Act does not currently provide for reservations, but there are some states that may provide this.

12. Does a medical examination need to be carried out to have legal recognition as transgender?

No. Just self-identification is required to issue the transgender ID certificate.

13. At what place can you apply for a transgender certificate?

In your District Magistrate's office.

14. How long does it take to get an NGO certificate?

It should take around 30 days to get the process done, according to rules.

15. Can a transgender person marry under this law?

The legislation is silent about marriage rights. No separate marriage law exists currently for transgender persons in India.

16. What should I do in case somebody abuses a transgender person?

Lodge a complaint at the police station. The offender(s) shall be subject to criminal penalties under this law.

17. Are transgender persons allowed in government jobs?

Yes. There should not be any discrimination during recruitment and promotion.

18. Do landlords have the right to refuse housing to transgender persons?

No. Under this Act, refusing housing is illegal.

19. Does the Act provide any helpline or portal?

Such support systems are in the stage of development by the government, but broadly speaking, support systems are available to local NGOs and district offices.

20. Is this Act enough to protect transgender rights?

This is a huge step forward, but, according to many activists, more laws and awareness are needed, especially around marriage, reservation, and healthcare access.