This was passed in Lok Sabha in 2019 and came into existence in 2020, to protect the rights of the transgender community against discrimination on grounds of employment, education, and health care.
The bill defines a transgender person as those whose gender does not match the gender assigned during birth.
It includes trans-man, trans-women, persons with intersex variations, gender-queers, and a person with socio-cultural identities- kinnar, hijra.
A transgender person should make an application to District Magistrate for a certificate of identity as “ transgender”.
A revised certificate (Male/Female) is also availed if the person undergoes sex reassignment surgery.
To avoid physical interaction with the officials, transgenders can apply for the certificate from anywhere in the country.
The Bill prohibits discrimination against a transgender person concerning Education, employment, health care, access to public goods, opportunity to hold Public office, and access to an establishment in whosever custody a transgender person is.
It seeks to provide health care facilities like separate HIV surveillance centres, medical facilities for sex reassignment surgeries and hormonal therapy, medical insurance schemes, and revised medical programs.
A transgender person has the right to reside in his household, if not then that particular person is placed in a rehabilitation centre on court orders.
There is a community-based organisation in Vadodara, Gujarath called Lakshya Trust which is a shelter home for transgenders and provides shelter, food, clothing, skill development opportunities, physical fitness, legal support, technical advice for gender transition surgeries etc.
10 cities across India are to be set up with shelter homes.
No entity can discriminate against the Employment of a transgender person either recruitment or promotion. A complaint officer designated to the company will deal with the complaints.
Inclusive Education, sports, and extra-curricular activities for transgender without any discrimination.
Offences against transgender persons including forced labour, denial of entry to public places, removal from home/ any place, and physical, verbal, and emotional abuse have imprisonment of six months to two years and a fine.
Setting up of the National Council for Transgender persons (NCT), which advises the central government on the impact of policies and projects on trans persons.
It also has 5 members from the transgender community representing NCT and also redresses the grievances of the transgender community.
Problems faced due to the bill-
It is discriminatory that the imprisonment in case of sexual abuse of transgender is two years whereas for women it is up to 7 years. This discrimination inherently is proof of inequality.
Many transgenders are encountering atrocities in their own family and the only alternative to violence from family is rehabilitation centres.
The bill has “inclusive education and Employment opportunities” but fails to draw a concrete plan, for example, scholarship, reservation, and the safety of schools and workplaces for trans people.
It also does not recognise the penalties for officials in education, health care, police stations, jails, remand homes etc for those participating in violence against transgender persons.
It also does not have provisions regarding the rape of trans persons.
