A draft of the Transgender Persons (Protection of Rights) Rules, 2020, in the official Gazette has been published and callsfor suggestions and objections from the public have been made by Central Ministry of Social Justice and Empowerment.
In November 2019, the Parliament passed Transgender Persons (Protection of Rights) Actwhich aimed at protecting the rights of transgender persons by granting them recognition and making welfare provisions for them. The Rules in the draft work on the application for issue of certificate of identity card, the procedure and issue of the Identity card,Procedure for issue of a certificate of identity for change of gender etc.
‘Discrimination’ is expressed in the proposed rules, as any distinction, exclusion or restriction on the basis of gender identity and expression which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination, including denial of reasonable accommodation.
The appropriate Government should take adequate steps to prohibit discrimination in any Government or private organisation or establishment including in the areas of education, employment, healthcare, public transportation, participation in public life, sports, leisure and recreation and opportunity to hold public or private office.
Formulation of a comprehensive policy on the measures and procedures necessary to protect transgender persons in accordance with the provisions of the Act shall also be done by the appropriate Government. Every establishment in accordance with the rules shall implement all measures to ensure non-discrimination against any transgender person in any matter relating to employment including, but not limited to, infrastructure adjustments, recruitment, promotion and other related issues.
Creation of Grievance Redressal Forumsis highlighted in the rules and provides that in accordance with section 11 of the Act, the Government should ensure that every establishment designates a complaint officer. Creation of a National Council for monitoring, review and evaluation of transgender welfare and protection of rights at the State and local level is also mentioned.
Within 30 days, Addresses in form of Suggestions and objections can be made to the Joint Secretary to the Government of India, Ministry of Social Justice and Empowerment, ShastriBhawan, New Delhi – 110001.
Read the Notification:
