The Transgender Persons (Protection of Rights) Act, 2019 is a piece of legislation in India that aims to provide for the protection of rights of transgender persons, their welfare, and other related matters.
The Act was signed into law on December 5, 2019. It offers several significant provisions:
- Prohibition of Discrimination: The Act prohibits discrimination against a transgender person in areas such as education, employment, and healthcare.
- Right to Self-Perceived Gender Identity: Transgender persons have the right to be recognized and such recognition shall extend to the gender of their self-identified choice. They have the right to “self-perceive” their gender as male, female, or transgender.
- Certificate of Identity: A transgender person may make an application to the District Magistrate for a certificate of identity as a transgender person.
- Welfare Measures by Government: The Act directs the government to formulate welfare measures in areas like education, healthcare, and social security for transgender persons.
- Offences and Penalties: The Act prescribes penalties for offenses against transgender persons, including forced or bonded labor, denial of use of a public place, removal from household and village, and physical, sexual, verbal, emotional, and economic abuse.
However, the Act has also been met with criticism from transgender activists in India. Concerns have been raised about the requirement of certificates to officially recognize a person’s gender, the lack of provisions for enforcement of non-discrimination, the inadequate measures for healthcare, education, and employment, and the relatively light sentences for crimes against transgender individuals, among other issues.
This is a brief overview and interpretation of the law as of the last update in September 2021, but laws are subject to change and interpretations may vary. It is advisable to consult with a legal professional or a reliable source for the most current and accurate information.