Parliament on November 26, 2019 passed the Transgender Persons (Protection of Rights) Bill, 2019, with the Rajya Sabha approving it on November 26, 2019 by a voice vote.
The Lok Sabha had already passed the bill.
Provisions of the Bill
According to the bill, “transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.
The bill proposes setting up of a National Council for Transgender Persons to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. The council will be chaired by the Ministry of Social Justice and Empowerment. The Minister of State, in-charge of the Ministry of Social Justice and Empowerment in the Government will be theVice-Chairperson, ex officio of this council.
The bill provides every transgender person a right to reside and be included in his household.
The Bill prohibits discrimination against a transgender person including denial of service, unfair treatment in education, employment, healthcare, enjoyment of goods, facilities, opportunities available to the public, right to movement and right to reside.
As per the legislation, no government or private entity can discriminate against a transgender person in employment matters including recruitment and promotion.
Offences
According to the bill, forcing transgender person in bonded labour, denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use; forces or causes a transgender person to leave household, village or other place of residence; and harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine
