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THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2019

THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2019

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“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.


Prohibition against discrimination: No person or establishment shall discriminate a
transgender person on any grounds of denial, discontinuation, unfair treatment in (a)
educational establishments and services ; (b) employment or occupation; (c)
healthcare services; (d) enjoyment or use of any goods, accommodation, service,
facility, benefit, privilege or opportunity dedicated to the use of the general public or
customarily available to the public; (e) reside, purchase, rent, or otherwise occupy any
property; (f) the opportunity to stand for or hold public or private office; (g)
Government or private establishment in whose care or custody a transgender person
may be.


Recognition of identity of transgender persons by Application for certificate of
identity:
A transgender person may make an application to the District Magistrate for
issuing a certificate of identity as a transgender person, then identity certificate issued
will be indicating the gender of such person as transgender. This certificate shall
confer rights and be a proof of recognition of his identity as a transgender person.


Revised Certificate for Change in Gender: After the issue of a certificate, if a
transgender person undergoes surgery to change gender either as a male or female,
such person will be issued a new certificate indicating a change in gender in such form
and manner and within such time, as may be prescribed. Such person shall be entitled
to change the first name in the birth certificate and all other official documents relating
to the identity of such person and that will not affect the rights and entitlements of
such person.


Right of residence: (1) No child shall be separated from parents or immediate family
on the ground of being a transgender
(2) Every transgender person shall have a right— (a) To reside in the household (b)
Not to be excluded from such household (c) To enjoy and use the facilities of
household in a non-discriminatory manner.
(3) Where any parent are unable to take care of a transgender, the court shall by an
order direct such person to be placed in rehabilitation centre.


Education and Social Security: Every educational institution shall provide inclusive
education and opportunities for sports, recreation and leisure activities to transgender persons without discrimination on an equal basis with others.
The Government will formulate welfare schemes and programmes to facilitate and support livelihood for transgender persons including their vocational training and self-employment.

Health of transgender persons : Measures to be taken are
(a) To set up separate human immunodeficiency virus Sero-surveillance Centres to
conduct sero-surveillance for such persons.
(b) To provide for medical care facility including sex reassignment surgery and
hormonal therapy;
(c) Before and after sex reassignment surgery and hormonal therapy counselling;
(d) Health Manual related to sex reassignment surgery
(e) Review of medical curriculum and research for doctors to address their specific
health issues;
(f) To facilitate access to transgender persons in hospitals and other healthcare
institutions and centres;
(g) Provision for coverage of medical expenses by a comprehensive insurance scheme
for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health
issues of transgender persons.


National Council For Transgender Persosns: The Central Government constitute a
National Council for Transgender Persons to exercise the powers and to perform the
functions as to advise, monitor and evaluate the impact of policies then to review and
co-ordinate the activities to the Central Government on the formulation of policies,
programmes, legislation and projects with respect to transgender persons.


Penalties: Any person compels the transgender to indulge in the act of forced or
bonded labour, denies the right of passage to a public place or obstructs from having
access to a public place either forces to leave household, village or other place of
residence or harms, injures, endangers the life, safety, health or well-being, 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.

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