Draft Transgender Persons (Protection of Rights) Rules, 2020, Published [Read Notification]

Central Ministry of Social Justice and Empowerment has published a draft of the Transgender Persons (Protection of Rights) Rules, 2020, in the official Gazette calling for suggestions and objections from the public.

The Parliament passed Transgender Persons (Protection of Rights) Act in November, last year, which aims at protecting the rights of transgender persons by granting them recognition and making welfare provisions for them. The draft Rules deal with 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.

The proposed Rules defines 'discrimination' to means 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 Rules also mandates the appropriate Government to also 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. The appropriate government shall also formulate a comprehensive policy on the measures and procedures necessary to protect transgender persons in accordance with the provisions of the Act. The Rules also provides that every establishment 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.

The draft Rules also envisage creation of a Grievance Redressal Forums and provides that the Government should ensure that every establishment designates a complaint officer in accordance with section 11 of the Act. It also provides for creation of a National Council for monitoring, review and evaluation of transgender welfare and protection of rights at the State and local level

Suggestions and objections, if any, may be addressed to the Joint Secretary to the Government of India, Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi - 110001; within 30 days.

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