Transgender Persons (Protection of Rights) Act, 2019

In News: Social Justice Ministry slamed the aviation regulator, demands guidelines for licensing of transgender persons as pilots.

• The Directorate General of Civil Aviation’s (DGCA) denied commercial pilot license to a transgender candidate.
• The actions of the DGCA violates the provisions stated under The Transgender Persons (Protection of Rights) Act of 2019, as it ends up being discriminatory by denying/ terminating employment or occupation on the basis of gender of the person.

The Transgender Persons (Protection of Rights) Act of 2019

Definition of a transgender person:

• The Bill defines a transgender person as one whose gender does not match the gender assigned at birth.
• It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra

Prohibition against discrimination:

• The Bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to:
• education;
• employment;
• healthcare;
• access to, or enjoyment of goods, facilities, opportunities available to the public;
• right to movement;
• right to reside, rent, or otherwise occupy property;
• opportunity to hold public or private office; and
• access to a government or private establishment in whose care or custody a transgender person is.

Right of residence:

• Every transgender person shall have a right to reside and be included in his household.

Employment:

• No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.
• Every establishment is required to designate a person to be a complaint officer to deal with complaints in relation to the Act.

Education:

• Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.

Health care:

• The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

Certificate of identity for a transgender person:

• A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.

Welfare measures by the government:

The Bill states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society.

It must also take steps for their rescue and rehabilitation, vocational training and self-employment, etc.

National Council for Transgender persons (NCT):

• The Council will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons.
• It will also redress the grievances of transgender persons.

Source: The Hindu