Transgender Persons (Protection of Rights) Act, 2019

Hijra and companions in Eastern Bengal

Protest against Transgender Bill in Mumbai, India

Transgender Persons (Protection of Rights) Act, 2019 is a significant piece of legislation passed by the Parliament of India with the aim of protecting the rights of transgender individuals. This act was a landmark move towards ensuring equality, prohibiting discrimination, and providing a framework for recognizing the identity of transgender persons in India. It was enacted on December 5, 2019, marking a pivotal moment in the fight for transgender rights in the country.

Overview

The Transgender Persons (Protection of Rights) Act, 2019, seeks to provide a mechanism for the social, economic, and educational empowerment of transgender persons. It lays down provisions to prevent discrimination against transgender people in various sectors such as employment, education, healthcare, and access to public services. The act also mandates the establishment of a National Council for Transgender Persons to advise, monitor, and evaluate the policies and programs designed for the transgender community.

Key Provisions

• Recognition of Identity: The act allows transgender individuals to self-perceive their gender identity. Upon application, a Certificate of Identity, indicating the gender as ‘transgender’, is issued by the District Magistrate.
• Prohibition of Discrimination: It prohibits discrimination against transgender persons in areas such as education, employment, healthcare, access to goods, accommodation, and the right to movement.
• Welfare Measures: The act mandates the government to take steps to secure full and effective participation of transgender persons in society and to ensure their welfare.
• National Council for Transgender Persons: The establishment of a National Council for Transgender Persons is one of the key features of the act. This council is tasked with advising the government on policies and legislation related to transgender persons.

Criticism and Controversy

While the Transgender Persons (Protection of Rights) Act, 2019, has been hailed as a progressive step, it has also faced criticism from various quarters of the transgender community and activists. Critics argue that the act does not fully recognize the principle of self-identification, as it requires transgender persons to obtain a certificate of identity from the District Magistrate. There are concerns that this process could lead to bureaucratic hurdles and infringe on the dignity and privacy of transgender individuals. Additionally, the act has been criticized for not addressing the issue of reservation in jobs and education for transgender persons, which is crucial for their socio-economic upliftment.

Conclusion

The Transgender Persons (Protection of Rights) Act, 2019, represents a significant milestone in the legal recognition and protection of transgender rights in India. Despite its shortcomings and the criticism it faces, the act is a step forward in the direction of inclusivity and equality. It underscores the need for continuous dialogue, amendments, and policy interventions to address the concerns of the transgender community effectively.