Draft Transgender Persons Protection Rights Rules

Draft Transgender Persons Protection Rights Rules

  • Recently, the Central government put to an end the requirement of a medical examination for trans persons applying for a certificate of identity in its latest draft rules framed under Transgender Persons (Protection of Rights) Act, 2019.
  • In 2014, the Supreme Court recognized a transgender person՚s right to self-identify their gender as male, female or third gender. The apex court addressed it as a “human rights issue.”
  • The verdict mentioned that the non-recognition of gender identity violates Article 15 of the constitution, which prohibits discrimination based on sex.
  • The Transgender Persons (Protection of Rights) Act, 2019 allows a person to self-observe their gender identity and provides for the identification of transgender persons and confers them with certain rights and benefits.
  • The earlier draft had mandated a report from a psychologist along with the affidavit for the application.
  • The trans rights movement had opposed this, as it was going against a trans person՚s right to self-identification, which was upheld by Supreme Court in 2014.

Highlights of the New Draft

  • It has addressed community issues regarding identity and included welfare measures for trans persons.
  • It states that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, but without any medical examination.
  • Transgender persons would be required to fill out a form and submit an affidavit saying they perceive themselves to be “a transgender person whose gender does not match with the gender assigned at birth.”
  • In case of change of gender, the application for new identification certificate would require a certificate from the medical superintendent or chief medical officer of the medical institution where the applicant underwent the intervention.

A series of welfare schemes have been proposed including making at least one hospital in each state equipped to provide

  • “safe and free gender affirming surgery”
  • counseling and hormone replacement therapy
  • providing medical insurance cards
  • giving scholarships to trans persons
  • facilitating accommodation and schooling for trans
  • gender non-conforming and intersex children at government run schools and colleges
  • universal access to food security

Article 15 of the Constitution

  • It comes under Part III of the Constitution of India.
  • Part III deals with the fundamental rights of the citizens of India.
  • It provides for the “Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”
  • It is available only to citizens of India.

Examrace Team at Aug 25, 2021