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Wednesday, 18 March 2020

The Transgender Persons Act, 2019

Acts and laws in India have constantly undergone amendment and been upgraded in keeping with the times. Whether in an attempt to be paperless and avoid duplication of work, or in trying to facilitate ease of work for all members through provision, protection and inclusion, the intent of labour law acts and rules has always been aimed at employee welfare.

The Transgender Persons (Protection of Rights) Act, 2019 has set in place a framework to help recognise, include and safeguard transgenders as individuals and professionals. Here are some of its key mandates:


  • Definitions: 

- The act clearly defines transgenders as ‘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, gender queer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.’
- Some other important aspects defined include inclusive education, National council (for transgender persons), and person with intersex variations


  • Prohibition against discrimination:

The Act clearly prohibits discrimination against transgenders – whether in education, employment, healthcare, use of facilities and services, movement, purchase of property, or in holding public or private office


  • Recognition of identity of transgenders:
This includes:
- The right to self-perceived identity
- Application and issuance of certificate of identity
- Guidelines for change of gender


  • Obligations:

- Obligations for welfare by government, including grants by the central government
- Obligations of establishments
- Right to residence
-Mechanism for redressal of grievances


  • National Council for Transgender persons:

- Composition of the council
- Powers and functions
- Term of officers
- Monitoring, reviewing and redressal by the council

The complete Act, its scope and extent, and applicability may be viewed and printed on https://comply4hr.com/showact.asp?act=TGPA

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