The Transgender Persons (Protection of Rights) Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS)

•BILL, 2019

•A

•BILL

•to provide for protection of rights of transgender persons and their welfare and for

•matters connected therewith and incidental thereto.

•BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

SECTION Section 10

Untitled Section

6.(1) The District Magistrate shall issue to the applicant under section 5, a certificate

•of identity as transgender person after following such procedure and in such form and

•manner, within such time, as may be prescribed indicating the gender of such person as

transgender.

(2)The gender of transgender person shall be recorded in all official documents in

•accordance with certificate issued under sub-section (1).

(3)A certificate issued to a person under sub-section (1) shall confer rights and be a

•proof of recognition of his identity as a transgender person.

•Recognition

•of identity of

•transgender

person.

•Application

•for certificate

•of identity.

•Issue of

•certificate of

identity.

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SECTION Section 11

Untitled Section

7.(1) After the issue of a certificate under sub-section (1) of section 6, if a transgender

•person undergoes surgery to change gender either as a male or female, such person may

•make an application, along with a certificate issued to that effect by the Medical Superintendent

•or Chief Medical Officer of the medical institution in which that person has undergone

•surgery, to the District Magistrate for revised certificate, in such form and manner as may be

prescribed.

(2)The District Magistrate shall, on receipt of an application along with the certificate

•issued by the Medical Superintendent or Chief Medical Officer, and on being satisfied with

•the correctness of such certificate, issue a certificate indicating change in gender in such

•form and manner and within such time, as may be prescribed.

(3)The person who has been issued a certificate of identity under section 6 or a

•revised certificate under sub-section (2) shall be entitled to change the first name in the birth

•certificate and all other official documents relating to the identity of such person:

•Provided that such change in gender and the issue of revised certificate under

•sub-section (2) shall not affect the rights and entitlements of such person under this Act.

SECTION Section 12

Untitled Section

•CHAPTER IV

•W

•ELFARE MEASURES BY GOVERNMENT

SECTION Section 13

Untitled Section

8.( 1) The appropriate Government shall take steps to secure full and effective

•participation of transgender persons and their inclusion in society.

(2)The appropriate Government shall take such welfare measures as may be prescribed

•to protect the rights and interests of transgender persons, and facilitate their access to

•welfare schemes framed by that Government.

(3)The appropriate Government shall formulate welfare schemes and programmes

•which are transgender sensitive, non-stigmatising and non-discriminatory.

(4)The appropriate Government shall take steps for the rescue, protection and

•rehabilitation of transgender persons to address the needs of such persons.

(5)The appropriate Government shall take appropriate measures to promote and protect

•the right of transgender persons to participate in cultural and recreational activities.

SECTION Section 14

Untitled Section

•CHAPTER V

•O

•BLIGATION OF ESTABLISHMENTS AND OTHER PERSONS

SECTION Section 15

Untitled Section

9.No establishment shall discriminate against any transgender person in any matter

•relating to employment including, but not limited to, recruitment, promotion and other related

issues.

SECTION Section 16

Untitled Section

10.Every establishment shall ensure compliance with the provisions of this Act and

•provide such facilities to transgender persons as may be prescribed.

SECTION Section 17

Untitled Section

11.Every establishment shall designate a person to be a complaint officer to deal with

•the complaints relating to violation of the provisions of this Act.

SECTION Section 18

Untitled Section

12.(1) No child shall be separated from parents or immediate family on the ground of

•being a transgender, except on an order of a competent court, in the interest of such child.

(2)Every transgender person shall have—

(a)a right to reside in the household where parent or immediate family members

•reside;

(b)a right not to be excluded from such household or any part thereof; and

(c)a right to enjoy and use the facilities of such household in a non-discriminatory

manner.

•Change in

gender.

•Obligation of

•appropriate

Government.

•Non-

•discrimination

•in

employment.

•Obligations of

establishments.

•Grievance

•redressal

mechanism.

•Right of

residence.

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(3)Where any parent or a member of his immediate family is unable to take care of a

•transgender, the competent court shall by an order direct such person to be placed in

•rehabilitation centre.

SECTION Section 19

Untitled Section

•CHAPTER VI

•E

•DUCATION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

13.Every educational institution funded or recognised by the appropriate Government

•shall provide inclusive education and opportunities for sports, recreation and leisure activities

•to transgender persons without discrimination on an equal basis with others.

14.The appropriate Government shall formulate welfare schemes and programmes to

•facilitate and support livelihood for transgender persons including their vocational training

•and self-employment.

SECTION Section 21

Untitled Section

15.The appropriate Government shall take the following measures in relation to

•transgender persons, namely:—

(a)to set up separate human immunodeficiency virus Sero-surveillance Centres

•to conduct sero-surveillance for such persons in accordance with the guidelines issued

•by the National AIDS Control Organisation in this behalf;

(b)to provide for medical care facility including sex reassignment surgery and

•hormonal therapy;

(c)before and after sex reassignment surgery and hormonal therapy counselling;

(d)bring out a Health Manual related to sex reassignment surgery in accordance

•with the World Profession Association for Transgender Health guidelines;

(e)review of medical curriculum and research for doctors to address their specific

•health issues;

(f)to facilitate access to transgender persons in hospitals and other healthcare

•institutions and centres;

(g)provision for coverage of medical expenses by a comprehensive insurance

•scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other

•health issues of transgender persons.

SECTION Section 22

Untitled Section

•CHAPTER VII

•N

•ATIONAL COUNCIL FOR TRANSGENDER PERSONS

SECTION Section 23

Untitled Section

16.(1) The Central Government shall by notification constitute a National Council for

•Transgender Persons to exercise the powers conferred on, and to perform the functions

•assigned to it, under this Act.

(2)The National Council shall consist of—

(a)the Union Minister in-charge of the Ministry of Social Justice and

•Empowerment, Chairperson, ex officio;

(b)the Minister of State, in-charge of the Ministry of Social Justice and

•Empowerment in the Government, Vice-Chairperson, ex officio;

(c)Secretary to the Government of India in-charge of the Ministry of Social

•Justice and Empowerment, Member, ex officio;

(d)one representative each from the Ministries of Health and Family Welfare,

•Home Affairs, Housing and Urban Affairs, Minority Affairs, Human Resources

•Obligation of

•educational

•institutions to

•provide

•inclusive

•education to

•transgender

persons.

•V ocational

•training and

•self-

employment.

•Healthcare

facilities.

•National

•Council for

•Transgender

Persons.

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•Development, Rural Development, Labour and Employment and Departments of Legal

•Affairs, Pensions and Pensioners Welfare and National Institute for Transforming

•India Aayog, not below the rank of Joint Secretaries to the Government of India,

•Members, ex officio;

(e)one representative each from the National Human Rights Commission and

•National Commission for Women, not below the rank of Joint Secretaries to the

•Government of India, Members, ex officio;

(f)representatives of the State Governments and Union territories by rotation,

•one each from the North, South, East, West and North-East regions, to be nominated

•by the Central Government, Members, ex officio;

(g)five representatives of transgender community, by rotation, from the State

•Governments and Union territories, one each from the North, South, East, West and

•North-East regions, to be nominated by the Central Government, Members;

(h)five experts, to represent non-governmental organisations or associations,

•working for the welfare of transgender persons, to be nominated by the Central

•Government, Members; and

(i)Joint Secretary to the Government of India in the Ministry of Social Justice

•and Empowerment dealing with the welfare of the transgender persons, Member

•Secretary, ex officio.

(3)A Member of National Council, other than ex officio member, shall hold office for a

•term of three years from the date of his nomination.

SECTION Section 24

Untitled Section

17.The National Council shall perform the following functions, namely:—

(a)to advise the Central Government on the formulation of policies, programmes,

•legislation and projects with respect to transgender persons;

(b)to monitor and evaluate the impact of policies and programmes designed for

•achieving equality and full participation of transgender persons;

(c)to review and coordinate the activities of all the departments of Government

•and other Governmental and non-Governmental Organisations which are dealing with

•matters relating to transgender persons;

(d)to redress the grievances of transgender persons; and

(e)to perform such other functions as may be prescribed by the Central

Government.

SECTION Section 25

Untitled Section

•CHAPTER VIII

•O

•FFENCES AND PENALTIES

SECTION Section 26

Untitled Section

18.Whoever,—

(a)compels or entices a transgender person to indulge in the act of forced or

•bonded labour other than any compulsory service for public purposes imposed by

•Government;

(b)denies a transgender person the right of passage to a public place or obstructs

•such person from using or having access to a public place to which other members

•have access to or a right to use;

(c)forces or causes a transgender person to leave household, village or other

•place of residence; and

(d)harms or injures or endangers the life, safety, health or well-being, whether

•mental or physical, of a transgender person or tends to do acts including causing

•physical abuse, sexual abuse, verbal and emotional abuse and economic abuse,

•Functions of

Council.

•Offences and

penalties.

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•shall be punishable with imprisonment for a term which shall not be less than six months but

•which may extend to two years and with fine.

SECTION Section 27

Untitled Section

•CHAPTER IX

•MISCELLANEOUS

SECTION Section 28

Untitled Section

19.The Central Government shall, from time to time, after due appropriation made by

•Parliament by law in this behalf, credit such sums to the National Council as may be necessary

•for carrying out the purposes of this Act.

SECTION Section 29

Untitled Section

20.The provisions of this Act shall be in addition to, and not in derogation of, any

•other law for the time being in force.

SECTION Section 3

Untitled Section

1.( 1) This Act may be called the Transgender Persons (Protection of Rights)

•Act, 2019.

(2)It extends to the whole of India.

(3)It shall come into force on such date as the Central Government may, by notification

•in the Official Gazette, appoint.

•Short title,

•extent and

commencement.

•Bill No. 169 of 2019

•AS INTRODUCED IN LOK SABHA

•5

•2

SECTION Section 30

Untitled Section

21.No suit, prosecution or other legal proceeding shall lie against the appropriate

•Government or any local authority or any officer of the Government in respect of anything

•which is in good faith done or intended to be done in pursuance of the provisions of this Act

•and any rules made thereunder.

SECTION Section 31

Untitled Section

22.( 1) The appropriate Government may, subject to the condition of previous

•publication, by notification, make rules for carrying out the provisions of this Act.

(2)In particular, and without prejudice to the generality of the foregoing powers, such

•rules may provide for all or any of the following matters, namely:—

(a)the form and manner in which an application shall be made under section 5;

(b)the procedure, form and manner and the period within which a certificate of

•identity is issued under sub-section (1) of section 6;

(c)the form and manner in which an application shall be made under

•sub-section (1) of section 7;

(d)the form, period and manner for issuing revised certificate under

•sub-section (2) of section 7;

(e)welfare measures to be provided under sub-section (2) of section 8;

(f)facilities to be provided under section 10;

(g)other functions of the National Council under clause (e) of section 17; and

(h)any other matter which is required to be or may be prescribed.

(3)Every rule made by the Central Government under sub-section (1), shall be laid, as

•soon as may be after it is made, before each House of Parliament, while it is in session, for a

•total period of thirty days which may be comprised in one session or in two or more successive

•sessions, and if, before the expiry of the session immediately following the session or the

•successive sessions aforesaid, both Houses agree in making any modification in the rule or

•both Houses agree that the rule should not be made, the rule shall thereafter have effect only

•in such modified form or be of no effect, as the case may be; so, however, that any such

•modification or annulment shall be without prejudice to the validity of anything previously

•done under that rule.

(4)Every rule made by the State Government under sub-section (1), shall be laid, as

•soon as may be after it is made, before each House of the State Legislature where it consists

•of two Houses, or where such legislature consists of one House, before that House.

SECTION Section 32

Untitled Section

23.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central

•Government may, by order published in the Official Gazette, make such provisions, not

•inconsistent with the provisions of this Act as appear to it to be necessary or expedient for

•removing the difficulty:

•Provided that no such order shall be made after the expiry of the period of two years

•from the date of commencement of this Act.

(2)Every order made under this section shall, as soon as may be after it is made, be laid

•before each House of Parliament.

•Grants by

•Central

Government.

•Act not in

•derogation of

•any other law.

•Protection of

•action taken

•in good faith.

•Power of

•appropriate

•Government

•to make rules.

•Power to

•remove

difficulties.

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•STATEMENT OF OBJECTS AND REASONS

•Transgender community is one of the most marginalised communities in the country

•because they do not fit into the general categories of gender of male or female. Consequently,

•they face problems ranging from social exclusion to discrimination, lack of education facilities,

•unemployment, lack of medical facilities and so on.

SECTION Section 33

Untitled Section

2.Though article 14 of the Constitution guarantees to all persons equality before law,

SECTION Section 34

Untitled Section

•clauses (1) and (2) of article 15 and clause (2) of article 16, inter alia, prohibit in express

•terms, discrimination on the ground only of sex and sub-clause (a) of clause (1) of article 19

•ensures freedom of speech and expression to all citizens, yet the discrimination and atrocities

•against the transgender persons continue to take place.

SECTION Section 35

Untitled Section

3.The Hon'ble Supreme Court, vide its order dated 15th April, 2014, passed in the case

•of National Legal Services Authority Vs. Union of India, inter alia, directed the Central

•Government and State Governments to take various steps for the welfare of transgender

•community and to treat them as a third gender for the purpose of safeguarding their rights

•under Part III of the Constitution and other laws made by Parliament and the State Legislature.

SECTION Section 36

Untitled Section

4.The Transgender Persons (Protection of Rights) Bill, 2019 seeks to—

(a)define the expression "transgender person";

(b)prohibit discrimination against transgender persons;

(c)confer right upon transgender persons to be recognised as such, and a right

•to self-perceived gender identity;

(d)make provisions for issue of certificate of identity to transgender persons;

(e)provide that no establishment shall discriminate against transgender persons

•in matters relating to employment, recruitment, promotion and other related issues;

(f)provide for grievance redressal mechanism in each establishment;

(g)establish a National Council for Transgender Persons;

(h)provid epunishment for contraventions of the provisions of the proposed

legislation.

SECTION Section 37

Untitled Section

5.The Transgender Persons (Protection of Rights) Bill, 2016, for the aforementioned

•purpose, which was passed by the Lok Sabha and pending consideration and passing in

•the Rajya Sabha, lapsed on dissolution of the Sixteenth Lok Sabha. Hence, the Transgender

•Persons (Protection of Rights) Bill, 2019.

SECTION Section 38

Untitled Section

6.The Bill seeks to achieve the above objects.

•N

•EW DELHI; THAAW ARCHAND GEHLOT

•The 11th July, 2019.

•————

•PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117

•OF THE CONSTITUTION OF INDIA

•[D.O. No. 13011/7(4)/2019-DP.III dated 12 July, 2019 from Dr. Thaawarchand Gehlot,

•Minister of Social Justice and Empowerment to the Secretary General, Lok Sabha]

•The President, having been informed of the subject matter of the proposed Transgender

•Persons (Protection of Rights) Bill, 2019, recommends to the House the consideration of the

•Bill under article 117(3) of the Constitution of India.

•9

•FINANCIAL MEMORANDUM

•Sub-clause 2 of clause 8 of the Bill states that the appropriate Government shall take

•such welfare measures as may be necessary to protect the rights and interests of the

•transgender persons, and facilitate their access to welfare schemes framed by that

Government.

SECTION Section 39

Untitled Section

2.Sub-clause 3 of clause 8 of the Bill states that the appropriate Government shall

•formulate welfare schemes and programmes which are transgender sensitive, non-

•stigmatising and non-discriminatory.

SECTION Section 4

Untitled Section

2.In this Act, unless the context otherwise requires,—

(a)"appropriate Government" means,—

(i)in relation to the Central Government or any establishment, wholly or

•substantially financed by that Government, the Central Government;

•(ii) in relation to a State Government or any establishment, wholly or

•substantially financed by that Government, or any local authority, the State

•Government;

(b)"establishment" means—

(i)any body or authority established by or under a Central Act or a State

•Act or an authority or a body owned or controlled or aided by the Government

•or a local authority, or a Government company as defined in section 2 of the

•Companies Act, 2013, and includes a Department of the Government; or

•(ii) any company or body corporate or association or body of individuals,

•firm, cooperative or other society, association, trust, agency, institution;

(c)"family" means a group of people related by blood or marriage or by adoption

•made in accordance with law;

(d)"inclusive education" means a system of education wherein transgender

•students learn together with other students without fear of discrimination, neglect,

•harassment or intimidation and the system of teaching and learning is suitably adapted

•to meet the learning needs of such students;

(e)"institution" means an institution, whether public or private, for the reception,

•care, protection, education, training or any other service of transgender persons;

(f)"local authority" means the municipal corporation or Municipality or

•Panchayat or any other local body constituted under any law for the time being in

•force for providing municipal services or basic services, as the case may be, in respect

•of areas under its jurisdiction;

(g)"National Council" means the National Council for Transgender Persons

•established under section 16;

(h)"notification" means a notification published in the Official Gazette;

(i)"person with intersex variations" means a person who at birth shows variation

•in his or her primary sexual characteristics, external genitalia, chromosomes or hormones

•from normative standard of male or female body;

(j)"prescribed" means prescribed by rules made by the appropriate Government

•under this Act; and

(k)"transgender person" means 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,

•genderqueer and person having such socio-cultural identities as kinner, hijra, aravani

•and jogta.

SECTION Section 40

Untitled Section

3.Clause 14 of the Bill states that the appropriate Government shall formulate welfare

•schemes and programmes to facilitate and support livelihood for transgender persons

•including their vocational training and self-employment.

SECTION Section 41

Untitled Section

4.Clause 15 (1) (g) of the Bill contains provision for coverage of medical expenses by

•a comprehensive insurance scheme for transgender persons.

SECTION Section 42

Untitled Section

5.Clause 16 of the Bill proposes to constitution of a National Council for Transgender

Persons.

SECTION Section 43

Untitled Section

6.Clause 19 of the Bill provides that the Central Government shall, from time to time,

•after due appropriation made by Parliament by law in this behalf, credit such sums to the

•National Council as may be necessary for carrying out the purposes of this Act.

SECTION Section 44

Untitled Section

7.For the current financial year, an amount of one crore rupees has been allocated as

•budgetary expenditure for the transgender persons scheme. It is not possible at this juncture

•to estimate the full financial burden likely to be incurred if all the provisions of the proposed

•legislation, if enacted, were implemented. The above expenditure will be met from the

•budgetary allocation of the Plan Scheme for transgender persons.

SECTION Section 45

Untitled Section

8.The Bill does not involve any other recurring or non-recurring expenditure.

•10

•MEMORANDUM REGARDING DELEGATED LEGISLATION

SECTION Section 46

Untitled Section

•Clause 22 of the Bill empowers the appropriate Government to make rules for carrying

•out the provisions of the Bill. The matters in respect of which rules may be made are—

(a)the form and manner in which an application shall be made under section 5;

(b)the procedure, form and manner in which a certificate of identity is issued under

•sub-section (1) of section 6;

(c)the form and manner in which an application shall be made under sub-section (1)

•of section 7;

(d)the form, period and manner for issuing revised certificate under sub-section (2)

•of section 7;

(e)welfare measures to be provided under sub-section (2) of section 8;

(f)facilities to be provided under section 10;

(g)other functions of the National Council under clause (e) of section 17;

(h)any other matter which is required to be or may be prescribed.

•It further provides for laying of rules made thereunder before the appropriate

Legislature.

SECTION Section 47

Untitled Section

2.The matters in respect of which rules may be made under the aforesaid provisions

•are matters of procedure and administrative details and it is not practicable to provide for

•them in the Bill itself. The delegation of legislative power is, therefore, of a normal character.

•LOK SABHA

•————

•A

•BILL

•to provide for protection of rights of transgender persons and their welfare and for

•matters connected therewith and incidental thereto.

•————

•(Shri Thaawarchand Gehlot, Minister of Social Justice and Empowerment)

•MGIPMRND—1516LS(S3)—12.07.2019.

•LOK SABHA

•------

•CORRIGENDUM

•to

•THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2019

•[To be/As introduced in Lok Sabha]

SECTION Section 48

Untitled Section

1.Page 7, line 16,-

•for “foregoing powers,”

•read “foregoing power,”

•NEW DELHI;

•July 15, 2019______

•Ashadha 24, 1941 (Saka)

SECTION Section 5

Untitled Section

•CHAPTER II

•P

•ROHIBITION AGAINST DISCRIMINATION

SECTION Section 6

Untitled Section

3.No person or establishment shall discriminate against a transgender person on any

•of the following grounds, namely:—

Definitions.

•Prohibition

•against

discrimination.

•18 of 2013.

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(a)the denial, or discontinuation of, or unfair treatment in, educational

•establishments and services thereof;

(b)the unfair treatment in, or in relation to, employment or occupation;

(c)the denial of, or termination from, employment or occupation;

(d)the denial or discontinuation of, or unfair treatment in, healthcare

•services;

(e)the denial or discontinuation of, or unfair treatment with regard to, access to,

•or provision or enjoyment or use of any goods, accommodation, service, facility,

•benefit, privilege or opportunity dedicated to the use of the general public or customarily

•available to the public;

(f)the denial or discontinuation of, or unfair treatment with regard to the right of

•movement;

(g)the denial or discontinuation of, or unfair treatment with regard to the right to

•reside, purchase, rent, or otherwise occupy any property;

(h)the denial or discontinuation of, or unfair treatment in, the opportunity to

•stand for or hold public or private office; and

(i)the denial of access to, removal from, or unfair treatment in,

•Government or private establishment in whose care or custody a transgender person

•may be.

SECTION Section 7

Untitled Section

•CHAPTER III

•R

•ECOGNITION OF IDENTITY OF TRANSGENDER PERSONS

SECTION Section 8

Untitled Section

4.(1) A transgender person shall have a right to be recognised as such, in accordance

•with the provisions of this Act.

(2)A person recognised as transgender under sub-section ( 1) shall have a right to

•self-perceived gender identity.

SECTION Section 9

Untitled Section

5.A transgender person may make an application to the District Magistrate for issuing

•a certificate of identity as a transgender person, in such form and manner, and accompanied

•with such documents, as may be prescribed:

•Provided that in the case of a minor child, such application shall be made by a parent

•or guardian of such child.