[25th September, 2020] Whereas the draft rules in exercise of the powers conferred by Section 22 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019) were published, as required by sub-section (1) of the said section vide notification of the Government of India in the Ministry of Social Justice and Empowerment, number G. S. R. 441(E), dated the 13th July, 2020 in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) inviting objections and suggestions from the persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public; And whereas, the copies of the said Gazetted notification were made available to the public on the 13th July, 2020; And whereas, the objections and suggestion received from the public in respect of the said draft rules have been considered by the Central Government; Now, therefore, in exercise of

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S.1 Short title and commencement.--

(1) These rules may be called the Transgender Persons (Protection of Rights) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

S.2 Definition.--

In these rules, unless the context otherwise requires,--

(a) "Act" means the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);

(b) "applicant" means a transgender person who submits an application under Rule 3;

(c) "application" means the application form as provided in Form 1;

(d) "any official documents" include all documents listed in Annexure 1, which the appropriate Government may revise, by notification in the Official Gazette;

(e) "certificate of identity" means a certificate issued by the District Magistrate under Section 6 or Section 7 of the Act as in Form 3 or Form 4 respectively;

(f) "form" means a form prescribed to these rules;

(g) "identity card" means a photo identity card issued in Form 5 to a transgender person under Section 6 or issued in Form 6 to a transgender person on change of gender under Section 7 on the basis of "certificate of identity" issued by the District Magistrate or an identity card

S.3 Application for issue of certificate of identity under Section 6 or Section 7.--

(1) A transgender person desirous of obtaining a certificate of identity shall make an application as prescribed in Form 1.

(2) The application shall be submitted to the District Magistrate in person or by post till online facilities are developed by the State Government concerned and thereafter the application shall be made by online only:

 Provided that the appropriate Government may undertake measures, as it deems appropriate, to facilitate the submission of applications for certificate of identity by transgender persons living in remote areas or disadvantaged conditions:

Provided further that in case of a minor child, such application shall be made by a parent or guardian of such minor child and in the case of a child in need of care and protection, by the competent authority under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).

(3) Transgender persons who have officially recorded their change in gender, whether as m

S.4 Procedure for issue of certificate of identity.--

(1) The District Magistrate shall, subject to the correctness of the applicant's particulars, get the application processed based on the affidavit submitted declaring the gender identity of any person in Form- 2, without any medical or physical examination, and thereafter issue an identification number to the applicant, which may be quoted as proof of application.

(2) For the purpose of determination of the place of residence, the applicant shall have to reside in the area under the jurisdiction of District Magistrate as on the date of application and an affidavit to this effect shall be submitted in Form-2.

S.5 Issue of certificate of identity for a transgender person under Section 6.--

(1) The District Magistrate shall issue to the applicant, a certificate of identity in Form-3 following the procedure provided in Rule 4 indicating the gender of such person.

(2) The said certificate of identity shall be issued within thirty days of receipt of duly filled in application along with the affidavit.

(3) The certificate of identity issued under sub-rule(1) shall be the basis to change the gender as well as the name and the photograph, if so necessitated, of the transgender person in all such official documents as provided in Annexure-1, in accordance with the gender specified in the said certificate of identity.

(4) The District Magistrate shall, at the time of issuance of the certificate of identity under sub-rule (1), issue a transgender identity card in Form 5 to the applicant.

(5) The appropriate Governments shall maintain a register for the issuance of certificate of identity card and the transgender identity card.

(6) The authorit

S.6 Procedure for issue of a certificate of identity for change of gender.--

(1) If a transgender person undergoes medical intervention towards a gender affirming procedure, either as a male or female, such person may apply in the Form 1, 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 the said medical intervention, to the District Magistrate for the issue of a revised certificate of identity.

(2) The District Magistrate shall, on receipt of an application referred to in sub-rule (1) shall verify the genuineness of the said medical certificate, which shall not include any physical examination.

(3) The applicant shall be a currently residing in the area under the jurisdiction of the District Magistrate as on the date of application and an affidavit to this effect shall be submitted along with the application in Form-1 and no additional evidence shall be called for.

S.7 Issue of certificate of identity under Section 7.--

(1) The District Magistrate shall issue a revised certificate of identity in Form 4 to the applicant seeking change in gender indicating the gender of such a person as male or female, as the case may be.

(2) The District Magistrate shall issue the revised certificate under sub-rule (1) within fifteen days of its receipt of the application.

(3) The certificate of identity issued under sub-rule (1) shall entitle the applicant to record or change the gender, as well as photograph and name, if so necessitated of transgender person in all such official documents provided in Annexure 1, in accordance with the gender specified in the said certificate of identity as male or female, as the case may be.

(4) The District Magistrate while issuing the certificate of identity for change of gender shall simultaneously issue an identity card in Form 6 to the applicant.

(5) The authority that issued the official document, on an application made by an applicant under sub-r

S.8 Communication of rejection of application.--

(1) In case of rejection of application made under Rule 3, the District Magistrate shall inform the applicant the reason or reasons for such rejection within thirty days from the date of receipt of such application.

(2) The District Magistrate may review the decision of rejection of the application based on the reply submitted by the applicant regarding the reason for rejection communicated in sub-rule (1) of Rule 8 within sixty days from the date of such rejection.

S.9 Right to appeal.--

The applicant shall have a right to appeal, within ninety days from the date of intimation of the rejection of the application, to the appellate authority as designated by the appropriate Government by notification for a final order.

S.10 Welfare measures, education, social security and health of transgender persons by appropriate Government.--

(1) The appropriate Government shall constitute a welfare board for the transgender persons for the purpose of protecting their rights and interests of, and facilitating access to schemes and welfare measures framed by the Government.

(2) The appropriate Government shall review all existing educational, social security, health schemes, welfare measures, vocational training and self-employment schemes to include transgender persons to protect their rights and interests and facilitate their access to such schemes and welfare measures framed by that Government

(3) The appropriate Government shall formulate educational, social security, health schemes and welfare schemes and programmes as specified in Annexure-II in a manner to be transgender sensitive, non-stigmatising and non-discriminatory to transgender persons.

(4) The appropriate Government shall take adequate steps to prohibit discrimination in any Government or private organisation, or private and public edu

S.11 Provisions for non-discrimination.--

(1)The appropriate Government shall take adequate steps to prohibit discrimination in any Government or private organisation or establishment including in the areas of education, employment, healthcare, public transportation, participation in public life, sports, leisure and recreation and opportunity to hold public or private office.

(2) The appropriate Government shall within two years from the date of coming into force of these rules, formulate a comprehensive policy on the measures and procedures necessary to protect transgender persons in accordance with the provisions of the Act.

(3) The policy formulated under sub-section (2) shall include preventative administrative and police measures to protect vulnerable transgender communities.

(4) The appropriate Government shall be responsible for the supervision of timely prosecution of individuals charged under Section 18 of the Act, or under any other Law for similar offences committed against the transgender pe

S.12 Equal opportunities in employment.--

(1)Every establishment shall implement all measures for providing a safe working environment and to ensure that no transgender person is discriminated in any matter relating to employment including, but not limited to, infrastructure adjustments, recruitment, employment benefits, promotion and other related issues.

(2) Every establishment shall publish an equal opportunity policy for transgender persons.

(3) The establishment shall display the equal opportunity policy, including the details of the complaints officer, preferably on their website, failing which, at conspicuous places in their premises.

(4) The equal opportunity policy of an establishment shall, inter alia, contain details of--

(a) infrastructural facilities (such as unisex toilets), measures put in for safety and security (transportation and guards) and amenities (such as hygiene products) to be provided to the transgender persons so as to enable them to effectively discharge their duties

S.13 Grievance redressal.--

The appropriate Government shall ensure that every establishment designates a complaint officer in accordance with Section 11 within thirty days from the date of coming into force notification of these rules.

(2) The complaint officer shall enquire into the complaints received within fifteen days from the date of receipt of such complaints.

(3) The head of the establishment shall take action on the enquiry report submitted by the complaints officer within fifteen days from the date of submission of the report.

(4) The head of the establishment shall take action forthwith in all cases where action has not been taken in accordance with the above time limits.

(5) The appropriate Government shall also set up within one year a grievance redressal mechanism, operating through a helpline and outreach centres, for ensuring proper implementation of the provisions of Chapter V of the Act with special reference to sub- sections (1) and (2) of Section 12.

(6)

S.14 National Council.--

(1) The National Council shall perform the functions as per Section 17 of the Act.

(2) National Institute of Social Defence shall give secretarial assistance to the National Council in conduct of its meetings and facilitate in the discharge of the functions of the National Council.

S.FORM 1

FORM 1

[See Rules 2(d), 3(1) and 6(1)]

Application form for issue of transgender certificate of identity under Rule Transgender Persons (Protection of Rights) Rules, 2020 read with Section 6*/7* of the Transgender Persons (Protection of Rights) Act, 2019

*Strike out whichever is not applicable

State Emblem State Government of (name of the State) Office of the District Magistrate

Application form for issue of a transgender certificate of identity under Rule Transgender Persons (Protection of Rights) Rules, 2020 (read with Section 6*/7* of the Transgender Persons (Protection of Ri S.FORM 2 FORM 2 [See Rules 2(b) and 4(1)] Format of affidavit to be submitted by a person applying for certificate of identity for transgender persons under Rule 4 of the Transgender Persons (Protection of Rights) Rules, 2020 read with Section 6 of the Transgender Persons (Protection of Rights) Act, 2019 (Affidavit should be on Non-judicial stamp paper of Rs. 10/-) Competent Notary Civil, District (Name of the District), (Name of the State) I, (Name), son/daughter/ward/spouse of (name of the parent/guardian/husband), aged (in completed years), residing at (address), (Tehsil), (District), (State) (Pin code) do hereby solemnly affirm and declare as under: 1. I am currently residing in the above address. 2. I S.FORM 3 FORM 3 [See Rules 2(e) and 5(1)] Form of certificate of identity to be issued by District Magistrate under Rule 5 Transgender Persons (Protection of Rights) Rules, 2020 read with Section 6 of the Transgender Persons (Protection of Rights) Act, 2019   Photograph of the certificate holder District Magistrate to attest the photograph 1. On the basis of the application dated dd/mm/yyyy to the undersigned it is certified that Shri/Smt./Km/Ms (name) son/d S.FORM 4 FORM 4 [See Rules 2(e) and 7(1)] Form of certificate of identity for change of gender to be issued by District Magistrate under Rule 6 of the Transgender Persons (Protection of Rights) Rules, 2020 read with Section 7 of the Transgender Persons (Protection of Rights) Act, 2019   Photograph of the certificate holder District Magistrate to attest the photograph 1. On the basis of the application submitted to the undersigned along with a medical certificate from the Medical Superintendent or S.FORM 5 FORM 5 [See Rules 2(g) and 5(4)] Form of Identity Card Front side of identity card State Emblem State Government of (name of the State) Office of the District Magistrate Transgender Identity Card Identity card number   Photograph of the Card holder Name Mother's name @ Father's or Guardian's name @ Gender Date of S.FORM 6 FORM 6 [See Rules 2(g) and 7(4)] Form of Identity Card Front side of identity card State Emblem State Government of (name of the State) Office of the District Magistrate Identity Card Identity card number Photograph of the Card holder Name Mother's name @ Father's/Guardian's name @ Gender Date of birth < S.ANNEXURE-I ANNEXURE I Illustrative list of official documents referred to in ................... Sl. No Name of the official document (1) Birth certificate (2) Caste/Tribe certificate (3) Any education certificate issued by a school, board, college, university or any such academic institution (4) Election Photo Identity Card (5) Aadhaar Card (6) Permanent Account Number (PAN) (7) Driving Licence S.ANNEXURE-2 ANNEXURE II Suggested list of welfare schemes to be considered: 1. Access to health a) At least 1 government hospital in every State shall be equipped to offer safe and free gender affirming surgery, counseling and hormone replacement therapy to the transgender community, including all Male to Female (MTF) and Female to Male (FTM) procedures. b) State medical insurance shall cover procedures of SRS, hormonal therapy, laser therapy, counselling and other health issues of transgender persons at private hospitals c) medical insurance/arogyashri cards, d) All healthcare facilities should ensure that that there are separate wards for transgender persons 2. Access