Preliminary PREAMBLE

TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

[Act No. 40 of 2019]

[05th December, 2019]

An Act to provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto.

(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 1date as the Central Government may, by notification in the Official Gazette, appoint.

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S.2 Definitions

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 Governm

S.3 Prohibition against discrimination

No person or establishment shall discriminate against a transgender person on any of the following grounds, namely:--

(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;

(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.

S.5 Application for certificate of identity

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.

S.6 Issue of certificate of identity

(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

S.7 Change in gender

(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.

(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.

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.

S.10 Obligations of establishments

Every establishment shall ensure compliance with the provisions of this Act and provide such facilities to transgender persons as may be prescribed.

S.11 Grievance redressal mechanism

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.

S.12 Right of residence

(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;

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.

S.14 Vocational training and self-employment

The appropriate Government shall formulate welfare schemes and programmes to facilitate and support livelihood for transgender persons including their vocational training and self-employment.

S.15 Healthcare facilities

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 m

S.16 National Council for Transgender Persons

(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 offic

S.17 Functions of Council

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 p

S.18 Offences and penalties

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

S.19 Grants by Central Government

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.

S.20 Act not in derogation of any other law

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

S.21 Protection of action taken in good faith

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 there under.

S.22 Power of appropriate Government to make rules

(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 power, such rules may provide for all or any of the following matters, namely:--

(a) the form and manner in which a

S.23 Power to remove difficulties

(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.