Transgenders Would Now Have Right To Self-Perceived Identity, Centre Notifies Rules To TG Act

Transgenders would now have the right to self-perceived identity, and would also get an identity certificate from the district magistrate within 30 days of application.

The Centre has notified the rules to operationalise the legislation seven months after Parliament passed the Transgender Persons (Protection of Rights) Act. Every establishment - private or government - would have to formulate an Equal Opportunity Policy under the rules to ensure that transgenders are not discriminated when it comes to employment, promotion, and provision of basic amenities like unisex toilets at the workplace.

The website of the establishment would display the policy and will be widely circulated to educate employees.

As per the rules, the Centre and state governments would bring changes in educational curriculum in an attempt to foster respect for gender diversity. It would also sensitise healthcare professionals and bring changes in the medical education curriculum, The Economic Times reported.

Every educational institution would have a committee that can be approached by a transgender person in case of any harassment or discrimination. This committee would ensure that transgender students or teachers are in an environment that makes them feel safe to voice their grievances without the "presence of the persons bullying them, including teachers".

Two months of proper scrutiny has led to the rules being laid down - they were notified on Monday, July 13, after an intensive exercise. One of the biggest changes brought in from the draft stage to the final notified rules is the way a transgender person would get a certificate of identity. This is perceived as a step towards their empowerment.

While the ministry of social justice and empowerment had earlier mandated that a psychologist's report be attached with the application to the district magistrate, several representations questioning the rationale behind the move have led to the requirement being done away with.

The certificate of identity would be issued within a month of the application by a person, and they would also get an identity card when the certificate is given.

However, if a person's claim for a certificate is rejected, there would be no penalty.

The rules further prescribe setting up of Transgender Protection Cell in every district under the district magistrate, where the officer-in-charge is supposed to take action within two days of receiving a complaint.

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