Draft rules in public, law for transgender rights closer to implementation | India News

NEW DELHI: Over six months after it came into effect on January 10, the law aimed at securing rights and mainstreaming of transgender persons is getting closer to implementation. With the final draft rules to implement the law in the public domain for feedback till August 13, the proposed roadmap, on what the future holds, makes it clear that an affidavit declaring gender identity from the applicant as a self – identification will form the basis for an identity certificate from the district magistrate. The rules reaffirm there will be no medical examination for establishing the identity.
Going by the draft rules, the law seeks to pave the way for an inclusive educational curriculum, public spaces, hospitals and non-discriminatory workplaces by making it mandatory for establishments to publish and prominently displace an equal opportunity policy for transgender persons.
The draft of the Transgender Persons (Protection of Rights) Rules, 2020 will be notified after taking into consideration the objections and suggestions after the 30 – day period ends on August 13.
Implementation of the law will only commence after that.
With identity certification being a critical concern all through the making of the law, the draft rules set-out that those transgender persons who have already recorded the change in gender identity as male, female or transgender prior to the enactment of the law will not need to apply for a certificate of identity under these rules.
It is stated that the “district magistrate shall, subject to its correctness get the application processed based on the affidavit submitted declaring the gender identity of any person, but without any medical examination.” The applicant will get an identity card within 30 days of the district authorities receiving the application and this ID will form the basis of change of gender identity in all other official documents.
If the transgender person undergoes medical intervention to change sex either as a male or female, such person and requires a revised identity certificate then they would need to apply to the district magistrate along with a certificate issued by the medical superintendent or chief medical officer of the concerned hospital.
If notified in the current form, the rules require all state governments to review existing educational, social security, health schemes, welfare measures, vocational training and self-employment schemes to include transgender persons. The process of inclusion also requires the creation of infrastructure facilities like separate wards in hospitals and washrooms in the establishments within two years from the date of coming into force of these rules. “All educational institutions shall have a committee which transgender persons can approach in case of any harassment or discrimination,” it is proposed.
Besides this, every state government will have to set up a “transgender protection cell under the charge of the district magistrate and director general of police to monitor cases of offences against transgender persons

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