Draft Transgender Persons (Protection of Rights) Rules, 2020, Published

Central Ministry of Social Justice and Empowerment has published a draft of the Transgender Persons (Protection of Rights) Rules, 2020, in the official Gazette calling for suggestions and objections from the public. The Parliament passed Transgender Persons (Protection of Rights) Bill in November, last year, which aims at protecting the rights of transgender persons by granting them recognition and making welfare provisions for them. The draft Rules deal with the application for issue of certificate of identity card, the procedure and issue of the Identity card, for change of gender, etc. The proposed Rules defines ‘discrimination’ to means any distinction, exclusion or restriction on the basis of gender identity and expression which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination, including denial of reasonable accommodation. The draft Rules also envisage creation of a Grievance Redressal Forums and provides that the Government should ensure that every establishment designates a complaint officer in accordance with section 11 of the Act. It also provides for creation of a National Council for monitoring, review and evaluation of transgender welfare and protection of rights at the State and local level.