Pursuant to the recommendations of the Standing Committee on Social Justice and Empowerment, certain amendments have been proposed to the Transgender Persons (Protection of Rights) Bill, 2016 (“Bill”) in the Lok Sabha on December 13, 2018.
Key Highlights:
- The definition of “transgender person” has been revised as:
“a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), persons with intersex variations, gender-queer and person having such socio-cultural identities as kinnar, hijra, aravani and jogta.”
- New definition of a “person with intersex variations” has been added:
“A person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body”.
- A new definition of “family” has been added and definition of Inclusive education definition is made more specific. The definition of “Institution” no longer includes an “institution for the rehabilitation of transgender person”
- The provisions of prohibition of discrimination against transgenders have been extended to establishments as well. Earlier, such restrictions were applicable to persons only.
- An application for change in gender can be made after a certificate is issued under the act, only when such application is accompanied by a certificate from the Medical Superintendent or Chief Medical Officer of the institution in which the person had undergone surgery. The earlier provisions allowed applications for change in gender without any proof required to be submitted. Also, not only persons who are issued revised certificate, but even those who have been issued an identity certificate are entitled to change name on birth certificate and other documents.
- Setting up of a grievance redressal mechanism and designating a complaint officer to deal with complaints relating to violations of the provisions of the act is now mandatory for all establishments, irrespective of the number of persons. The earlier provisions required a grievance redressal mechanism only for establishments with 100 or more persons.
- The amendments have empowered the National council to redress the grievances of transgender persons in addition to the functions already assigned.
Source: Lok Sabha
