Section 1 Short title, extent and commencement.
(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 date1as the Central Government may, by notification in the OfficialGazette, appoint.
Section 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 substantiallyfinanced by that Government, the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financedby that Government, or any local authority, the State Government;
(b) "establishment" means--
(i) any body or authority established by or under a Central Act or a State Act or an authorityor a body owned or controlled or aided by the Government or a local authority, or a Governmentcompany as defined in section 2 of the Companies Act, 2013 (18 of 2013), and includes aDepartment of the Government; or
(ii) any company or body corporate or association or body of individuals, firm, cooperative orother society, association, trust, agency, institution;
(c) "family" means a group of people related by blood or marriage or by adoption made inaccordance with law;
(d) "inclusive education" means a system of education wherein transgender students learntogether with other students without fear of discrimination, neglect, harassment or intimidation andthe system of teaching and learning is suitably adapted to meet the learning needs of such students;
(e) "institution" means an institution, whether public or private, for the reception, care, protection,education, training or any other service of transgender persons;
(f) "local authority" means the municipal corporation or Municipality or Panchayat or any otherlocal body constituted under any law for the time being in force for providing municipal services orbasic services, as the case may be, in respect of areas under its jurisdiction;
(g) "National Council" means the National Council for Transgender Persons established undersection 16;
(h) "notification" means a notification published in the Official Gazette;
(i) "person with intersex variations" means a person who at birth shows variation in his or herprimary sexual characteristics, external genitalia, chromosomes or hormones from normative standardof male or female body;
(j) "prescribed" means prescribed by rules made by the appropriate Government under this Act;and
(k) "transgender person" means a person whose gender does not match with the gender assignedto that person at birth and includes trans-man or trans-woman (whether or not such person hasundergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy),person with intersex variations, genderqueer and person having such socio-cultural identities askinner, hijra, aravani and jogta.
Section 3 Prohibition against discrimination.
No person or establishment shall discriminate against atransgender person on any of the following grounds, namely:
(a) the denial, or discontinuation of, or unfair treatment in, educational establishments andservices thereof;
(b) the unfair treatment in, or in relation to, employment or occupation;
(c) the denial of, or termination from, employment or occupation;
(d) the denial or discontinuation of, or unfair treatment in, healthcare services;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision orenjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunitydedicated to the use of the general public or customarily available to the public;
(f) the denial or discontinuation of, or unfair treatment with regard to the right of movement;
(g) the denial or discontinuation of, or unfair treatment with regard to the right to reside,purchase, rent, or otherwise occupy any property;
(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or holdpublic or private office; and
(i) the denial of access to, removal from, or unfair treatment in, Government or privateestablishment in whose care or custody a transgender person may be.
Section 4 Recognition of identity of transgender person.
(1) A transgender person shall have a right tobe 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-perceivedgender identity.
Section 5 Application for certificate of identity.
A transgender person may make an application to theDistrict 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 ofsuch child.
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