After facing opposition from the transgender community, the Centre has done away with the requirement of a medical examination for trans persons applying for a certificate of identity in its latest draft rules framed under the Transgender Persons (Protection of Rights) Act, 2019.
Draft Rules
A District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, but without any medical examination. An earlier draft of the rules had mandated a report from a psychologist along with the affidavit for the application. The trans rights movement had opposed this, as it was seen as going against a trans person’s right to self-identification, which was upheld by the Supreme Court in 2014.
Trans persons would be required to fill out a form and submit an affidavit saying they perceive themselves to be a transgender person whose gender does not match with the gender assigned at birth and that they declare themselves to be transgender. In case of change of gender, the application for a new identification certificate would require a certificate from the medical superintendent or chief medical officer of the medical institution where the applicant underwent the intervention.
Rules:
- The appropriate government must:
. review existing welfare measures and schemes to include transgender persons
. ensure welfare schemes, programmes and subordinate legislation are non-discriminatory towards transgender persons
. take adequate steps to prohibit discrimination towards transgender persons
. educate transgender persons on benefits available to them.
- The appropriate government must create facilities, such as rehabilitation centres, HIV surveillance centres, separate hospital wards and separate wash rooms in establishments for transgender persons within two years from notification of rules.
- States will be responsible for timely prosecution of individuals charged under Section 18 of the Act which proscribes offences against the transgender community and penalties therein. These include bonded or forced labour, denying a transgender person the right of passage to a public place or obstructing access, forcing a transgender person to leave a household, village or place of residence, harming or endangering life, safety or well-being, and physical, sexual, verbal, emotional or economic abuse.
- The Ministry has proposed a series of welfare schemes:
. making at least one hospital in each State equipped to provide safe and free gender affirming surgery, counselling and hormone replacement therapy
. providing medical insurance cards
. giving scholarships to trans persons
. facilitating accommodation and schooling for trans, gender non-conforming and intersex children at government-run schools and colleges
. universal access to food security.
