Centre notifies Transgender Protection rules; further simplifies processes

Over two months after the ministry of social justice and empowerment put the rules in public domain on July 13, the Centre notified them late on Tuesday night with changes that have made the process of getting a government identity card even simpler.

A transgender person would need to apply to a district magistrate for an identity card filling a form which would give details including name given at birth, name chosen and the gender. In the rules put in public domain on July 13, the government had prescribed that a transgender person would need to be a resident of a place for a year before applying to the area district magistrate. This condition has been done away with the final notified rules.

The district magistrate would have to accept or reject the application for identification of a person as transgender within a month. This is a time limit which has been introduced in the final rules. The magistrate can also review his decision within two months. A person would have the right to appeal against the district magistrate’s decision to reject within 90 days. The government had earlier prescribed a time limit of 60 days, which has been relaxed further to 90 days in the final rules.

Every private establishment would have an Equal Opportunity Policy, the rules prescribe. no discrimination against transgenders in employment, promotion and provision of basic amenities at work place. This policy would be displayed on the website of the establishment and widely circulated to educate employees.

A major inclusion in the final notified rules has been the clause of confidentiality in this policy. The rules lay down that the policy would clearly spell out “confidentiality of gender identity of employees”. The legislation was conceived to end discrimination against transgenders and provide equal opportunities in employment and education.