Social Welfare Schemes under The Transgender Persons (Protection of Rights) Act, 2019

Описание: The Transgender Persons (Protection of Rights) Act 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters.

A transgender person is one whose gender does not match the gender of a person assigned at birth. Trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra is included in this Bill. Terminology Intersex variations are defined to refer that person who at birth shows the variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of the male or female body.

No person or establishment shall discriminate against a transgender person, including denial of service or unfair treatment in relation to:

Education
Employment or occupation
Healthcare
Access to, or enjoyment of goods and services, facilities, or opportunity which is made available to the general public
Right to movement
Right to reside, rent, or otherwise occupy the property,
Opportunity to stand for or hold public or private office
Access to a government or private establishment in whose care or custody a transgender person is.

The Act also mentions that such change in gender (with or without surgery) should not affect the rights and entitlements of the transgender

The government takes measures to:

ensure the full inclusion and participation of transgender persons in society

protect the rights and interests of transgender persons,

facilitate their access to welfare schemes framed,

steps to rescue, protect, and provide rehabilitation centers for transgender persons,

encourage and promote methods for vocational training and self-employment,

create schemes that promote their participation in cultural activities.

Further regarding the Education and Health domain the TPA 2019 dictates

Education: Educational institutions recognized by the appropriate government shall provide inclusive education, sports and recreational facilities for transgender persons, without discriminating them (transgender persons) on the basis of their gender.

Health care: The Government should ensure to provide adequate steps to provide health facilities to transgender persons including separate HIV surveillance centers, and sex reassignment surgeries. The government, on a regular basis, should review the medical curriculum to address the health issues of transgender persons, and provide comprehensive medical insurance schemes for them


The Transgender Persons (Protection of Rights) Act, 2019 is silent regarding the standard of care and process of certification for hormonal therapy and sex reassignment surgery. This standard care can be drafted under the rules and provisions have been made under the sec 15(d) of the Transgender Persons (Protection of Rights) Act, 2019


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