Introduction
The Transgender Persons (Protection of Rights) Act, 2019 marks a significant step forward in India’s commitment. They protect the rights of transgender individuals. This legislation aims to prevent discrimination, ensure equal opportunity. Promote inclusion in all spheres of life, including education, employment, and healthcare. By defining key terms and outlining the roles of government bodies, the Act provides a strong legal framework for safeguarding the dignity and identity of transgender persons.
The Act is officially known as the Transgender Persons (Protection of Rights) Act, 2019. It extends to the entire territory of India. However, it comes into effect only on a date that the Central Government appoints by issuing a notification in the Official Gazette.
Definitions Of This Act Under Section 2
The Act clearly defines the term “appropriate Government” to identify responsibility. In cases involving the Central Government or any establishment that is wholly or substantially funded by it, the Central Government is responsible. In other cases involving the State Government, local authorities, or establishments funded by them, the responsibility falls on the respective State Government.
The term “establishment” covers a wide range of entities. It includes any authority or body created under a Central or State law, as well as any organization owned, controlled, or funded by the government. This also extends to private bodies such as companies, associations, cooperative societies, institutions, or trusts.
Under the Act, “family” is defined to include relationships formed by blood, marriage, or legal adoption. This inclusive definition recognizes diverse family structures and supports the social acceptance of transgender individuals within families.
The concept of “inclusive education” plays a vital role in the Act. It refers to a learning environment where transgender students are educated alongside other students without fear, discrimination, or harassment. The education system must adapt to meet the learning needs of transgender students and foster a sense of equality and acceptance.
More Terms
An “institution” under the Act refers to any public or private organization that provides care, protection, education, training, or services to transgender persons. This includes residential homes, care centers, and educational or vocational training institutions.
The term “local authority” refers to municipal corporations, municipalities, Panchayats, or any other legally constituted body that provides civic or basic services within a designated area. These authorities play a crucial role in delivering welfare services to transgender persons.
The “National Council” mentioned in the Act is the National Council for Transgender Persons established under Section 16. This body advises the government on policy matters and ensures the effective implementation of welfare schemes and protections for the transgender community.
The word “notification” in the Act means an official announcement published in the Official Gazette by the appropriate government. These notifications are critical for implementing various provisions of the law.
A “person with intersex variations” is defined as someone who, at birth, has differences in their primary sexual characteristics, external genitalia, chromosomes, or hormones that do not match conventional definitions of male or female. The Act includes such individuals under its protective scope.
The term “prescribed” is used to indicate rules or procedures set by the appropriate Government under this Act. These rules help in the practical implementation of its provisions.
Most importantly, the Act defines a “transgender person” as someone whose gender does not match the one assigned at birth. This includes trans-men and trans-women, regardless of whether they have undergone medical procedures such as hormone therapy or surgery. It also includes persons with intersex variations, genderqueer individuals, and those who identify with traditional socio-cultural identities like hijra, kinner, jogta, or aravani.
Landmark Cases Related to Section 2 of the Transgender Persons Act, 2019
- NALSA v. Union of India, (2014).
The Supreme Court in this case formally recognized the third gender status in India. The judgment emphasized that a transgender person is someone whose gender identity does not align with the sex assigned at birth. A definition now codified in Section 2(k) of the 2019 Act. The Court ruled that self-identification of gender is a fundamental right. Physical or medical procedures like surgery or hormone therapy are not mandatory. This matches the inclusive language in Section 2(k). This states that a transgender person includes trans-men, trans-women, persons with intersex variations, genderqueer people, and socio-cultural identities like hijras and jogtas. - Justice K.S. Puttaswamy v. Union of India, (2017). Though not a transgender-specific case, this Supreme Court ruling on the Right to Privacy confirmed that gender identity is part of personal autonomy and dignity. This reinforces Section 2(k)’s acknowledgment that gender cannot be restricted to biological markers.
The ruling indirectly supports Section 2(i) which defines intersex variations, highlighting that identity is not determined solely by anatomy, chromosomes, or hormones.
More Cases
- Arunkumar and Sreeja v. The Inspector General of Registration. In this case, the Madras High Court upheld the right of a transgender man. He wanted to marry a cisgender woman under the Hindu Marriage Act. The Court recognized the identity of the petitioner as a male, despite being assigned female at birth, and affirmed his autonomy. This case supports the inclusive understanding of gender identity. The judgment aligns with Section 2(k)’s inclusive definition of transgender persons and recognizes intersex traits in a broader sense, as protected under Section 2(i).
- Ganga Kumari v. State of Rajasthan, 2017. In this case, the Rajasthan High Court ruled in favor of Ganga Kumari, who was denied appointment in the police force despite qualifying for the position. The rejection was based on her gender identity. This case reinforces that establishments (as defined in Section 2(b)), including government bodies, cannot discriminate against transgender individuals. It also affirms the legal standing of self-identified gender under Section 2(k).
Conclusion
The Transgender Persons (Protection of Rights) Act, 2019 lays a strong foundation for promoting equality. By offering clear definitions and establishing the roles of institutions and governments. It creates a robust legal framework to protect against discrimination. This Act not only affirms the identity of transgender individuals. But also ensures their full participation in society with equal rights and opportunities. It is a crucial step toward building an inclusive and just India for all, regardless of gender identity.
