Rights of Transgender Persons | Protection of Rights

The Transgender Persons (Protection of Rights) Act, 2019, which came into effect from 5th December, 2019, states under Chapter V the ‘Obligation of Establishments and Other Persons’.

Here are the Compliance Requirements under this Law:

No Discrimination

Section 9 states that ‘No establishment shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues.’ For this Organizations will need to conduct regular training and awareness programs on various things including recruitment, transition etc.

Designate a person as
‘Complaint Officer’

Section 11 states that ‘Every establishment shall designate a person to be a complaint officer to deal with the complaints relating to violation of the provisions of this Act.’ In addition to the above, the Transgender Persons (Protection of Rights) Rules, 2020 (“Rules”) have been passed and made effective from 25th September 2020. Rule 13 states that ‘the appropriate Government shall ensure that every establishment designates a complaint officer within 30 days from the date of coming into force notification of these rules.’

Have a 'Policy'

Rule 12 states that ‘Every establishment shall publish an equal opportunity policy for transgender persons.’ It also states that the establishment shall display the equal opportunity policy, at conspicuous places in their premises. There are provisions with respect to educational institutions as well.