Question

Consider the following statements regarding the Transgender Persons (Protection of Rights) Act, 2019.
(i) A transgender person has the right to self-perceived gender identity.
(ii) It prohibits discrimination against a transgender person on grounds including denial or unfair treatment in educational establishments, employment and health services.
(iii) A transgender person has the right to reside in the household where parent or immediate family members reside.
Which of the above statements is/are correct?

• A. (i), (ii)
• B. (ii), (iii)
• C. (i), (iii)
• D. (i), (ii), (iii)

Answer 1

The correct option is D (i), (ii), (iii)

Every transgender person shall have— (a) a right to reside in the household where parent or immediate family members reside; (b) a right not to be excluded from such household or any part thereof; and (c) a right to enjoy and use the facilities of such household in a non-discriminatory manner.
A person recognised as transgender shall have a right to self-perceived gender identity.
The District Magistrate shall issue to the applicant, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender.
No person or establishment shall discriminate against a transgender person on any of the following grounds, namely: —
(a) the denial, or discontinuation of, or unfair treatment in, educational establishments and services thereof;
(b) the unfair treatment in, or in relation to, employment or occupation;
(c) the denial of, or termination from, employment or occupation;
(d) the denial or discontinuation of, or unfair treatment in, healthcare services;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public;
(f) the denial or discontinuation of, or unfair treatment with regard to the right of movement;
(g) the denial or discontinuation of, or unfair treatment with regard to the right to reside, purchase, rent, or otherwise occupy any property;
(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private office; and
(i) the denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody a transgender person may be.