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Recommendations to the Transgender Persons (Protection of Rights) Rules – 13 July 2020 version by the Centre for Health Law, Ethics and Technology (CHLET), Jindal Global Law School
These are the recommendations for the Transgender Persons (Protection of Rights) Rules, 2020 framed by the Ministry
of Social Justice and Empowerment.
The following colour scheme has been used for easier understanding:
● Original provision – Black
● Our Modification/ to the Provisions – Red
• Rules 2(m), 10(7), 10(9), 10(10), 13(6), 13(7), 14 and items 19 and 20 in Annexure I have been coloured Green
to indicate that these are additions we are recommending.
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Table of Contents
Sr. No. Rule/Forms/Annexures Page No.
1. Rule 1: Short title and commencement 3
2. Rule 2: Definitions 4
3. Rule 3: Application for issue of certificate of identity under Section 6 or Section 7 6
4. Rule 4: Procedure for issue of certificate of identity under Section 6 7
5. Rule 5: Issue of certificate of identity for a transgender person under Section 6 8
6. Rule 6: Procedure for issue of a certificate of identity for change of gender under Section 7 10
7. Rule 7: Issue of certificate of identity under Section 7 15
8. Rule 8: Communication of Rejection of Application 16
9. Rule 9: Right to appeal 17
10. Rule 10: Welfare measures 18
11. Rule 11: Provisions for non-discrimination 23
12. Rule 12: Equal opportunities in employment 25
13. Rule 13: Grievance redressal 27
14. Rule 14: National Council 28
15. Forms 29
16. Annexures 34
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Sr. No.
Section and Clause No. of the Rules
Original Provision of the Rules
Suggestions (Addition/ Deletion/ Modification/ others)
Proposed wording of the Rule Rationale
1. 1 Short title and
commencement. - (1) These rules may be called the Transgender Persons
(Protection of Rights) Rules, 2020.
(2) They shall come into force on the date of its final
publication in the Official Gazette.
सजं क्षप्त िीी र्कु और प्रारंभ –
(1) इन जनयमों र्ो उभयललग व्यिज (अजधर्ारों र्ा संरक्षण)
जनयम, 2020 रे्
नाम से जाना जाएगा।
Modification सजं क्षप्त िीी र्कु और प्रारंभ –
(1) इन जनयमों र्ो ट्ांसजेंडर व्यिज
(अजधर्ारों र्ा सरंक्षण) जनयम, 2020
रे्
नाम से जाना जाएगा।
(2) ये जनयम सरर्ारी राजपत्र में अपन े
अंजतम प्रर्ािीन र्ी तारीख से प्रवतृ्त
होंगे।
The Hindi version uses the word
“उभयललग ” for ‘transgender’
which actually translates to “intersex”. This is incorrect and we recommend that the word
‘transgender’ be used as is.
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(2) ये जनयम सरर्ारी राजपत्र
में अपने अजंतम प्रर्ािीन र्ी तारीख से प्रवतृ्त होंगे।
2. 2(b) ‘affidavit’ means self-attested affidavit in Form –
2 to be submitted by an applicant seeking certificate
of identity in their self-identified gender;
Modification ‘affidavit’ means self-attested affidavit in Form – 1, 2, 3 and 5 to
be submitted by an applicant seeking a certificate of identity in
their self-identified gender;
Even though the definition of affidavit in Rule 2(b) says ‘self-
identified gender’, Form-2 does not allow the applicant to self-
identify. While Form 1, 3 and 5 allows
for self-identification, Form 2 requires the applicant to declare
themselves as ‘transgender’. Therefore, we recommend that
Form 2, along with 1, 3 and 5 allow for self-identification.
3. 2(f) (f): ‘discrimination’ means any distinction, exclusion or restriction on the basis of
gender identity and expression which has the
purpose or effect of impairing or nullifying the recognition, enjoyment or
exercise, on an equal basis with others, of all human
rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field and
Modification ‘discrimination’ on the basis of gender identity means any distinction, exclusion or restriction
on the basis of gender identity, expression and sex characteristics
which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise,
on an equal basis with others, of all human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of
discrimination, including denial of
We recommend that the complete definition from the Yogyakarta Principles be used
here because it is imperative that the definition be more
intersectional and include discrimination on the basis of caste, class, race, age, religion,
disability, health and economic status.
We further recommend the
inclusion of workplace
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includes all forms of discrimination, including
denial of reasonable accommodation;
reasonable accommodation. This also includes workplace
harassment, cyber bullying and police brutality amongst others.
Discrimination based on gender identity may be, and commonly is, compounded by discrimination on
other grounds including gender, class, caste, race, age, religion,
disability, health and economic status.
harassment, cyber bullying and police harassment as forms of
discrimination .
We also recommend that the term ‘sex characteristics’ be added in order to be inclusive of
intersex persons.
4. 2 (m) ‘family’ Addition “family” means 1) a group of people related by blood, or marriage or by
adoption, 2) non-kinship family structures such as traditional
Hijra/Kinnar gharanas and/or joint
living systems, 3) all forms of partnerships, consensual
companionships and families of choice
It is important to recognise not only biological families but also
other forms of non-biological family structures. Many
transgender persons do not live with their biological families, including hijra households
which have alternative familial structures.
Further, a large number of transgender and gender non-
conforming persons live in non-biological familial relationships
even outside of hijra/kinnar living spaces. Therefore, the addition of ‘consensual
companionship’ is important.
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5. Rule 3(2) The application shall be submitted to the District
Magistrate in person or by post till online facilities are
developed by the State Government concerned and thereafter the application
shall be made online only.
Modification The application shall be submitted to the District Magistrate in person,
or by post, or online.
We recommend that an applicant be able to apply in
person and by post even after online facilities have
developed. This provision mandating only
online applications is discriminatory given the
differential access to technology by various marginalized people in different regions of the
country. There may be instances where people are not
comfortable using online applications, or may not be able
to navigate online applications, due to lack of access to internet services or electronic devices, or
restriction of movement for any reason. The application process
by post or in person is the most accessible and user-friendly form of communication in
India.
6. 4(2) For the purpose of determination of the place of residence, the applicant
shall be a resident of the area under the jurisdiction
of District Magistrate for a
Modification For the purpose of determination of the place of residence, the applicant must provide proof of current
address as on the date of the application, and an affidavit to this
effect shall be submitted in Form – 2
Many transgender persons, especially Hijras, are largely migrant in nature. They often do
not reside in the same area for an extended period of time.
They are also subject to
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continuous period of past twelve months as on the
date of application and an affidavit to this effect shall
be submitted in Form – 2 and no additional evidence shall be called for.
and no additional evidence shall be called for.
extensive discrimination in housing and, thus, are forced to
relocate several times a year. Due to their vulnerable position,
the requirement to prove one-year residency may become extremely challenging for
transgender persons.
In order to determine the jurisdiction for issuance of identity certificate, it should be
sufficient to give proof of current address
This is an odd requirement
given that the application process for a passport, which is one of the most important
citizenship documents a person can have, requires only proof of
current address. It does not have a 12-month residency requirement. This should also
apply to the process for obtaining an identity certificate
under the Transgender Persons (Protection of Rights) Act.
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7. 5(1) The District Magistrate shall issue to the applicant,
a certificate of identity in Form – 3 following the
procedure provided in Rules 4 indicating the gender of such person.
Modification The District Magistrate shall issue to the applicant, a certificate of
identity in Form – 3 following the procedure provided in Rules 4
indicating the self-identified gender of such person.
We recommend a slight change in language to uphold the
principle of self-identification.
8. 5(2) The said certificate of
identity shall be issued within thirty days of receipt of duly filled in application
along with the affidavit.
Modification The said certificate of identity shall
be issued within fifteen days of receipt of duly filled in application along with the affidavit.
We recommend that the time
period for issuance of the certificate of identity be reduced to 15 days. Since these 30 days
refer to 30 working days and do not include weekends, the time
period should be reduced to 15 (working) days which will
ensure a speedy process.
9. 5(3) The certificate of identity
issued under sub-rule(1) shall be the basis to change
the gender as well as the name and the photograph, if so necessitated, of the
transgender person in all such official documents as
provided in Annexure – 1, in accordance with the gender specified in the said
certificate of identity
Modification The certificate of identity issued
under this sub-rule shall be the basis for a transgender person to choose to
apply to record or change the gender as well as name, if so necessitated, in all such official documents
illustrated in annexure – 1 to these rules, in accordance with the gender
specified in the said certificate of identity.
The provision should ensure
that there is no mandate to change one’s name or gender,
but rather, transgender persons shall have the option to choose to apply.
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10. 5(4) The District Magistrate shall, at the time of issuance
of the certificate of identity under sub-rule(1), issue a
transgender identity card in Form – 5 to the applicant.
Modification The District Magistrate shall, at the time of issuance of the certificate of
identity under sub-rule(1), issue an identity card with self-identified
gender in Form – 5 to the applicant.
It is imperative that a self-identified gender identity card is
issued rather than a ‘transgender’ ID card. This
provision ought to correspond with the principle of self-determination of gender
identity.
11. 5(5) Issue of the said certificate of identity and the transgender identity card
shall be included by the appropriate Governments
in their records for the purposes of public service.
Modification Issue of the said certificate of identity and the said identity card shall be included in the Right to
Public Services Act by appropriate Governments.
Provided that the details of the
concerned persons receiving public services should not be available on public portals without their express
written informed consent.
The previous Rule in the 18th April version of the referred to the Public Service Act and it
should revert back to this because this entitles transgender
persons to PSA benefits.
The current rule raises several privacy concerns. It is imperative that there is no
violation of transgender persons’ right to privacy as
personal data comes within the scope of right to privacy.
In light of the Supreme Court
decisions in NALSA v Union of
India and Puttaswamy v. Union of
India, privacy is a fundamental
right and the personal data of transgender persons should not
be disclosed to anyone.
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12. 5(7) An official document
wherein gender, name and the photograph of
transgender are revised based on the said certificate of identity, shall bear the
same serial or reference number as in the original
official document of such transgender person who seeks change in the name or
gender or both in the official documents.
Modification An official document wherein
gender, name and the photograph of transgender person are revised
based on the said certificate of identity, shall bear the same serial or reference number as in the original
official document of such transgender person who seeks
change in the name or gender or both in the official documents.
We recommend a change in the
language so it reads as ‘transgender person’ instead of
just ‘transgender’.
13. 6(1) If a transgender person
undergoes medical intervention to change sex either as a male or female,
such a person may apply in the Form – 1, along with a
certificate issued to that effect by the Medical Superintendent or Chief
Medical Officer of the medical institution in which
that person has undergone the said medical intervention, to the District
Magistrate for the issue of a revised certificate of identity
under Section 7
Modification A transgender person desirous of
changing their gender either as a male or female, may apply in Form – 1 of these rules, along with a
supplementary form, duly attested by a gazetted officer, to the District
Magistrate for issue of a revised certificate of identity under section 7.
We recommend that the term
‘change sex’ be removed and replaced by ‘change gender’ in order to keep the terminology
consistent with other provisions in the Rules.
We strongly oppose the requirement of a certificate
issued by a Medical Superintendent or a Chief
Medical Officer and urge that this provision be revisited.
The Yogyakarta Principles + 10, as adopted in 2017, make clear
under Principle 32 that
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“Everyone has the right to bodily and mental integrity,
autonomy and self-determination irrespective of
sexual orientation, gender identity, gender expression or sex characteristics.” States are
bound to guarantee and protect the rights of all individuals,
including children, to bodily and mental integrity, autonomy and self-determination.
The importance of bodily
integrity and autonomy has also been recognized by the Supreme
Court of India in the NALSA judgment of 2014, where the
Supreme Court stated that “any
insistence for SRS for declaring
one’s gender is immoral and
illegal”. It has also been
recognized in the landmark privacy judgment of 2017,
Puttaswamy v. Union of India. The nine-judge bench Puttaswamy decision held that
privacy is a fundamental right and encompasses within its ambit the rights to autonomy
and bodily integrity. In light of this, the requirement of a
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‘medical intervention’ certificate violates transgender
persons’ rights to autonomy and self-determination.
Furthermore, many transgender persons undergo medical procedures in overseas
institutions or other places, where it would be extremely
challenging to obtain a certificate from the Medical Superintendent or Chief
Medical Officer. Hence, this requirement should be done
away with.
In the event that the Ministry wants to go ahead with the provision, we propose that the
transgender persons be allowed to attach a supplementary form
(with only details such as those given below) and a gazetted officer can attest it. This form
should be presented to the District Magistrate along with
the application in form-1. Sample Form 1. Chosen Name:
2. Given Name: 3. Guardian’s Name:
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4. Gender: 5. Date of Birth:
6. Address: 7. Medical History
a. Do you have gender dysphoria? b. Have you had or are you
planning to undergo any medical procedures to overcome
gender dysphoria? c. Any other relevant information.
14. 6(2) The District Magistrate
shall, on receipt of an application referred to in
sub-rule (1) shall verify the correctness of the said medical certificate.
Deletion -- We strongly object to the
'verification' requirement in Rule 6(2). This is an added layer
of bureaucracy and is unnecessary.
Once the District Magistrate receives a completed application
under this Section, there should be no need for additional verification. The verification
process will merely delay the issuance of the certificate.
15. 6(3) For the purpose of determination of the place
of residence, the applicant shall be a resident of the
area under the jurisdiction
Modification For the purpose of determination of the place of residence, the applicant
must provide proof of current address as on the date of the
application, and an affidavit to this
Many transgender persons, especially Hijras, are largely
migrant in nature. They often do not reside in the same area for
an extended period of time.
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of the District Magistrate for a continuous period of past
twelve months as on the date of application and an
affidavit to this effect shall be submitted along with the application in Form-1 and
no additional evidence shall be called for.
effect shall be submitted in Form – 2 and no additional evidence shall be
called for.
They are also subject to extensive discrimination in
housing and, thus, are forced to relocate several times a year.
Due to their vulnerable position, the requirement to prove one-year residency may become
extremely challenging for transgender persons.
In order to determine the jurisdiction for issuance of
identity certificate, it should be sufficient to give proof of current
address.
This is an odd requirement given that the application process for a passport, which is
one of the most important citizenship documents a person
can have, requires only proof of current address. It does not have a 12-month residency
requirement. This should also apply to the process for
obtaining an identity certificate under the Transgender Persons (Protection of Rights) Act.
16. 7(5) Issue of the certificate of
identity and the identity
Deletion -- We recommend deletion of this
provision as it violates the right
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card shall be included by appropriate Governments
in their records for the purposes of public services.
to privacy as personal data comes within the scope of right
to privacy. In light of the Supreme Court decisions in
NALSA v Union of India and Puttaswamy v. Union of India,
privacy is a fundamental right
and the personal data of transgender persons should not
be disclosed to anyone.
17. 7(7) Any official document
wherein gender, name or photograph of transgender
is revised based on the said certificate of identity shall bear the same serial or
reference number as in the original official document
of such transgender person who seeks change in the name or gender or both in
the official documents.
Modification Any official document wherein
gender, name or photograph of transgender person is revised based
on the said certificate of identity shall bear the same serial or reference number as in the original
official document of such transgender person who seeks
change in the name or gender or both in the official documents.
We recommend a minor change
in the language to ensure that the provision reads as
‘transgender person’ and not ‘transgender’.
18. 8(1) In case of rejection of application made under Rule 3, the District
Magistrate shall inform the applicant the reason or
reasons for such rejection.
Modification In case of rejection of application made under Rule 3, the District Magistrate shall inform the
applicant the reason or reasons for such rejection within 15 days, in the
person’s preferred mode of communication including post, in-person communication and email.
A time period should be added to this Rule in order to ensure that individuals receive timely
information about the status of their application.
Further, it is imperative to specify the preferred mode of
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Provided that the acknowledgment
document of the application records the applicant’s preferred mode of
communication.
communication since one or the other method may be
inaccessible to the applicant for various reasons, including lack
of access to internet services or electronic devices, or restriction of movement for any other
reason.
19. 9 The applicant shall have a right to appeal, within sixty days from the date of
intimation of the rejection of the application, to the
appellate authority as designated by the
appropriate Government for a final order.
Modification The applicant shall have a right to appeal against the rejection of the application to the Appellate
authority as designated by the appropriate Government for a final
order.
We strongly recommend that there be no time limit whatsoever set for this appeal
process.
The right to enforce fundamental rights is
guaranteed under Articles 32 and 226 of the Constitution for every person residing in India.
It has been held by various
judgments of the Supreme Court that a person can invoke the right to appeal, at any point, if
their fundamental rights are violated. In NALSA v. Union of
India, the Supreme Court
expressly held that a transgender person has a right to
gender self-identification under Articles 21, 19(1)(a), and 14 of
the Constitution. Section 4 of
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the Transgender Persons (Protection of Rights) Act also
upholds the principle of self-identification.
If the appeal period is time bound, it would mean that
transgender persons cannot exercise their fundamental right
to self-identification under the Constitution as well as the Act.
Any limitation on appeal amounts to a violation of the
fundamental rights of transgender persons. Hence,
there should be no limit for the appeal process.
In the interest of speedy justice, we recommend that the High
Court be designated as the Appellate Authority wherein transgender persons will have a
right to appeal under Art. 226 of the Constitution.
20. 10(1) The State/UT Governments shall review
all existing educational, social security, health
schemes, welfare
Modification (1) Ministry or Department concerned under the appropriate
Government shall review and amend all existing schemes, welfare
measures, vocational training and
It is imperative that the government provides in detail
how transgender persons will be able to fully realize their welfare
rights such as access to
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measures, vocational training and self-
employment schemes to include transgender persons
to protect their rights and interests and facilitate their access to such schemes and
welfare measures framed by that Government.
self-employment to include transgender persons so as to protect
their rights and interests and to facilitate their access to such
schemes and welfare measures framed by that Government, pertaining to:
(a) Education i. An education and sensitisation
curriculum on gender identity and expression shall be designed and implemented in all educational
institutions which will also contain a clear definition of discrimination.
ii. All ongoing scholarship schemes shall be amended to
include transgender persons within their ambit. iii. All education institutions
should work towards diversity and inclusion and have access to
bathroom and hostels accordingly. iv. All transgender persons should be entitled to 2% reservation in
educational institutions.
(b) Social Security i. All insurance and other financial schemes, including
ASARA pension scheme, MGNREGA, and zero interest
bank loans shall be amended to
education, employment, healthcare, sporting events, and
public spaces without having to face any discrimination.
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include transgender persons within their ambit.
(c) Reservations
i. The rights of transgender persons to employment, education and political office will be protected
by horizontal reservation of 2% on the basis of gender within each caste
category (d) Healthcare
i. All healthcare services, including hormonal, surgical and
mental healthcare facilities, shall be provided to transgender persons at
subsidized rates and free of any harassment or discrimination. ii. Sex reassignment surgeries
should be provided free of cost iii. All healthcare facilities
should ensure that that there are separate wards for transgender persons
(e) Sporting Events
i. Transgender persons shall have the right to compete in sports in their self-declared gender identity
(f) Accessibility
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i. Public spaces shall include single stall gender-neutral
bathrooms ii. Public transportation shall
include reserved seats as well as provision of harassment-free zones for transgender persons
21. 10(4) The Central/State/UT
Government shall create institutional and infrastructure facilities,
including but not limited to, rehabilitation centre
referred to in sub-section (3) of section 12 of the Act,
separate human immunodeficiency virus sero-surveillance centres,
separate wards in hospitals and washrooms in the
establishment, within two years from the date of coming into force of these
rules to protect the rights of transgender persons.
Modification The Central/State/UT
Government shall create institutional and infrastructure facilities, including but not limited
to, shelter homes, separate human immunodeficiency virus sero-
surveillance centres, separate wards in hospitals and washrooms in the
establishment, within two years from the date of coming into force of these rules to protect the rights of
transgender persons.
We recommend that the
language of rehabilitation be removed from this Rule. The use of term 'rehabilitation' treats
transgender persons as passive victims of discrimination and
violence, and completely strips always their agency.
The state should instead provide for shelter homes where a
transgender person can opt to stay, with their free consent.
These shelter homes must be equipped with all the essential
facilities including clean drinking water, electricity,
nutritious food, access to medical care and sanitation facilities. The infrastructure of
should be designed in a way to avoid overcrowding. It should
also be designed to
21
accommodate special needs of children, the elderly and persons
with disabilities.
The shelter home should be a space which is both safe and comfortable and should enable a
person to exercise their economic and social rights with
dignity. Shelter homes should provide for requisite privacy, psychological comfort,
emotional security, comfort and physical safety.
22. 10(5) The State/UT Government shall carry out an awareness campaign to educate,
communicate and train transgender persons to avail
themselves of the benefits of welfare schemes, educate and train transgender
persons on their rights; eradicate stigma and
discrimination against transgender persons and mitigate its effects.
Modification The State/UT Government shall carry out an awareness campaign to educate, communicate and train
transgender persons to avail themselves of the benefits of welfare
schemes, educate and train transgender and cisgender persons on the rights of transgender persons;
eradicate stigma and discrimination against transgender persons and
mitigate its effects. Such awareness campaigns shall be carried out in but not limited to schools, colleges,
universities, transport authorities, RWAs, Jails, Correctional Service
Homes, Hospitals, Police Stations,
The focus of these awareness programs should not only be towards transgender persons but
also cisgender people. This will sensitize cisgender people and
train them to be more inclusive & non-discriminatory.
22
all Government Offices and all Legislative, Executive and Judicial
Bodies including bodies under the 73rd and 74th Amendment amongst
others.
23. 10(6) The Central/State/UT
Government shall also provide for sensitisation of
teachers and faculty in schools and colleges under their purview, such as
changes in the educational curriculum to foster respect
for equality and gender diversity;
b. sensitisation of healthcare professionals; c. changes in the curriculum
for medical education; and d. sensitization programmes
in workplaces
The Central/State/UT
Government shall also provide for sensitisation of teachers and faculty
in both government and private schools and colleges under their purview, such as changes in the
educational curriculum to foster respect for equality and gender
diversity; b. sensitisation of healthcare
professionals; c. changes in the curriculum for medical education;
d. sensitization programmes in workplaces;
e. sensitisation trainings for police personnel; f. sensitisation trainings for jail
wardens; g. mandatory sensitisation training
for all legal professionals, including but not limited to District Magistrates.
We recommend that
sensitization programs for different agencies such as
teachers, police officers, and District Magistrates also be included.
24. 10(7) All educational institutions
shall have a committee
Addition of Proviso Provided that the committee will
function as a grievance redressal
The functioning of the
Grievance Redressal
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which transgender persons can approach in case of any
harassment or discrimination, with powers
to ensure that transgender students do not have to be affected by the presence of
the persons bullying them, including teachers.
mechanism as stated in Rule 13 and the protocols of their functioning
must be based on recommendations from transgender persons.
Committee has been addressed in Rule 13.
25. 10(8) The State/UT Government shall create institutional and
infrastructure facilities, including but not limited to,
temporary shelters, short-stay homes and
accommodation, choice of male, female or separate wards in hospitals and
washrooms in the establishment within two
years from the date of coming into force of these rules to protect the rights of
transgender persons.
The State/UT Government shall create institutional and
infrastructure facilities, including but not limited to, temporary
shelters, short-stay homes and accommodation, choice of male,
female or separate wards in hospitals, washrooms, schools and college hostels in the establishment
within two years from the date of coming into force of these rules to
protect the rights of transgender persons.
We recommend that schools and colleges be included here to
protect transgender persons from being discriminated and
harassed in educational spaces.
26. 10(9) Addition The State and Union Territories
shall create a separate provision to protect and create an enabling environment for gender non-
conforming children in educational institutions, which includes but is
not limited to offering mental health
We recommend addition of this
provision to address the abuse, harassment and bullying of transgender and gender non-
conforming children in educational spaces. Many
transgender and gender non-
24
support services to children who are bullied, abused and harassed and
providing a choice to pick their own uniform amongst others. This
provision should be read along with the Right to Education Act 2009.
conforming children tend to drop out and discontinue their
education due to this harassment, which violates their
right to education. It is imperative to ensure that all transgender and gender non-
conforming children have access to free and dignified
education.
27. 10(10) Addition
All Transgender undertrials and convicts held in prisons and jails in
India must be handled only by women police officers and prison
authorities, and housed within women’s facilities in separate cells
or women’s cells.
This provision has been suggested to ensure safety of
Transgender persons in prisons and jails. There has been
documented violence against transgender inmates in jails.
Transwomen and Hijras have usually been kept in men’s facilities which has resulted in
physical and sexual violence against them.
28. 11 (1)The appropriate Government shall also take
adequate steps to prohibit discrimination in any
Government or private organisation or establishment including in
the areas of education, employment, healthcare,
public transportation,
(1) The appropriate Government shall also take adequate steps within
two years to prohibit discrimination in any Government or private
organisation or establishment including in the areas of education, employment, healthcare, public
transportation, participation in public life, sports, leisure and
A time period of two years should be specified for
introducing policies for the welfare of transgender persons.
25
participation in public life, sports, leisure and
recreation and opportunity to hold public or private
office. (2) The appropriate
government shall within two years from the date of
coming into force of these rules, formulate a comprehensive policy on
the measures and procedures necessary to
protect transgender persons in accordance with the
provisions of the Act. (3) The policy formulated
under sub-section (2) shall include precautionary and
preventative administrative and police measures to protect vulnerable
transgender communities.
(4) The concerned State Government shall be responsible for the
supervision of timely prosecution of individuals
charged under section 18.
recreation and opportunity to hold public or private office.
26
(5) Every State Government
shall set up a Transgender Protection Cell under the
charge of the District Magistrate and Director General of Police to
monitor cases of offences against transgender persons
and to ensure timely registration, investigation and prosecution of cases
under section 18 of the Act.
29. 13
Addition (6) The person nominated as a Complaint Officer self-identifies as a Transgender Person
(7) Any educational institution
where a committee has been constituted shall consist of a majority of transgender persons.
Further, the members of the committee have to go through
training and sensitisation on transgender rights. Moreover, the committee must have the power to
pass orders against the perpetrators.
We recommend the addition of provision 6 and 7 to Rule 13.
We recommend that the Complaint Officer designated
under this provision should be an individual who self-identifies
as a transgender person. We recommend that all such
committees should consist primarily of transgender
persons. Further, we recommend that the cisgender committee members be
sensitised to the rights of transgender persons. This is
imperative to ensure that there is
27
adequate representation of transgender persons in the
governance structure.
30. 14(1) The National Council shall be responsible for coordination with the
National Council on matters of monitoring,
review and evaluation of transgender welfare and protection of rights at the
State and local levels.
Modification The National Council shall be responsible for coordination with the State Council on matters of
monitoring, review and evaluation of transgender welfare and
protection of rights at the State and local levels. Provided that the composition of
these councils is heterogenous and includes Hijras and other socio-
religious identities, trans men, trans women, intersex, and gender non-
binary persons.
We recommend a slight change in wording since the repetition in the original rule renders the
sentence meaningless.
We further recommend that the functions of the National and State Council be laid out clearly
in the Transgender Persons (Protection of Rights) Rules.
We also recommend that these
Councils have diverse and hetreogenous representation given that transgender
communities in India are heterogenous. This will allow
for all voices and perspectives to be represented in the governance structure.
31. 14 -- Addition (3) The Council should also
organise comprehensive community consultations to monitor and evaluate the impact of
policies aimed at achieving full equality and participation of
transgender persons, as well as
We recommend the addition of
provision 3 to Rule 14. Since these policies are aimed at
protecting and promoting the rights of transgender persons, it
is imperative that transgender
28
utilisation of funds disbursed by the Central Government for the benefit
of transgender persons.
persons be involved at every stage of the evaluation process.
Widespread stakeholder
consultations should be organised to ensure that transgender persons across the
country are able to share their perspectives.
32. Form 1
(Declaration)
(1)I declare that the
particulars furnished by me are true and correct.
(2)Information provided in this application will be
treated as confidential and shall not be shared with any person or organisation save
the Central and / or State security agencies. any other
agency as provided by Law; and for statistical and policy framing purposes.
Modification (2) Information provided in this
application will be treated as confidential and shall not be shared
with any person or organisation.
We strongly recommend that
the latter part of the clause 2 be removed.
Personal details not be disclosed
to any person or organisation, including Central/State agencies as it would result in a
violation of the right to privacy. In light of the Supreme Court
decisions in NALSA v Union of
India and Puttaswamy v. Union of
India, privacy is a fundamental
right and the personal data of transgender persons should not
be disclosed to anyone.
33. Form 2 I, (Name),
son/daughter/ward/spouse
Modification/Deletion I, (Name),
son/daughter/ward/spouse of
The language of Clause 2 is
extremely problematic and does
29
of (name of the parent/guardian/husband)
, aged (in completed years), residing at (address),
(Tehsil), (District), (State) (Pin code) do hereby solemnly affirm and declare
asunder:
1. I am a resident of the above address continuously for the past 12 months
2. I perceive myself as a
transgender person whose gender does not match with
the gender assigned at birth. 3. I declare myself as a
transgender.
4. I am executing this affidavit to be submitted to the District Magistrate for
issue of certificate of identity as transgender
person under Section 6 of the Transgender Persons (Protection of Rights) Act,
2019 under Rule Transgender Persons
(name of the parent/guardian/husband) , aged
(in completed years), residing at (address), (Tehsil), (District), (State)
(Pin code) do hereby solemnly affirm and declare asunder:
1. I am a resident of the above address continuously for the past 12
months 2. I am
________________________.
4. I am executing this affidavit to be
submitted to the District Magistrate for issue of certificate of identity as transgender person under Section 6
of the Transgender Persons (Protection of Rights) Act, 2019
under Rule Transgender Persons (Protection of Rights) Rules, 2020
not uphold the principle of self-identification. We recommend
that Clause 2 of the form be modified to allow the applicant
to declare their self-identified gender.
Further, we recommend deletion of Clause 3, keeping in
mind the principle of self-identification which is central to both Section 4 of the
Transgender Persons (Protection of Rights) Act as
well as the NALSA judgment of
the Supreme Court which expressly held that a
transgender person has a right to gender self-identification under
Articles 21, 19(1)(a), and 14 of the Constitution.
It is imperative that transgender persons be able to obtain
identity cards in their self-identified gender.
30
(Protection of Rights) Rules, 2020
34. Form 3 1. On the basis of the application dated
dd/mm/yyyy to the undersigned it is certified that Shri /Smt /Km/ Mx
(name) son / daughter / ward of Shri/ Smt (name of
the parent or Guardian) of (complete residential address of the
applicant) is a transgender person.
2. His / her birth name is
3. This certificate is issued in terms of the provisions
contained under Rule 5 Transgender Persons
(Protection of Rights) Rules, 2020 read with section 6 of the Transgender
Persons (Protection of Rights) Act, 2019.
4. It is also certified that Shri / Smt/Km/Mx is ordinarily
a resident at the address given above.
Modification 1.. On the basis of the application dated dd/mm/yyyy to the
undersigned it is certified that (name) ward of Shri/ Smt (name of the parent or Guardian) of
(complete residential address of the applicant)
is _________.
2.. His/Her/Their name assigned at
birth is ____
We recommend the removal of ‘Shri/Smt/Km/Mx’ in item
No. 1 and 4 as it perpetuates the gender binary and denies transgender persons the right to
self-identification.
We further recommend the removal of ‘son/daughter’ as it only recognizes biological
kinship and is contradictory the definition of family as proposed
in Rule 2(m).
We also recommend that applicants be allowed to self-declare their gender identity,
and not be limited to ‘transgender’.
Further, we recommend a change in language in No. 2
because the usage of ‘His/Her’ exclusively perpetuates a gender
binary discourse. The inclusion of ‘their’ is more appropriate and upholds the principle of self-
identification.
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5. This certificate entitles the holder to change name
and gender in all official documents of the holder.
35. Form 4 1. On the basis of the application submitted to the
undersigned along with a medical certificate from the
Medical Superintendent or Chief Medical Officer (name of the Hospital and
complete address), it is to certified that Shri / Smt /
Km/ Mx (name)________ son / daughter / ward of
Shri/ Smt (name of the parent or Guardian) of (complete residential
address of the applicant) has undergone medical
intervention to change gender.
2. His/ Her birth name is ___________.
3. This certificate is issued in terms of the provisions
contained under Rule 6 of the Transgender Persons
(Protection of Rights)
Modification 1. On the basis of the application submitted by the undersigned along
with a self-attested affidavit, it is certified that (name)....... ward of
Shri/Smt (name of parent or Guardian) of (complete residential address of the applicant) declares
that from henceforth their legal gender is to be changed
from.......to.......
As detailed in Rule 6(1), we strongly oppose the
requirement of a medical certificate issued by a Medical
Superintendent or a Chief Medical Officer and urge that this provision be revisited.
The Yogyakarta Principles + 10,
as adopted in 2017, make clear under Principle 32 that
“Everyone has the right to bodily and mental integrity, autonomy and self-
determination irrespective of sexual orientation, gender
identity, gender expression or sex characteristics.” States are bound to guarantee and protect
the rights of all individuals, including children, to bodily
and mental integrity, autonomy and self-determination.
The importance of bodily integrity and autonomy has also
been recognized by the Supreme
32
Rules, 2020 read with section 7 of the Transgender
Persons (Protection of Rights) Act, 2019.
4. It is also certified that Shri / Smt / Km/ Mx is
ordinarily a resident at the address given above.
5. This certificate entitles the holder to change name
and gender in all official documents of the holder.
6. Such change in name and
gender and the issue of this certificate shall not adversely affect the rights
and entitlements of the holder of this certificate.
Court of India in the NALSA judgment of 2014, where the
Supreme Court stated that “any
insistence for SRS for declaring
one’s gender is immoral and
illegal”. It has also been
recognized in the landmark
privacy judgment of 2017, Puttaswamy v. Union of India. The nine-judge bench
Puttaswamy decision held that privacy is a fundamental right and encompasses within its
ambit the rights to autonomy and bodily integrity. In light of
this, the requirement of a ‘medical intervention’ certificate violates transgender
persons’ rights to autonomy and self-determination.
Furthermore, many transgender persons undergo medical
procedures in overseas institutions or other places, where it would be extremely
challenging to obtain a certificate from the Medical
Superintendent or Chief Medical Officer. Hence, this requirement should be done
away with.
33
We recommend the removal of
‘Shri/Smt/Km/Mx’ in item No. 1 and 4 of the Form as it
perpetuates the gender binary and denies transgender persons the right to self-identification.
We recommend the removal of
‘son/daughter’ as it only recognizes biological kinship and is contradictory to the
definition of family as proposed in Rule 2(m).
36. Form 5 The original provision says
‘Transgender Identity Card’ The original provision lists
‘transgender’ as the default gender.
Modification “Identity Card”
Gender ______
We recommend that
“Transgender Identity Card” should be changed to “identity card” since the applicant should
be allowed to self-identify. The form should also allow the
applicant to self-declare their gender identity and, hence, the space against ‘gender’
requirement should be left blank.
Further, Rule 2(g) also mentions “identity card” and not
“transgender identity card”. This is imperative for
consistency in the Rules. It has
34
been pointed out multiple times that the use of binary language
excludes many transgender persons, and is violation of the
gender self-identification principle enumerated by NALSA
under the Constitution.
37. Annexure I Annexure I
List of official documents 1. Birth Certificate
2. Caste/Tribe Certificate 3. Education Certificate
4. Election Photo ID 5. Aadhaar Card 6. PAN
7. Driving Licence 8. BPL Ration Card
9. Post Office/Bank pass book with photo 10. Passport
11. Kisan pass book 12. Marriage certificate
13. Electricity/water/gas connection papers 14. Property papers
15. Vehicle Registration
Addition
19. Spouse’s/children’s identity cards and certificates
20. Identity cards issued by
educational institutions
There are several transgender persons who are married and
have children. Therefore it is imperative that their document
reflects the change in name and gender.
It is also imperative that transgender persons be entitled
to change their name/gender in educational documents as many
of them may undergo a gender change process after graduation.
35
16. Service book, employment papers
17. Identity card related to Bar
18. Policy papers
38. Annexure II Annexure II This Annexure outlines that
Suggested list of welfare schemes to be considered
1. Access to health
a) At least 1 government hospital in every State shall
be equipped to offer safe and free gender affirming surgery, counseling and
hormone replacement therapy to the transgender
community, including all MTF and FTM procedures.
b) State medical insurance shall cover procedures of
SRS, hormonal therapy, laser therapy, counselling and other health issues of
Modification This Annexure outlines a non-exhaustive list of welfare schemes to
be considered. 1(a) At least 1 government hospital
in every State shall be equipped to offer safe and free gender affirming
surgery, counselling and hormone replacement therapy to the
transgender community, including all MTF and FTM procedures and all general healthcare procedures.
Provided that travelling expenses,
monetary compensation and accommodation to be provided to those individuals who are travelling
for medical procedures.
2(b) Free inclusive and equitable quality education in schools that fosters respect for equality and
gender diversity
We recommend that the word “suggested” in the original
provision be removed and replaced with non-exhaustive.
Further, we recommend that the welfare schemes mentioned in
Annexure II ought to be incorporated in the rules a
instead of the Annexures. These schemes can be
incorporated in Rule 10 which lays down ‘Welfare Measures’.
In Clause 1(a) we recommend the addition of access to general
healthcare procedures as well.
Further for Clause 1(a) we have recommended adding a Proviso to ensure that those persons who
are travelling for medical procedures are compensated
36
transgender persons at private hospitals
c) medical
insurance/arogyashri cards, d) All healthcare facilities
should ensure that that there are separate wards for
transgender persons. 2. Access to education
a) Scholarship for
transgender students
b) Inclusive and equitable quality education in schools that fosters respect for
equality and gender diversity
c) Protection against ragging in the educational
institutions with provisions for grievance redressal
d) Facilitation of accommodation and schooling for transgender,
gender non-conforming and intersex children in
residential government
2(c) Protection against ragging,
discrimination and harassment in the educational institutions with
provisions for grievance redressal 3(b) Shelters and community
centres for at risk transgender persons that provide nutritious food
and counselling.
and provided with accommodation.
In Clause 2(b) we recommend
the addition of the word “free” as we believe that education ought not only be inclusive and
equitable, but also free.
In Clause 2(c) we recommend adding “discrimination” and “harassment” along with
ragging.
In Clause 3(b), we have recommended the removal of
the word “youth” and exchanged it with “persons”. Youth are not the only
vulnerable demographic. Further, the recommendations
do not provide any clarity on what they mean by “youth”.
37
schools and universities
3. Access to housing:
a) Affordable housing b) Shelters and community
centres for at risk transgender youth that
provide nutritious food and counselling.
c) Access to sanitation facilities and safe drinking
water
4. Welfare measures a) Universal access to Food
security schemes and provision of ration cards,
b) Pension for aged, disabled or other vulnerable
transgender persons
c) Old age and retirement homes for transgender persons facing housing
exclusion
d) Public transport to have
38
harassment-free zones for transgender persons
5. Economic support
(1) Universal coverage of Life Insurance
(2) Access to banking and
financial services including loans
(3) Explicit inclusion of transgender persons in
employment guarantee schemes such a s
MNREGA and all social security schemes
(4) Formation into self help groups for livelihood
activities (5) Provisions of zero-
interest and other micro-finance schemes
