Transgender Persons (Protection of Rights) Act, 2019
Transgender Persons (Protection of Rights) Act, 2019 & Transgender Persons (Protection of Rights) Rules, 2020
Applicability
Applicable to every establishment
Appropriate Authority
The State Government is appropriate authority for Establishments other than Central Governments.
Welfare Measures by the State and Central Government
State Government to frame welfare measures for the Transgender.
The appropriate Government shall formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory set up separate human immunodeficiency virus Sero-surveillance Centres to provide for medical care facility including sex reassignment surgery and hormonal therapy.
To facilitate access to transgender persons in hospitals and other healthcare institutions and centres
Provision for coverage of medical expenses by a comprehensive insurance scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender persons
Central Government shall by notification constitute a National Council for Transgender Persons
Grievance Redressal Mechanism
The appropriate Government shall also set up within one year a grievance redressal mechanism, operating through a helpline and outreach centres, for ensuring proper implementation.
The grievance redressal system shall ensure resolution of grievances within thirty days from the date of bringing of such grievance to the helpline, and imposing of penalties.
The appropriate Government shall put in place a monitoring system for tracking the number of complaints filed, enquired and action taken of all the establishments in their jurisdiction.
Employer Responsible Part
Establishment shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related Issues.
Every establishment shall ensure compliance with the provisions of this Act and provide such facilities to transgender persons as may be prescribed.
Equal opportunities in employment.- Every establishment shall implement all measures for providing a safe working environment and to ensure that no transgender person is discriminated in any matter relating to employment including, but not limited to, infrastructure adjustments, recruitment, employment benefits, promotion and other related issues
Complaint Officer
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. The complaint officer shall enquire into the complaints received within fifteen days from the date of receipt of such complaints.
The head of the establishment shall take action on the enquiry report submitted by the complaints officer within fifteen days from the date of submission of the report.
The head of the establishment shall take action forthwith in all cases where action has not been taken in accordance with the above time limits.
Equal Opportunity Policy
Every establishment shall publish an equal opportunity policy for transgender persons.
The establishment shall display the equal opportunity policy, including the details of the complaints officer, preferably on their website, failing which, at conspicuous places in their premises.
The equal opportunity policy of an establishment shall, inter alias, contain details of-
(a) infrastructural facilities (such as unisex toilets), measures put in for safety and security (transportation and guards) and amenities (such as hygiene products) to be provided to the transgender persons so as to enable them to effectively discharge their duties in the establishment.
(b) applicability of all rules and regulations of the company regarding service conditions of employees;
(c) confidentiality of the gender identity of the employees;
(d) complaint of the officers.
OFFENCES AND PENALTIES
Punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
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