The key features of the Transgender Persons (Protection of Rights) Act, 2019 (‘TPA’) released by the Ministry of Law and Justice are as follows:

i.       Prohibition of Discrimination: A transgender person cannot be discriminated inter alia in educational institutions, unfair treatment in relation to employment or termination of employment, healthcare services, any other privilege or opportunity in relation to access and enjoyment of goods, services and facilities, and there cannot be unfair treatment pertaining to right to movement, hold public or private office, etc.

ii.        Recognition of Identity: A transgender person will have the right to be recognized and has a right to self-perceived gender identity.

iii.     Formulation of Welfare Schemes & Programmes: TPA provides for formulation of welfare schemes to protect rights of the transgender persons and programmes which are transgender sensitive, non-stigmatizing and non-discriminatory in nature, and also promotes and protects the rights of the transgender people to participate in cultural and recreational activities.

iv.      Constitution of National Council: National Council is to be set up which will inter-alia advise the Central Government on formulation, monitoring and evaluation of policies and programmes, reviewing and coordinating activities, redressal of grievances, etc. for transgender persons.

v.       Offences and Penalties: Contravention of the TPA provisions will have penal and monetary implications with up to 2 years of imprisonment and with a fine.

While the TPA has received Presidential assent, it is yet to come into force.