Trans ID certificate does not require medical examination
The Government of India has released a new Draft of Transgender Persons (Protection of Rights) Rules, 2020, along with giving a window of 30 days for suggestions and amendments. Supreme Court recognised a transgender person’s right to self-identify their gender as male, female or the third gender in 2014.
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Key-Points
The draft of the Transgender Persons (Protection of Rights) Rules, 2020 stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, “but without any medical examination”.
Trans- persons would be required to fill out a form and submit an affidavit saying they perceive themselves to be “a transgender person whose gender does not match with the gender assigned at birth” and that they “declare” themselves to be transgender.
In case of change of gender, the application for new identification certificate would require a certificate from the medical superintendent or chief medical officer of the medical institution where the applicant underwent the intervention. By which Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, “but without any medical examination”.
Transgender Persons (Protection of Rights) Act, 2019
It defines a transgender person as one whose gender does not match the gender assigned at birth.
It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public.
Every transgender person shall have a right to reside and be included in his household. If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.