Six years after the Supreme Court recognised gender identity as one of the most-fundamental aspects of life, in the celebrated case of National Legal Services Authority v. Union of India, W.P. Civil No 604 of 2013, the Central Government had, on December 5, 2019, published in the official gazette the Transgender Persons (Protection of Rights) Act, 2019 (“Act”). The Act was eventually brought into force with effect from January 10, 2020, vide notification bearing no. S.O. 135 (E), of even date and the Transgender Persons (Protection of Rights) Rules, 2020 (“Rules”), were notified on September 25, 2020, vide notification bearing no. G.S.R.592(E), of even date.
What are the establishment to which the Act is applicable?
The Act is made applicable to every establishment which is established by or under a Central Act or a State Act or is a company or body corporate or association or body of individuals, firm, cooperative or other society, association, trust, agency, institution. Therefore, even private companies have to comply with the provisions of the Act.
What are the compliances under the Act?
Chapter IV of Act, read with the Rules specify the obligations that an establishment is required to undertake vis-à-vis a transgender person. Such obligations inter alia include
Protection of Transgender Persons under other Labour Laws
It is interesting to note that the Code on Occupational Safety, Health and Working Conditions, 2020 imposes a responsibility on employers to ensure transgender persons have separate washroom facilities, lunch-room, bathing places, locker-rooms, and shelters.
Please find attached a copy of the Act and the Rules.
This update has been contributed by Arka Majumdar (Partner) and Juhi Roy (Associate).
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