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 

1. Non-discrimination against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues. In this regard, the Rules required every establishment to publish an equal opportunity policy for transgender persons, inter-alia, containing 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 to enable them to effectively discharge their duties in the establishment. (b) applicability of all rules and regulations of the company regarding the service conditions of employees. (c) confidentiality of the gender identity of the employees; and

2. designation of a person to be a complaint officer to deal with the complaints relating to violation of the provisions of the Act, who is required to be so designated within 30 days from the Rules being notified.

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).