Transgender certificate and ID card under The Transgender Persons (Protection of Rights) Act, 2019

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  • Опубликовано: 19 авг 2024
  • The Transgender Persons (Protection of Rights) Act 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters.
    A transgender person is one whose gender does not match the gender of a person assigned at birth. Trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra is included in this Bill. Terminology Intersex variations are defined to refer that person who at birth shows the variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of the male or female body.
    Certification of Transgender Identity: An application for certification of identity can be made under Sec 5 of the Transgender Persons (Protection of Rights) Act, 2019. A transgender person may make an application to the District Magistrate for issuing a certificate of identity as a transgender person. The role of a medical fraternity has been removed for transgender identification.
    A transgender person can apply for a certificate of identity by writing an application to the District Magistrate for issuing a certificate of identity as a transgender person, in Form 1 and2 accompanied by required documents. In the case of a minor child, the application may be made by a parent or guardian of such child.
    The Act also mentions that such change in gender (with or without surgery) should not affect the rights and entitlements of the transgender
    The Transgender Persons (Protection of Rights) Act, 2019 is silent regarding the standard of care and process of certification for hormonal therapy and sex reassignment surgery. This standard care can be drafted under the rules and provisions have been made under the sec 15(d) of the Transgender Persons (Protection of Rights) Act, 2019
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