India publishes rules to protect transgender persons

India publishes rules to protect transgender persons

Rules on the protection of transgender persons took effect on 25 Sep 2020, providing further detail on measures included in the Transgender Persons (Protection of Rights) Act, 2019. The rules apply to private and public sector organizations and require employers to prohibit discrimination against transgender persons.  

Highlights

  • Every establishment must provide a safe working environment and protect transgender persons from discrimination with regards to employment matters — including recruitment, workplace adjustments, employment benefits, and promotion. 
  • Every establishment must post an equal opportunities policy on the employer’s website or at the worksite. The policy must include contact information for an appointed complaints officer and other details, such as the provision of unisex toilets, other amenities, and applicable safety and security measures to support transgender persons in the workplace.
  • Complaints officers must investigate complaints within 15 days of their receipt, and heads of establishments must follow up on such reports within 15 days. 
  • The government will establish a grievance system, including a helpline and outreach centers, and will publish penalties for breaches of the law.
  • The rules include other measures, such as the issuance of identity certificates to transgender persons, and nondiscrimination with regard to welfare provision, education, social security and health matters.

Further measures will be published within two years, including a “comprehensive policy” on the measures and procedures required to protect transgender persons, and administrative and police measures to protect vulnerable transgender communities. 

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Fiona Webster
by Fiona Webster

Principal, Mercer’s Law & Policy Group

Stephanie Rosseau
by Stephanie Rosseau

Principal, Mercer’s Law & Policy Group

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