Transgender Persons (Protection of Rights) Rules 2020 published

Sonal_t

Hi,

Sharing the information i got :

Transgender Persons (Protection of Rights) Rules 2020 has just been published by the Centre, on 13th July, 2020.

http://egazette.nic.in/WriteReadData/2020/220497.pdf - for Hindi and English versions

Suggestions and objections must be received within 30 days of publication and addressed to the Joint Secretary to the Government of India, Ministry of Social Justice and Empowerment.

s18009

If a transgender person undergoes medical intervention to change sex either as a male or female, such person may apply in the Form –1, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical institution in which that person has undergone the said medical intervention, to the District Magistrate for the issue of a revised certificate of identity undersection 7.

With this ambiguous wording, can HRT be interpreted as a "medical intervention" because it clearly is?
Or is there another place where they have detailed the list of "medical interventions" that are accepted?

Sonal_t

s18009 My understanding is also that HRT should be taken as medical intervention, but I am not completely sure.
Am also confused on, whether it is mandatory to apply for Transgender identity card first and then apply for revised identity card to identify as male/female. It makes no sense to apply for TG identity card for those who want to identify as male/female.

Leno

Sonal_t According to the bill, "If you're trans, get a certificate first then transition 'medically'(which means surgery) to fit the binary and only then can you reverse your gender." This is a complete mockery of the trans community.

Not to forget, that it completely disregards non binary people.

Leno

s18009 Ambiguity is the USP of the Trans Act 2019. What good is a bill that confuses intersexuals, gender non-conforming and transgender people by clubbing them in one community?!? Sheer ignorance, bigotry and idiocy of the Indian legislature.

Sonal_t

Just found this news article in relation to the rules published:
https://www.thehindu.com/news/national/no-medical-examination-required-for-trans-id-certificate-say-draft-rules/article32076579.ece
I still dont understand, but after reading the article, it looks like we have to apply for TG identity card and then for revised or new identity certificate in desired gender.
Its like we dont transition from MtF or FtM, but for them we are MtTGtF or FtTGtM ??

Sonal_t

Leno The recently published rules doesnt mention surgery but medical intervention.

NALSA had stated self identification of gender (including male/female), irrespective of surgery or hormones. I also wish the law was based on NALSA only.

Sara15

Sonal_t I too have the same confusion

Jesse

Persons who have not yet started any transition process can follow rule 6 to continue medical and legal changes simultaneously

Persons:
1) who are living for years with changed gender after medical operations
or
2) who have at least just got their SRS started

can follow rule 7 to continue legal changes (since they have already completed their medical changes)

any one who has even started HRT, must have got a certificate from govt/private practitioner, so legally they have started 'medical intervention'. Ideally they should go by rule 7.
if anyone wants to go by rule 6, wayaround would be to apply as first-timer for transgender identity and undergo all the HRT sessions, HRT medication procedures again from start, then followed by SRS, voice change etc.

The rules keep two things as 'work in progress' which become my concerns:
1) min one govt hospital to be setup by a state within two years from the day these rules got published in Gazette and these state govt hospitals must provide free medical operations for transition. We can see here that the task of providing free medical operations in govt hospitals have been given to every state and they can delay based on state election, list of priorities, genuine intention to help non-binaries. Lets say one state doesn't do that, so domiciles of that state can do nothing, they cannot get operated in any other state (because health is a state-subject in the Indian Constitution). Also when no such facilities will be setup, then no question of getting any govt medical insurance cover for such medical operations arises. (Lets hope govt separates setting up hospitals and medical insurance cover for our benefit)
2) only name of national-level govt redressal body has been mentioned. They have mentioned that local/state-level govt redressal bodies will start with as soon as this Gazette gets public but they have not mentioned any name so we don't know what is the name of redressal office locally or in state. It is said that within 1 yr such govt redressal bodies will be up and functional and fingers-crossed even online facility will be available. This is a vague area.

Jesse

Jesse these are just my inferences from the rules. Anyone is free to improve the understanding on these matters.

Sonal_t

Jesse It appears that we may have to apply for TG identity card and then apply for binary gender marker. If its true, then its really senseless to apply for tg identity when the person desires binary gender marker.

The rules do not explicitly state that, we have to apply TG identity card first. But in the section for application for male/female identity card, it mentions "revised" certificate. Because of this ambiguity, it is not clear whether we can directly apply for change into binary gender marker.

Johnwick

Everyone consult lawyers please. They are right to tell you.

Jesse

Sonal_t Yup I agree that its better to consult an active transgender-cause supporting lawyer or even an activist to get the best legal support