The Transgender Persons (Protection of Rights) Rules, 2020 were notified on 29th September, 2020. Here are the provisions and the changes compared to the draft rules circulated earlier:

• Application for issue of certificate of identity: While the draft rules earlier stated that applications for issue of certificate of identity may also be made online, the notified Rules state that once online facilities have been developed, applications shall be made online only. However, it has provided that appropriate Government may undertake measures to facilitate submission of applications by those living in remote areas or disadvantaged conditions. Earlier the draft rules covered parents and guardians of minor child to file an application on their behalf. Now, for those children who may be under care and protection as per the Juvenile Justice (Care and Protection of Children) Act,2015, the competent authority under that law can also apply for such identity. The Rules also state that Transgender persons who have officially recorded their change in gender prior to the coming into force of the Act shall not be required to submit an application for certificate of identity and they shall enjoy all rights and entitlements conferred on transgender persons under the Act.

• Procedure for issue of certificate of identity: Earlier the draft rules stated that a report of a psychologist of a hospital of appropriate government will also be required for the purposes of issue of certificate of identity. The notified rules have done away with that requirement. Also, while the draft rules stated that application for certificate of identity will be processed without any medical examination, the notifies Rules state that there shall neither be medical nor physical examination. Further, the draft rules stated that in order to apply, a person must be residing in the jurisdiction of the District Magistrate for a continuous period of one completed year as on the date of the application. This provision has been done away with. The notified Rules only state that application has to be made with the District Magistrate in whose jurisdiction the applicant stays.

• Issue of certificate of identity: The draft rules stated thatcertificate of identity has to be issued within 60 days of receipt of application. That has been changed to 30 days now.

• Procedure for issue of certificate of identity for change of gender: When an application is made as a result of medical intervention, any physical examination to verify change of gender has specifically been prohibited by the notified Rules.Further, the draft rules stated that in order to apply, a person must be residing in the jurisdiction of the District Magistrate for a continuous period of one completed year as on the date of the application. This provision has been done away with. The notified Rules only state that application has to be made with the District Magistrate in whose jurisdiction the applicant stays.
• Issue of certificate of identity: With respect to change of gender, the draft rules stated that the applicant could record or change the gender as well as name. the notified rules mention about photograph as well.

• Communication of rejection of application: In case of rejection of application, the draft rules stated that District Magistrate shall inform the applicant the reason or reasons for such rejection. The notified Rules however prescribe a time period and state that District Magistrate shall inform the applicant the reason or reasons for such rejection within thirty days from the date of receipt of such application. It further states that District Magistrate may review the decision of rejection of the application based on the reply submitted by applicant regarding the reason for rejection within sixty days from the date of such rejection.

• Right to appeal: The applicant shall have a right to appeal, within 30 days from the date of intimation of rejection of the application. The applicant shall have a right to appeal, within ninety days from the date of intimation of the rejection of the application.

– Adv. Shivangi Prasad – Corporate Lawyer, External Member & Trainer, Head – Legal & Compliance, Partner Inclusion at Work