What are the obligation of establishments and other person under the Transgender Persons (Protection of Rights) Bill, 2016?


Siya Burman

The Transgender Persons (Protection of Rights) Bill, 2016 which is still pending ratification by the Parliament has prescribed under Sections 10 to 14 various obligations of establishments and other person, the same are reproduced below:

"10. No establishment shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues.

11. Every establishment shall ensure compliance with the provisions of this Act and provide such facilities to the transgender person as may be prescribed.

12. Every establishment consisting of one hundred or more persons shall designate a person to be a complaint officer to deal with the complaints relating to violation of the provisions of this Act.

13. (1) No transgender person shall be separated from parents or immediate family on the ground of being a transgender, except on an order of a competent court, in the interest of 25 such person.

(2) Every transgender person shall have-

(a)   a right to reside in the house-hold where parent or immediate family members reside;

(b)   a right not to be excluded from such house-hold or any part thereof;

(c) a right to enjoy and use the facilities of such house-hold in a non-discriminatory manner.

(3) Where any parent or a member of his immediate family is unable to take care of a transgender, the competent court shall by an order direct such person to be placed in rehabilitation centre.           

14. All educational institutions funded or recognised by the appropriate Government shall provide inclusive education and opportunities for sports, recreation and leisure activities without discrimination on an equal basis with others."

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