• The Union government has done away with the requirement of a medical examination for trans persons applying for a certificate of identity in its latest draft rules framed under the Transgender Persons (Protection of Rights) Act, 2019.

About:

• The draft of the Transgender Persons (Protection of Rights) Rules, 2020 stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, “but without any medical examination”.

• Going by the draft rules, the law seeks to pave the way for an inclusive educational curriculum, public spaces, hospitals and non-discriminatory workplaces by making it mandatory for establishments to publish and prominently displace an equal opportunity policy for transgender persons.

• Trans persons would be required to fill out a form and submit an affidavit saying they perceive themselves to be “a transgender person whose gender does not match with the gender assigned at birth”.

• In case of change of gender, the application for new identification certificate would require a certificate from the medical superintendent or chief medical officer of the medical institution where the applicant underwent the intervention.

Background:

• An earlier draft of the rules, mandated a report from a psychologist along with the affidavit for the application. The trans rights movement had opposed this, as it was seen as going against a trans person’s right to self-identification.