A Bill :
To provide for the formulation and implementation of a comprehensive national policy for ensuring overall
development of the Transgender Persons and for their welfare
to be undertaken by the State and for matters connected
therewith and incidental thereto.
Be it enacted by Parliament in the Sixty-sixth Year of the
Republic of India as follows:—
CHAPTER I
PRELIMINARY
PRELIMINARY
1. (1) This Act may be called the Rights of Transgender Persons Act, 2015.
Short title and commencement
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires;
Definitions
(a) 'abuse' includes verbal and physical abuse;
(b) 'appropriate government' means;
(i) In relation to an establishment of the Central Government, or an establishment, wholly or substantially owned or financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 1924, or a Union Territory without legislature, or the provider of a service which pertains to List 1 in Schedule VII of the Constitution, the Central Government;
(ii) In all other cases, the State Government or, as the case may be, the Government of a Union Territory with legislature.
(c) 'barrier' means any factor including attitudinal, cultural, economic, institutional, political, religious, social or structural factors which hampers the full and effective participation, of transgender person in society;
(d) 'discrimination' means any distinction, exclusion or restriction on the basis of gender identity and expression which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination, including denial of reasonable accommodation;
(e) 'establishment' means and includes;
(i) Departments and Ministries of Government;
(ii) Local authorities and authorities or bodies owned, controlled or aided by the Central or State Government;
(iii) Any statutory or non-statutory body created, owned, financially or administratively controlled or aided by the Central or State Government or any such body performing public or civic functions and includes Government Companies as defined in Section 617 of the Companies Act, 1956;
(iv) Any company, firm, cooperative or other society, association, trust, agency, institution, organization, union, industry, supplier of goods or services, factory or other nonstatutory body which is not covered under clause (a) to (c) and provides services as defined in clause (r) section 2;
(f) 'exploitation' means using a Transgender Person to one's own advantage to which one is not otherwise entitled, or to the latter's disadvantage, to which such latter person is not
otherwise liable;
(g) ‘higher education' means a course of education which can be pursued after completing twelve years of school education;
(h) ‘human rights’ shall have the meaning assigned to it in Clause
(i) of Section 2 of the Protection of Human Rights Act, 1993;
(i) 'inclusive education' means a system of education wherein all students learn together, most or all of the time;
(j) 'institution' means an institution for the reception, care, protection, education, training, rehabilitation or any other service of transgender persons;
(k) 'local authority' means a municipality, a Cantonment Board, a Panchayat or any other authority, established under an Act of Parliament, or a State Legislature to administer the civic affairs of any habitation as defined in or under such Act;
(l) 'prescribed' means prescribed by rules made under this Act;
(m) 'public building' means a building, irrespective of ownership, which is used and accessed by the public at large; and includes its entrance, exit, parking space, footpath and other appurtenant lands;
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