Tamil Nadu notifies Transgender Persons (Protection of Rights) Rules, 2022 after Madras High Court intervention

The Tamil Nadu government Monday told the Madras High Court that it has notified the Transgender Persons (Protection of Rights) Rules, 2022 to protect the rights of trans persons in the State and to facilitate their access to statutory welfare schemes..The new Rules, a copy of which was submitted before Justice N Anand Venkatesh, prohibit any form of discrimination against trans persons in both public and private establishments. They also provide for a slew of welfare measures, including a mobile application for those who identify as trans persons to apply for identity certificates. The Rules say that any trans person desirous of obtaining an identity certificate can submit their application to the concerned district collector through the 'Thirunangai' mobile app. The Rules prohibit conversion therapy, mandate sensitisation and training of teachers and staff in educational institutions, provide for gender-neutral restrooms, separate wards in hospitals and a separate column to declare oneself as belonging to the third gender in application forms. They also mandate that all establishments, whether private or State-run, must provide training and education to stakeholders to bring about "appropriate changes in behavior" towards trans persons..The Rules were framed under the provisions of the Transgender Persons (Protection of Rights) Act, 2019, following Justice Venkatesh's recommendation.The High Court has been issuing a series of directions to the Central and the State governments to ensure that the LGBTQIA+ community is rid of the stigma surrounding their identities and are treated as equal citizens. These orders came to be passed after two girls from Madurai who were in a romantic relationship filed a petition alleging harassment by their parents through the police.The Court had issued directions at the time to ensure the petitioners' safety, and had expanded the scope of the plea to accommodate policy changes..Continuous effort needed to tackle deeply embedded prejudice against LGBTQ+ persons: Madras High Court.On Monday, the Central government also told the High Court that it had directed all such NGOs that work with or for members of the LGBTQIA+ community to get themselves registered and vetted.The Court will hear the matter further on March 13.Additional Advocate General S Silambanan appeared for the Tamil Nadu government.Advocate Manuraj S appeared for the petitioners.Advocate V Chandrasekaran appeared for the Central government..The Rules provide for trans persons to secure identity cards for availing benefits of Central and State welfare schemes. They must apply for such identity cards through the Thirunangai mobile application. The Rules also provide one the option of choosing one of the three options - trans woman, trans man, and intersex persons for their identity certificates. Persons who are desirous of changing their gender can also obtain identity cards by submitting a medical certificate to the District Collector as proof that they have undergone reassignment surgery. The Collector is required to verify such application without conducting any physical examination of the applicant.The State government is required to create institutional and infrastructural facilities for trans persons including rehabilitation centres and temporary shelters, within two years of the notification of the Rules.The Rules also provide for equal employment opportunities for transgender persons..[Read Rules]