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TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2018 (PAKISTAN)

The National Assembly of Pakistan enacted The Transgender Persons (Protection of Rights), Act 2018 on 8th May 2018. The Act provides legal recognition to transgender persons and prohibits discrimination and harassment. It also places an obligation on local governments to provide for the welfare of the community. DEFINITION OF “TRANSGENDER PERSONS” The definition of “transgender persons” […]

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KARNATAKA STATE POLICY ON TRANSGENDERS, 2017

The Government of Karnataka drafted and published a detailed Karnataka State Policy on transgender persons in 2017. The policy acknowledges the Supreme Court decision in NALSA v. Union of India, recognises the structural discrimination faced by transgender persons and non-recognition of their rights in various criminal and civil statutes. The objective of the policy is to […]

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TRANSGENDER PERSONS WELFARE POLICY, 2018 (PAKISTAN)

In August 2018, the Punjab Social Protection Authority (PSPA), Pakistan published the Transgender Persons Welfare Policy. Chief Justice, Mian Saqib Nisar directed the government to draft the policy after noting the issues faced by transgender persons in Pakistan and other developing countries. This is the first policy in Pakistan which deals explicitly with transgender persons. IDENTIFICATION AND […]

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KHYBER PAKHTUNKHWA HUMAN RIGHTS POLICY, 2018

The Khyber Pakhtunkhwa (KP) Provincial Government published the KP Human Rights Policy in 2018. It was the first province to enact a policy after the powers were devolved to the provinces. The policy addresses rights of women, children, transgender persons, minorities, senior citizens, persons with disabilities, and human rights defenders. It also discusses the civil and […]

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STATE POLICY FOR TRANSGENDERS IN KERALA, 2015

The Government of Kerala published the State policy for transgender persons in Kerala in 2015. The policy aims to enforce the constitutional rights of transgender persons as mandated by the Supreme Court in NALSA v. Union of India. The policy recognises that transgender persons are facing injustice at several places including their own homes. It […]

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SWEEKRUTI ODISHA (A Scheme for Promotion of Transgender Equality & Justice), 2017

The Government of Odisha formulated an umbrella scheme ‘Sweekruti’ to secure the rights of transgender persons and ensure equitable justice. It recognises that transgender persons are subject to discrimination and hardships in society. The main objectives of the scheme are to create an enabling environment for transgender persons, ensure their participation and social integration, strengthen […]

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MINISTRY OF HEALTH CIRCULAR RECOGNISING TRANSGENDER PERSONS, 2006 (SRI LANKA)

The Ministry of Health in Sri Lanka issued a circular in June 2006. This circular grants transgender persons the right to legally change their gender in their birth certificates. Transgender persons can use their birth certificate to legally change their gender in other identity documents. The circular also recognises the discrimination and violence faced by transgender […]

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TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2018 (INDIA)

The Transgender Persons (Protection of Rights) Bill, 2018 was first introduced in 2016, in the lower house of Parliament (Lok Sabha). The 2018 bill was passed with amendments to the 2016 version. The Bill aims at protecting the rights of transgender persons and provides for their welfare. It defines ‘transgender persons’ as persons whose gender […]

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TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016 (INDIA)

The Transgender Persons (Protections of Rights) Bill was introduced in the Lok Sabha in 2016. The bill seeks to protect the rights of transgender persons and provide for their welfare. The bill defines transgender persons as a person who is (a) neither wholly female nor wholly male; (b) a combination of female or male; and […]

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RIGHTS OF TRANSGENDER PERSONS BILL, 2014 (INDIA)

The Rights of Transgender Persons Bill, 2014 was introduced in the Rajya Sabha as a private member Bill in 2014. The Bill’s objective is to implement a comprehensive national policy for the overall welfare and development of transgender persons. The Bill defines ‘transgender person’ broadly as a person whose sense of gender does not match […]

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TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 (INDIA)

Following the judgment in NALSA v. Union of India, which directed the Central Government and State Governments to take various steps for the welfare of the transgender community and to treat them as a third gender for the purpose of safeguarding their rights under Part III of the Constitution and other laws made by Parliament […]

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RULES ON THE ASSAM POLICY FOR TRANSGENDERS, 2020

The State Government of Assam is formulating Rules to accompany the Assam Policy for Transgender. The Rules enumerate the powers and functions of the State Transgender Welfare Board and procedure regarding proof of identification. IDENTIFICATION AND REGISTRATION The Rules state that all Transgender persons are exempted from disclosures of any proof in regards to the […]

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ASSAM POLICY FOR TRANSGENDERS, 2020

The Government of Assam, through its Social Welfare Department, formulated a draft policy for transgenders living in the state of Assam on a rights-based framework in line with the judgment of the Supreme Court in NALSA v. Union of India. It is an attempt to understand the factors responsible for the marginalisation of the transgender […]

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TRANSGENDER PERSONS (PROTECTION OF RIGHTS) RULES, 2020 (INDIA)

The Ministry of Social Justice and Empowerment, on 25th September 2020, notified the Transgender Persons (Protection of Rights) Rules, 2020. The Rules were issued in exercise of its powers conferred under Section 22 of the Transgender Persons (Protection of Rights) Act 2019 (‘2019 Act’). The Rules have addressed the following points: Certificate of Identity: Rule 3 […]

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TAMIL NADU GOVERNMENT ORDER BANNING SURGERIES ON INTERSEX INFANTS, 2019

BACKGROUND: The Health & Family Welfare Department for the State of Tamil Nadu issued a Government Order (GO) on 13th August, 2o19 banning sex reassignment surgeries (SRS) on intersex infants and children except in life-threatening situations. The GO came as a directive in the judgment delivered by the Madras High Court in Arunkumar & Sreeja […]

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KARNATAKA CIVIL SERVICES (GENERAL RECRUITMENT) (AMENDMENT) RULES, 2021

The Karnataka Civil Services (General Recruitment) (Amendment) Rules, 2021 (‘2021 Amendment’) added sub-rule (1D) to Rule 9 of the original Rules, 1977. THE AMENDMENT: The 2021 Amendment provides 1% reservation for transgender persons in civil services post filled through direct recruitment. The reservations will be 1% in each of the categories of posts: General Merit, […]

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SECTION 48, ELECTIONS ACT, 2017 (PAKISTAN)

BACKGROUND: The National Identity Card (‘NIC’) is a crucial document in Pakistan. It is mandatory for, among other things: voting, banking, gas, electricity, water, SIM card and admission to colleges. Transgender persons have historically had a difficulty in obtaining the NIC under the gender they identify as. Issues also arose where transgender person did not […]

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THE CONSTITUTION OF NEPAL, 2015

BACKGROUND: In the landmark case of Sunil Babu Pant v. Nepal Government (2007), the Supreme Court of Nepal recognized transgender persons and held that they have equal rights as citizens. It also recommended that sexual identity and gender orientation be added as prohibited grounds of discrimination. In the first Constituent Assembly of 2008-12, Sunil Babu […]

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