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Central Government Notifies Draft Transgender Persons (Protection of Rights) Rules,2020 inviting suggestions/objections   Jul 13, 2020

The Central Government has issued a Notification dated 13th July, 2020 circulating draft Rules under the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);  calling for objections/suggestions from persons likely to affected thereby. The Act and the Draft rules provide for prevention of discrimination and providing equal employment opportunities to Transgenders. The relevant draft rules concerning employment & prevention of discrimination are as follows:

Rule 11. Provisions for non-discrimination.- 
(1)The appropriate Government shall also take adequate steps to prohibit discrimination in any Government or private organisation or establishment including in the areas of education, employment, healthcare, public transportation, participation in public life, sports, leisure and recreation and opportunity to hold public or private office.  

Rule 12. Equal opportunities in employment.- 
(1)Every establishment shall implement all measures to ensure non-discrimination against any transgender person in any matter relating to employment including, but not limited to, infrastructure adjustments, recruitment, promotion and other related issues.
(2) Every establishment shall publish an Equal Opportunity Policy for transgender persons. 
(3) The establishment shall display the Equal Opportunity Policy preferably on their website, failing which, at conspicuous places in their premises. 
(4) The Equal Opportunity Policy of a private establishment shall, inter alias, contain details of - 
a) infrastructural facilities (such as unisex toilets), measures put in for safety and security (transportation and guards) and amenities (such as hygiene products) to be provided to the transgender persons so as to enable them to effectively discharge their duties in the establishment. 
b) applicability of all rules and regulations of the company regarding service conditions of employees; 
c) details of the complaint officers. 

Rule 13. Grievance redressal.-The appropriate Government shall ensure that every establishment designates a complaint officer in accordance with section 11 within thirty days from the date of coming into force notification of these rules.
(2) The complaint officer shall act upon the complaints received within two days from the date of receipt of such complaints. 
(3) The head of the establishment shall take action forthwith in all cases where action has not been taken with in accordance with the above time limits. 
(4) The appropriate Government shall also set up within one year a grievance redressal mechanism, operating through a helpline and outreach centres, for ensuring proper implementation of the provisions of Chapter V of the Act with special reference to sub-sections (1) and (2) of section 12. 
(5) The grievance redressal system shall ensure resolution of grievances within thirty days from the date of bringing of such grievance to the helpline, and imposing of penalties as laid down in section 18.  


OBJECTIONS/SUGGESTIONS SHOULD BE MADE WITHIN 30 DAYS FROM THE DATE OF THE NOTIFICATION I.E. ON OR BEFORE 29TH AUGUST 2020

COPY OF THE NOTIFICATION IS ATTACHED 
    

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