Madhya Pradesh Transgender Person (Protection Of Rights) Rules, 2021

[17th June 2022]

In exercise of the powers conferred by Sub-Section (1) of Section 22 of the Transgender Person (Protection of Rights) Act, 2019 (40 of 2019) the State Government, hereby, makes the following rules, the same having been previously published in the Madhya Pradesh Gazette (Extraordinary) dated 18th November, 2021, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Transgender Person (Protection of Rights) Rules, 2021.

(2)     They shall extend to the whole of the State of Madhya Pradesh.

(3)     They shall come into force from the date of their publication in the Madhya Pradesh Gazette.

Rule - 2. Definition.

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);

(b)      "affidavit" means self-attested affidavit in Form - 2 to be submitted by an applicant seeking certificate of identity in their self-identified gender;

(c)      "applicant" means a transgender person who submits an application under rule 3;

(d)      "application" means the application form as provided in Form - 1;

(e)      "any official documents" means and includes all documents listed in Annexure 1, which the State

(f)       "applicant" means a transgender person who submits an application under rule 3;

(g)      "application" means the application form as provided in Form - 1;

(h)     "any official documents" means and includes all documents listed in Annexure 1, which the State Government may revise, by notification in the Official Gazette;

(i)       "Appellate Authority" means the Divisional Commissioner (Revenue);

(j)       "Certificate of Identity" means a certificate issued by the District Magistrate under section 6 or section 7 of the Act in Form - 3 or Form - 4 respectively;

(k)      "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;

(l)       "Government" means the Government of Madhya Pradesh;

(m)    "Identity Card" means a photo identity card issued to a transgender person mentioned in Form- 5 under section 6 or issued in Form- 6 to a transgender person on change of gender under section 7 on the basis of certificate of identity" issued by the District Magistrate or an identity card to a transgender person issued by a State authority prior to the coming into force of these rules;

(n)     "medical institution" means any medical institution whether hospital or clinic, private or public, in rural areas or urban or overseas;

(o)      "procedure means procedure to be adopted by District Magistrate for issue of certificate of identity under section 6 or section 7;

(p)      "section" means section of the Act;

(q)      "State" means the State of Madhya Pradesh.

(2)     All other words and expressions used herein but not defined herein and defined in the Act shall have the same meaning assigned to them in the Act.

Rule - 3. Application for issue of certificate of identity.

(1)     A transgender person desirous of obtaining a certificate of identity shall make an application as prescribed in Form - 1.

(2)     The application shall be submitted to the District Magistrate in person or by post till online facilities are developed by the State Government and there after the application shall be made:

Provided that the State Government may undertake measures, as it deems necessary, to facilitate the submission of applications for certificate of identity by transgender persons living in remote areas or disadvantaged conditions:

Provided further that in case of a minor child, such application shall be made by a parent or guardian of such minor child and in the case of a child in need of care and protection by the competent authority under the Juvenile Justice (Care and Protection of Children) Act, 2015.

(3)     Such transgender person who has officially recorded change in gender, whether as male, female or transgender, prior to The coming into force of Ac I shall not be required to submit an application for certificate of identity under these rules:

Provided that such person shall enjoy all rights and entitlements conferred to a transgender person under The Act.

(4)     The State Government shall submit the application for identity certificate by Transgender persons residing in remote areas or in deprived conditions to Sub-Divisional Officer (Revenue), Tehsildar, Naib Tehsildar.

Rule - 4. Procedure for issue of certificate of identity under section 6.

(1)     The District Magistrate shall, subject to its correctness get the application processed based on the affidavit submitted, declare the gender identity of any person in Form 2 but without any medical examination and issue an identification number to the applicant which may be quoted as proof of application.

(2)     For the purpose of determination of the place of residence, the applicant shall be a resident of the area under the jurisdiction of District Magistrate for a continuous period of past twelve months as on the date of application and an affidavit to this effect shall be submitted in Form-2 and no additional evidence shall be called for.

Rule - 5. Issue of certificate of identity for a transgender person under section 6.

(1)     The District Magistrate shall issue to the applicant, a certificate of identity in Form - 3 following the procedure provided in Rule 4 indicating the gender of such person.

(2)     The said certificate of identity shall be issued within thirty days of receipt duly filled application along with the affidavit.

(3)     The certificate of identity issued under sub-rule(l) shall be the basis to change the gender as well as the name and the photograph, if so necessitated, of the transgender person in all such official documents as provided in accordance with the gender specified in the said certificate of identity in Annexure-1.

(4)     The District Magistrate shall at the time of issuance of the certificate of identity under sub-rule (1), issue a transgender identity card to the applicant mentioned in Form - 5.

(5)     The transgender identity card shall be included by the State Government in their records for the purposes of public service.

(6)     The authority that issued the official document, on an application made by an applicant under rule 3, shall change the name or gender or both of the applicant in the official documents within fifteen days of making of such application.

(7)     Any official document wherein gender, name and the photograph of transgender are revised based on the said certificate of identity, shall bear the same serial or reference number as in the original official document of such transgender person who seeks change in the name or gender or both in the official documents:

Provided that all benefits that a transgender person was entitled based on an identity card, if any, issued by a State authority shall continue be enjoyed by that transgender person based on the certificate of identity issued under these rules.

Rule - 6. Procedure for issuance of a certificate of identity for change of gender.

(1)     If a transgender person undergoes medical intervention to change sex either as a male or female, such person may apply in the Form-1, along with a certificate issued to that effect by the Medical Superintendent or Chief Medical Officer of the medical instillation in which dial person has undergone the said medical intervention to the District Magistrate for the issue of a revised certificate of identity under section 7.

(2)     The District Magistrate shall, on receipt of an application referred to in sub-rule (1) shall verify the correctness of the said medical certificate.

(3)     For the purpose of determination of the place of residence, the applicant shall be a resident of the area under the jurisdiction of the District Magistrate for a continuous period of past twelve months as on the date of application and an affidavit to this effect shall be submitted along with the application in Form-1 and no additional evidence shall be called for.

Rule - 7. Issuance of certificate of identity.

(1)     The District Magistrate shall issue a revised certificate of identity to the applicant mentioned in Form - 4 seeking change in gender under section 7, indicating the gender of such a person as male or female, as the case maybe.

(2)     The District Magistrate shall issue the revised certificate under sub-rule (1) within fifteen days of its receipt.

(3)     The certificate of identity issued under sub-rule (1) shall entitle the applicant to record or change the gender, photograph as well as the name, if so necessitated, of transgender person in all such official documents provided in Annexure 1, in accordance with the gender specified in the said certificate of identity as male or female, as the case may be.

(4)     The District Magistrate while issuing the certificate of identity for change of gender shall simultaneously issue an identity card to the applicant mentioned in Form – 6

(5)     Issue of the certificate of identity and the identity card shall be included by State Governments in their records for the purpose of public service.

(6)     The authority that issued the official document on an application made by an applicant under rule 3 shall change the name or gender or both of the applicant in the official documents within fifteen days of making of such application.

(7)     Any official document wherein gender, name or photograph of transgender revised based on the said certificate of identity shall bear the same serial or reference number as in the original official document of such transgender person who seeks change in the name or gender or both in the official documents.

Rule - 8. Communication of rejection of application.

(1)     In case of rejection of application made under rule 3, the District Magistrate shall inform the applicant the reason or reasons for such rejection.

(2)     The District Magistrate may review the decision of rejection of the application based on a request by the applicant complying with the objections raised by District Magistrate made within thirty days from the date of such rejection.

Rule - 9. Right to appeal.

The applicant shall have right to appeal within sixty days from the date of intimation of the rejection of the application, to the appellate authority as designated by the State Government for a final order.

Rule - 10. Welfare measures, education, social security and health of transgender persons by Government.

(1)     The State Government shall review all existing educational, social security, health schemes, welfare measures, vocational training and self-employment schemes to include transgender persons to protect their rights and interests and facilitate their access to such schemes and welfare measures framed by that Government.

(2)     The State Government shall formulate educational, social security and health schemes and welfare schemes and programmes as specified in Annexure II in a manner to be transgender sensitive, non-stigmatizing and nondiscriminatory to transgender persons.

(3)     The State shall take adequate steps to prohibit discrimination in any Government or private organization, educational institution under their purview and shall ensure equitable access to social and public spaces, including burial grounds.

(4)     The State Government shall create institutional and infrastructure facilities, including but not limited to, rehabilitation centre referred to in sub-section (3) of section 12 of the Act, separate human immuno deficiency virus sero-surveillance centers, separate wards in hospitals and washrooms in the establishment, within two years from the date of coming into force of these rules to protect the rights of transgender persons.

(5)     The State Government shall carry out an awareness campaign to educate, communicate and train transgender persons to avail themselves of the benefits of welfare schemes, educate and train transgender persons on their rights, eradicate stigma and discrimination against transgender persons and mitigate its effects.

(6)     The State Government shall also provide for sensitization of teachers and faculty in schools and colleges under their purview, such as-

(a)      Changes in the educational curriculum foster respect for equality and gender diversity;

(b)      Sensitization of health care professionals,

(c)      Changes in the curriculum for medical education; and

(d)      Sensitization programmes in workplaces.

(7)     All educational institutions shall have a committee where the transgender persons may approach in case of any harassment or discrimination, with powers to ensure that transgender students do not have to be affected by the presence of the persons bullying them, including teachers.

(8)     The State Government shall create institutional and infrastructure facilities, including but not limited to, temporary shelters, short-stay homes and accommodation, choice of male, female or separate wards in hospitals and washrooms in the establishment within two years from the date of coming into force of these rules to protect the rights of transgender persons.

(9)     A State Transgender Welfare Board and District Transgender Welfare Board shall be constituted for the purpose of the schemes and welfare measures made by the State Government.

(a)      The State Transgender Welfare Board.-

(i)           The State Transgender Welfare Board shall be constituted as follows:-

(ii)         The meetings of the State Level Transgender welfare Board shall be held twice in a year and one third of the members shall make the quorum of the meeting.

(b)      The District Transgender Welfare Board.-

(i)           The District Transgender Welfare Board shall be constituted as follows:-

(ii)         The meetings of the District level Transgender Welfare Board meetings shall be held four times in a year. The quorum of the meeting shall be one third.

The details of the action taken in the meeting shall be sent to the State Government / Directorate, Social Justice and Disabled Welfare Department.

Rule - 11. Provisions against non-discrimination.

(1)     The State Government shall make adequate measures to prohibit discrimination in Government or private organisation or establishment including in the areas of which includes the field of education, employment, healthcare, public transportation and participation in public life, sports, leisure and recreation and opportunity to hold public or private office.

(2)     The State government shall within two years from the date of coming into force of these rules formulate a comprehensive policy on the measures and procedures necessary to protect transgender persons in accordance with, the provisions of the Act.

(3)     The policy formulated under sub-section (2) shall include precautionary and preventative administrative measures and police to help and protect vulnerable transgender communities.

(4)     The State Government shall be responsible for the supervision of timely prosecution of individuals charged under section 18 of the Act.

(5)     State Government shall set up a Transgender Protection Cell under the charge of the District Magistrate and Director General of Police to monitor cases of offences against transgender persons and to ensure timely registration, investigation and prosecution of cases under section 18 of the Act.

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 alia, 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)      Maintaining secrecy of identity of employees gender;

(d)      Details of the complaint officers.

Rule - 13. Grievance redressal.

(1)     It shall be ensured by the State Government that every establishment designates a complaint officer in accordance with rule 11 within thirty days from the date of coming into force of 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 such cases where action has not been taken in accordance with the above time limits.

(4)     The State Government shall also establish a grievance redressal mechanism within one year, which shall operate through helpline and outreach centers, for ensuring proper implementation of the provisions of Chapter V of the Act with special reference to subsections (1) and (2) of section 12 of the Act.

(5)     The grievance redressal system shall resolve the grievances within thirty days from the date of bringing of such grievance to the helpline, and shall be competent to impose penalties as laid down in section 18 of the Act.

Rule - 14. National Council.

(1)     The National Council shall be responsible for coordination with the National Council on matters of monitoring, review and evaluation of transgender welfares and protection of rights at the State and local levels.

(2)     National Institute of Social Defence shall act as the secretariat in the National Council to facilitate the discharge of its functions.

Form – 1

[See rules 2(d), 3(1) and 6(1)]

Application form for issuance of transgender Certificate of Identity

* Strike out whichever is not applicable)

To,

The District Magistrate,

District...................

Madhya Pradesh

Subject: Application for issuance of a transgender Certificate of Identity

Enclosed: documents as mentioned in the application

Declaration

(1)     I declare that the particulars furnished by me are true and correct.

(2)     Information provided in this application will be treated as confidential and shall not be shared with any person or organization except the Central and / or State security agencies or any other agency as provided by Law; and for statistical and policy framing purposes.

Place:

Date:

Signature or left hand thumb impression of the applicants name of the applicant

Form – 2

[See rules 2(b) and 4(1)]

Format of affidavit on Non-judicial stamp paper of Rs.lO/- to be submitted by a person applying for certificate of identity

Civil, District ..................Madhya Pradesh

I, ......................................(Name), son/daughter/ward/spouse of ............................................... (name of the parent/ guardian / husband), ...... age (in completed years), residing at ................................... (address), (Tehsil), (District), (State) (Pin code) do hereby solemnly affirm and declare as under:

(1)     I am a resident of the above mentioned address and residing there continuously for the past 12 months.

(2)     I perceive myself as a transgender person whose gender does not match with the gender assigned at birth.

(3)     I declare myself as a transgender.

(4)     I am executing this affidavit to be submitted to the District Magistrate for issuance of certificate of identity as transgender person under Section 6 of the Transgender Persons (Protection of Rights) Act, 2019 under Rule Transgender Persons (Protection of Rights) Rules, 2021.

* strike out whichever is not applicable.

Deponent

(Signature of the Applicant)

Verification

I, (Name), hereby state that whatever is stated here in above at serial numbers 1 to 4 are true to the best of my knowledge.

Deponent

(Signature of the Applicant)

Tehsil

Date

Identified by me Before Me

Advocate Notary

Public

Form – 3

[See rules 2(e) and 5(1)]

Certificate of Identity

Government of Madhya Pradesh

Office of the District Magistrate.........

Photograph of the certificate holder District Magistrate to attest the photograph

(1)     On the basis of the application dated.................... (dd/mm/yyyy) to the undersigned, it is certified that Shri /Smt / Ms .......................(name) son/ daughter / ward of Shri/ Smt.................... (Name of the parent or Guardian) of resident of ........................ (Complete residential address of the applicant) is a transgender person.

(2)     His / her birth name is............................

(3)     This certificate is issued in terms of the provisions contained under rule 5 of Transgender Persons (Protection of Rights) Rules, 2021 read with section 6 of the Transgender Persons (Protection of Rights) Act, 2019.

(4)     It is also certified that Shri / Smt/Km/Ms. ............................is ordinarily a resident at the address given above.

(5)     This certificate entitles the holder to change name and gender in all official documents of the holder.

Date _______

Place _______

Signature of the District Magistrate: Seal

Form – 4

[See rules 2(e) and 7(1)]

Certificate of Identity to Transgender undergone medical treatment for change of gender

Certificate of Identity

Government of Madhya Pradesh

Office of the District Magistrate ................

Photograph of the certificate holder District Magistrate to attest the photograph

(1)     On the basis of the application submitted to the undersigned along with a medical certificate from the Medical Superintendent or Chief Medical Officer (name of the Hospital and complete address), it is to certify that Shri / Smt/ Km/ Ms....................................................... (name) son/ daughter / ward of Shri/ Smt.................................. ... (name of the parent or Guardian) resident of ............... ..................... (complete residential address of the applicant) has undergone medical intervention to change gender.

(2)     His/ Her birth name is..................................................

(3)     This certificate is issued in terms of the provisions contained under rule 6 of the Transgender Persons (Protection of Rights) Rules, 2021 read with section 7 of the Transgender Persons (Protection of Rights) Act, 2019.

(4)     It is also certified that Shri / Smt/ Km/ Ms......................... is ordinarily a resident at the address given above.

(5)     This certificate entitles the holder to change name and gender in all official documents of the holder.

(6)     Such change in name and gender and the issue of This certificate shall not adversely affect the rights and entitlements of the holder of this certificate.

Date-----------------

Place------------------

Signature of the District Magistrate:

seal

Form – 5

[See rules 2(g) and 5(4)]

Identity Card

Front side of identity card

Government of Madhya Pradesh Office of the District Magistrate........

Photograph of the Card holder

Identity Card

Identity card number......................................

Name............................................................

Mothers name @..............................................

Fathers or Guardians name @........................

Gender Transgender

Date of birth dd/mm/yyyy

or

Age as on the date of application for issue of Identity Card :.........years

Reference number of certificate of authority on the basis of which this card is issued :.................

@ only in case of a minor child Name

Back side of the identity card

Present address---------------------

Permanent address--------------------

Card issue date---------------------

Signature of the issuing authority ----------------------

Designation----------------------------

Seal of the issuing authority

Form – 6

[See rules 2(g) and 7(4)]

Identity Card

Front side of identity card

Government of Madhya Pradesh Office of the District Magistrate.........

Photograph of the Card holder

Identity Card

Identity card number.....................................

Name............................................................

Mothers name @.............................................

Fathers or Guardians name @........................

Gender Transgender

Date of birth dd/mm/yyyy

or

Age as on the date of application for issue of Identity Card :-----years

Reference number of certificate of authority on the basis of which this card is issued :...............

@ only in case of a minor child Name

Back side of the identity card

Present address---------------------

Permanent address--------------------

Card issue date---------------------

Signature of the issuing authority Designation----------------------------

Seal of the issuing authority

Annexure- 1

Illustrative list of official documents referred to in

Annexure – II

Suggested list of welfare schemes to be considered:

(1)     Access to health

(a)      At least 1 government hospital in every State shall be equipped to offer safe and free gender affirming surgery, counseling and hormone replacement therapy to the transgender community, including all MTF and FTM procedures.

(b)      State medical insurance shall cover procedures of SRS, hormonal therapy, laser therapy, counseling and other health issues of transgender persons at private hospitals

(c)      medical insurance/arogyashri cards.

(d)      All healthcare facilities should ensure that there are separate wards for transgender persons.

(2)     Access to education

(a)      Scholarship for transgender students.

(b)      Inclusive and equitable quality education in schools LhaL fosters respect for equality and gender diversity.

(c)      Protection against ragging in the educational institutions with provisions for grievance redressal.

(d)      Facilitation of accommodation and schooling for transgender, gender non conforming and intersex children in residential government schools and universities.

(3)     Access to housing

(a)      Affordable housing.

(b)      Shelters and community centres for aL risk transgender youth that provide nutritious food and counseling.

(c)      Access to sanitation facilities and safe drinking water.

(4)     Welfare measures

(a)      Universal access to Food security schemes and provision of ration cards.

(b)      Pension for aged, disabled or other vulnerable transgender persons.

(c)      Old age and retirement homes for transgender persons facing housing exclusion.

(d)      Public transport to have harassment-free zones for transgender persons.

(5)     Economic support

(1)     Universal coverage of Life Insurance.

(2)     Access to banking and financial services including loans

(3)     Explicit inclusion of transgender persons in employment guarantee schemes such as MNREGA and all social security schemes.

(4)     Formation into self help groups for livelihood activities.

(5)     Provisions of zero-interest and other micro-finance schemes.