Gender self-identification and the law in India
What is gender self-identification?
- Self-identification, or ‘self-id’, is the concept that a person should be allowed to legally identify with the gender of their choice by simply declaring so, and without facing any medical tests.
- This has been a long held demand of trans-right groups around the world, including in India, as prejudice against trans people remains rampant.
What is the process for declaring one’s desired sex in India?
- In India, the rights of transgender persons are governed by the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
- Under the Rules, an application to declare gender is to be made to the District Magistrate. Parents can also make an application on behalf of their child.
- A much-criticised previous draft of regulations required transgender persons to go through a medical examination for declaring their desired sex.
- This requirement was omitted in the final Rules, which state that the District Magistrate will subject to the correctness of the applicant’s particulars, get the application processed based on the affidavit submitted declaring the gender identity of any person, without any medical or physical examination.
- As per the Rules, state governments have also been directed to constitute welfare boards for transgender persons to protect their rights and interests, and facilitate access to schemes and welfare measures framed by the Centre.
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