India’s Journey Towards Inclusive Employment: The Transgender Person’s Act

Recognition of the transgender population of India was achieved after the census of 2011. For the first time, the male and female bifurcation was adjusted to include another identification, the “Others.” Although these codes weren’t perfect, they were a step in the right direction. In 2011, these codes recorded 487,803 individuals who did not identify as male or female. This ultimately created space for the Transgender Person’s Act.

Inclusive employment is essential for employees. Being treated equally in professional settings is a human right. For years, the transgender population has been denied jobs simply due to a lack of recognition. This act aims to change that.

How Does the Transgender Person’s Act Define Transgender Persons?

The act defines a transgender person as someone whose gender does not align with the one they were assigned at birth. This includes people who identify as a different gender or opted for sex reassignment surgery. In India, this also includes socio-cultural identities such as hijra, jogta, kinner etc.

In the 2011 census conducted in India, it was revealed that about 487,803 people identified as transgender persons. Of these, around 92% aren’t allowed to pursue employment opportunities despite their qualifications. This is an alarming percentage.

Towards Inclusive Employment: The Transgender Person’s Act

The Transgender Person’s (Protection of Rights) Act of 2019 set out to fight against the prejudice faced by the transgender population and push for more inclusivity. It included the following provisions;

  1. Transgendered persons will not face discrimination in educational institutions, employment, healthcare services, etc.
  2. Transgendered persons will be recognized as per their self-perceived gender identity.
  3. Transgendered persons will be allowed a Right of Residence with parents or other immediate family members.
  4. A provision was introduced to formulate welfare schemes and programs for the educational, social, and health-related upliftment of transgendered persons.
  5. A provision was introduced to provide a national council for transgender persons for active involvement in decisions that impacted their rights.

Inclusive Employment

Inclusive employment can only be achieved through education and acceptance of transgender rights. The abovementioned provisions paved the way for many developments that eventually gave transgendered persons a place in the economy. However, implementation depends on employers.

It is essential to develop a legal framework that guards the rights of transgendered persons within your organization. This can be achieved through penalties for violations. Discrimination in the workplace can only be eradicated one employee at a time.

It is also essential to provide transgender workers with an equal opportunity for work, promotion, and training, allowing them to gain an equal footing in the workplace. Any discrimination should be punished, and measures should be set to help the marginalized gain momentum in the corporate space. For more information regarding global compliance and international employment laws, visit Global People Strategist and schedule a demo to see how our platform and tools can support your business.


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