Govt tweaks law to ensure work equality for transgenders
In the Factories Amendment Bill 2015, the labour ministry has introduced a completely new section called Section 66A on employing transgender persons
New Delhi: The Union government is making changes in the labour law to ensure “equality and dignity of work” for transgenders in Indian factories.
In the Factories Amendment Bill 2015, the labour ministry has introduced a new section called section 66A on employing transgender persons, which is expected to be tabled in the coming winter session of Parliament.
The move is being seen as part of the growing acceptance of the transgender community in work and study areas. The Indian Institutes of Management (IIMs) and Delhi University have made enabling provisions for the community in the admission process.
The draft Factories Amendment Bill, a copy of which has been reviewed by Mint, underlines that “every transgender…shall have equal rights to work opportunities in a factory”.
It also underlines respect for their inherent dignity, and prohibits discrimination at work.
“The labour reforms are being made keeping in mind the new realities—from both industries and people’s point of view. While promoting ease of doing business, ease of different communities in workplace cannot be ignored,” a labour ministry official said on condition of anonymity.
The provisions of the draft law also seek “full and effective participation and inclusion in society” and “respect for difference and acceptance of transgender persons as part of human diversity and humanity”.
In the same section, the ministry has made similar provisions for disabled workers. It also asks states to make rules to secure the rights of transgender and disabled workers.
Last year, the IIMs made provisions for giving equal rights to transgenders.
As many as 80 applicants from the transgender community are appearing for the Common Admission Test (CAT) scheduled on 29 November seeking admission to the elite B-Schools of India.
Similarly, Delhi University this year added a section for the sexual minorities in the postgraduate admission process.
Earlier this year, the University Grants Commission (UGC), the apex university regulator of India, too, sought affirmative action from higher educational institutions in favour of the transgender community.
Opening doors to sexual minorities in education and employment will go a long way in assimilating them into the mainstream. The move seems to have been influenced by a Supreme Court judgement in which it recognized these people as the “third gender”.
In April 2014, the Supreme Court created the “third gender” status for transgenders, asking the government to treat transgenders as an economically and socially backward community and directed it to allow them admission in educational institutions and offer employment opportunities.
“Government coming forward to facilitate employment opportunity for transgenders is positive. But the real change in factories and overall workplace will change when co-workers become sensitive to issues,” said Kalki Subramaniam, an activist working for the community.
As per Census 2011, India is home to 487,803 transgenders of whom 110,000 are from Scheduled Castes and Scheduled Tribes.
Activists say that the real number may be larger, given that most transgenders are reluctant to identify themselves as members of the third gender, given the stigma perceived to be attached to the label.
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First Published:26 Oct 2015, 11:56 PM IST
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