Equal Opportunity Policy for the Transgenders

Context

The Ministry of Social Justice and Empowerment (MoSJE) has recently issued the “Equal Opportunities Policy for Transgender Persons” in an effort to ensure that those who are transgender can receive fair treatment.

The Policy’s Main Objectives

• This policy is in accordance with the 2020 transgender persons (protection of rights) rules in order to eliminate discrimination, foster equal opportunities, and create an environment that respects the rights and dignity of transgender individuals at a workplace.
• The policy aims to create an environment that guarantees the fair treatment of transgender individuals, free from discrimination, harassment and bias, but instead sets up a robust grievance redressal mechanism.

More specifics about the policy

• This policy seeks to guarantee the following in order to benefit transgenders:
• Every transgender employee will receive using their pronouns, desired name, and gender in all the company communication.
• No Transgender will be refused employment, appointment, promotion, profession or training opportunities or have their service terminated for any grounds related to gender.
•  Information that has to do with sexuality must be exceedingly confidential.
• Structures (e.g. unisex toilets) and services (e.g. sanitary products) are to be given to transgender beneficiaries.
• Under this policy, MoSJE will hold frequent training programs for employees to raise awareness about transgender issues and understanding among them.

Grievance Redressal Mechanism under policy

• The head of the office will designate a complaint officer who ideally would be at a higher rank and report to the head of office in this capacity.
•  Any employee who feels they have been harassed or discriminated against based on gender identity in any way is invited to submit their complaint through the Complaint officer, who will then forward such reports to the Grievance Redressal Committee of the academy.
• We will handle all reports and observations made if entrusted in accordance with the strictest confidence. To address allegations made, the committee must begin an independent and thorough investigation immediately.
• Following the completion of that investigation, appropriate remedial measures wherever needed should be taken.
• But this might mean counselling, training, disciplinary action, or other necessary steps intended to rectify the situation.

Responsibilities of the ministries as outlined in the policy

• All Ministry employees are accountable for carrying out this policy and must foster the sense of equality in their aides through respect, care, compassion, and above all else, dignity.
• It is up to the administration section to see that this policy is carried out, that related programs are implemented, and to report progress as well as findings back to the higher management.
• Any employee who violates this policy, or in any way treats any person differently from others and thereby causes them annoyance or distress is deemed by the Labour Code to have breached the organisation’s code of conduct. Depending on the nature and seriousness of this case, appropriate action will be taken including action under this policy or any other action which management may consider suitable.
• Overall responsibility for upholding and promoting the effective operation of this policy rests with the Head of each Department.

Mandatory Compliance with the Policy

• The policy will be available to every employee through the Ministry’s official website.
• All employees are expected to adhere to the letter as well as the spirit of this policy. Failure to do so may lead to disciplinary action up to and including termination.

Conclusion

The Ministry of Social Justice and Empowerment initiated the Equal Opportunities Policy for Transgender Persons and aimed at establishing a bias free and non-discriminatory work environment. Through a mechanism for solution of complaints, commissioning equal treatment and strict protection of confidentiality, the policy promotes inclusiveness and respect for transgendered individuals.

Source: The Economic Times

UPSC Mains Practice Question

Q.What are the problems faced by the Transgender community in India ? How far will the recent policy be able to remove indiscrimination with transgenders? Justify your views on the Government’s action over it.

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