Nirma University

Institute of Law

(Semester 8th, B.COM L.L.B)

Continuous Evaluation 1

Subject: Interpretation of Statute

Prepared & Submitted By

Atharv Shanker Dubey 20BBL075

Interpretation of

The Transgender Person (Protection of Rights) Act, 2019

Interpretation Clauses.
Section 2(b), “Establishment”: -
“establishment” means—

(i) any body or authority established by or under a Central Act or a State Act or an
authority or a body owned or controlled or aided by the Government or a local
authority, or a Government company as defined in section 2 of the Companies Act,
2013 (18 of 2013), and includes a Department of the Government; or
(ii) (ii) any company or body corporate or association or body of individuals, firm,
cooperative or other society, association, trust, agency, institution;

Section 2(c), “Family”: -

“family” means a group of people related by blood or marriage or by adoption made in
accordance with law;

Section 9, “Non-Discrimination in Employment”: -

Non-discrimination in employment.—

No establishment shall discriminate against any transgender person in any matter relating to
employment including, but not limited to, recruitment, promotion and other related issues. 10.
Obligations of establishment

Section 18, “Offences and Penalties”: -

Offences and penalties.—Whoever,—

(a) compels or entices a transgender person to indulge in the act of forced or bonded labour
other than any compulsory service for public purposes imposed by Government;

(b) denies a transgender person the right of passage to a public place or obstructs such person
from using or having access to a public place to which other members have access to or a right
to use;

(c) forces or causes a transgender person to leave household, village or other place of residence;
and

(d) harms or injures or endangers the life, safety, health or well-being, whether mental or
physical, of a transgender person or tends to do acts including causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment
for a term which shall not be less than six months but which may extend to two years and with
fine.
Break Down of the Provisions: -
Section 2(b), “Establishment”: -
This provision defines the term "establishment" and outlines its scope:

 An establishment refers to any body or authority that is created by or under a Central Act
or a State Act. It also includes bodies or authorities that are owned, controlled, or
financially supported by the government or a local authority. Additionally, it encompasses
government companies as defined in section 2 of the Companies Act, 2013. This
definition further extends to include departments of the government.
 The term "establishment" also encompasses other entities such as companies, body
corporates, associations, groups of individuals, firms, cooperatives, societies, trusts,
agencies, or institutions.

In essence, the term "establishment" encompasses a wide range of entities, including those
directly created or controlled by government bodies, as well as various other forms of
organizations and associations.

Section 2(c), “Family”: -

This provision defines the term "Family":

1. Family: The term being defined is "family." It's a fundamental unit in a society consisting
of individuals who share common ties and relationships.
2. Group of people: This clarifies that a family is composed of multiple individuals, not
just one.
3. Related by blood or marriage or by adoption made in accordance with law:
a. Related by blood: This refers to individuals who share genetic connections, such
as parents, siblings, grandparents, etc.
b. Related by marriage: This includes individuals who are legally joined through
marriage, such as spouses or in-laws.
c. Adoption made in accordance with law: This expands the definition to include
individuals who have been legally adopted into the family. It emphasizes that the
adoption process must adhere to legal procedures and regulations to be recognized
as a legitimate family relationship.

Section 9, “Non-Discrimination in Employment”: -

This provision is stating that it is illegal for any establishment to discriminate against transgender
individuals in any aspect related to employment. Here's a breakdown:

1. Non-discrimination: This means that establishments cannot treat transgender individuals

unfairly or differently from others solely because of their transgender status.
 2. Employment Matters: This provision covers all aspects of employment, including
recruitment (hiring), promotion, and any other related issues. This means that from the
initial hiring process to advancement within the company, transgender individuals must
be treated equally and without prejudice.
3. No Limitations: The provision explicitly states that the protection against discrimination
isn't limited to just these examples (recruitment and promotion). It extends to any aspect
of employment, ensuring comprehensive protection against discrimination for
transgender individuals in the workplace.

Chinder Pal Singh vs. The Chief Secretary and Ors. (25.05.2023 - RAJHC) :
MANU/RH/0646/2023

14.2. Similarly, Chapters IV and V of the Act of 2019 deals with Welfare Measures and
Obligation of Government authority to effectively implement the provisions of this Act. Sections 8
to 11 are reproduced as under :-

8. Obligation of appropriate Government."(1) The appropriate Government shall take steps to

secure full and effective participation of transgender persons and their inclusion in society.

(2) The appropriate Government shall take such welfare measures as may be prescribed to
protect the rights and interests of transgender persons, and facilitate their access to welfare
schemes framed by that Government.

(3) The appropriate Government shall formulate welfare schemes and programmes which are
transgender sensitive, non-stigmatising and non-discriminatory.

(4) The appropriate Government shall take steps for the rescue, protection and rehabilitation of
transgender persons to address the needs of such persons.

(5) The appropriate Government shall take appropriate measures to promote and protect the
right of transgender persons to participate in cultural and recreational activities.

9. Non-discrimination in employment. "No establishment shall discriminate against any

transgender person in any matter relating to employment including, but not limited to,
recruitment, promotion and other related issues.

10. Obligations of establishments. "Every establishment shall ensure compliance with the
provisions of this Act and provide such facilities to transgender persons as may be prescribed.

11. Grievance redressal mechanism. " Every establishment shall designate a person to be a
complaint officer to deal with the complaints relating to violation of the provisions of this Act."
Section 18, “Offences and Penalties”: -
This provision outlines offenses and penalties related to the mistreatment of transgender
individuals. Here's a breakdown:

Forced or Bonded Labor (a): It is illegal to compel or entice a transgender person to engage in
forced or bonded labor, except in cases of compulsory service for public purposes imposed by
the government. This provision protects transgender individuals from exploitation and slavery-
like conditions.

Denial of Access (b): It is prohibited to deny a transgender person the right to enter or use public
places that are accessible to other members of the public. This includes obstructing their access
or usage of such places solely based on their transgender identity.

Forced Displacement (c): It is unlawful to force or cause a transgender person to leave their
household, village, or any other place of residence against their will. This protects transgender
individuals from being forcibly evicted or ostracized from their communities.

Harm or Endangerment (d): Any actions that harm, injure, or endanger the life, safety, health,
or well-being (both mental and physical) of a transgender person are punishable offenses. This
includes physical abuse, sexual abuse, verbal and emotional abuse, as well as economic abuse.

Penalties: Those found guilty of committing these offenses can face imprisonment for a term not
less than six months but which may extend to two years, along with a fine.

Ambiguity in the Provisions: -

Section 2(b), “Establishment”: -
While the provision provides a definition for the term "establishment," there are still some
ambiguities present:

1. Scope of Government Control: The provision mentions establishments owned,

controlled, or aided by the government or a local authority. It's unclear what level of
control or aid constitutes being under government control. This ambiguity could lead to
confusion about whether certain organizations fall under this definition.
2. Inclusion of Various Entities: The provision includes a wide range of entities under the
definition of "establishment," such as companies, associations, trusts, agencies,
institutions, etc. It's not explicitly stated how these various entities are distinguished or
what criteria determine whether they fall under this definition. This lack of clarity could
result in uncertainty about which organizations are covered by the provision.
3. Exclusion of Specific Entities: While the provision lists several types of entities that are
considered establishments, it does not provide an exhaustive list. This leaves room for
 interpretation as to whether certain types of entities not explicitly mentioned are included
or excluded from the definition.
4. Application to International Entities: The provision focuses on entities within the
jurisdiction governed by Central or State Acts. It's unclear how it applies to
establishments operating internationally or those with international affiliations. This
ambiguity could lead to uncertainty about the extraterritorial application of the provision.

Section 2(c), “Family”: -

While this provision attempts to define the term "family," there are still ambiguities present:

1. Definition of "Related by Blood or Marriage": The provision mentions that a family

consists of individuals related by blood or marriage. However, it doesn't clarify the extent
of this relationship. For example, it doesn't specify how distant the blood relation can be
or whether marriage includes legal unions beyond traditional marriages.
2. Adoption Made in Accordance with Law: While the provision includes adoption as a
basis for forming a family, it specifies that it must be made in accordance with the law.
This raises questions about which laws govern the adoption process and what criteria
must be met for an adoption to be considered valid. Additionally, it doesn't specify
whether international adoptions are included or if they must comply with the laws of the
jurisdiction where the adoption takes place.
3. Exclusion of Other Forms of Family: The provision limits the definition of family to
those related by blood, marriage, or adoption. This excludes other forms of familial
relationships, such as those formed through civil partnerships, cohabitation, or chosen
families. The ambiguity arises from the lack of recognition for these alternative family
structures.
4. Interpretation of "Group of People": The provision states that a family is a "group of
people." However, it doesn't specify the minimum or maximum number of individuals
required to constitute a family. This ambiguity leaves room for interpretation regarding
the size and composition of a family group.

Section 9, “Non-Discrimination in Employment”: -

The provision you've provided lacks completeness, which introduces ambiguities:

1. Incomplete Scope: The provision starts by stating that no establishment shall

discriminate against any transgender person in any matter relating to employment, but it
doesn't specify the extent or range of matters covered. Without clarity on what constitutes
"matters relating to employment," there could be confusion about the full scope of
protection provided.
2. Lack of Definition: The provision doesn't define what constitutes discrimination.
Discrimination can take various forms, including direct discrimination, indirect
 discrimination, harassment, and victimization. Without a clear definition, there might be
uncertainty about what actions or behaviors are considered discriminatory.
3. Absence of Enforcement Mechanisms: While the provision prohibits discrimination, it
doesn't outline the enforcement mechanisms or penalties for non-compliance. Without
clear consequences for establishments that violate this provision, there may be little
incentive for compliance, and transgender individuals might not have effective recourse if
discrimination occurs.

Section 18, “Offences and Penalties”: -

In my opinion, this particular provision does not contain any ambiguities.

Protocol.
Applying Plain Meaning Rule: -
Section 2(b), “Establishment”: -
This clause, using the plain meaning rule, outlines two main categories to define the term
"establishment":

1. Entities Governed by Legislation: This includes bodies or authorities established under

Central or State Acts, as well as those owned, controlled, or assisted by government or
local authorities. It also encompasses government companies as defined in the Companies
Act of 2013, along with government departments.
2. Diverse Range of Entities: The second category covers a broad spectrum of
organizations, such as companies, associations, partnerships, cooperatives, trusts,
agencies, and institutions. This category extends beyond entities directly regulated by
government laws.

In summary, the clause seeks to provide a comprehensive definition of "establishment" by

including both governmental bodies and a wide variety of private and non-governmental entities.

Supriyo and Ors. vs. Union of India (UOI) (17.10.2023 - SC) : MANU/SC/1155/2023

“267. The prefatory portion of Section 3 states that "no person or establishment" shall
discriminate against a transgender person. 'Establishment' is defined as any body or authority
established by or under a Central Act or a State Act or an authority or body owned or controlled
or aided by the Government or a local authority or a Government company188 and includes a
Department of the Government.189 An establishment also means any company or body
corporate or association or body of individuals, firm, cooperative or other society, association,
trust, agency, or institution.190 'Establishment' therefore includes any public or private entity,
authority, or body, including any 'body of individuals'. Individuals are, of course, covered by the
word 'person'.”

Section 2(c), “Family”: -

Interpreting this clause using the plain meaning rule.
It defines the term "family" as a collective of individuals connected either by blood relations,
marriage, or through legally recognized adoptions. This definition implies that a family
comprises individuals who are biologically related, legally married, or have undergone a formal
adoption process sanctioned by law.

Section 9, “Non-Discrimination in Employment”: -

Using the plain meaning rule, this clause straightforwardly states that no establishment is
permitted to discriminate against transgender individuals in any aspect related to employment. It
encompasses various employment-related matters such as recruitment, promotion, and any other
issues directly linked to employment. The provision explicitly prohibits discrimination based on
gender identity in these areas, emphasizing equal treatment and opportunity for transgender
individuals in the workplace.

Section 18, “Offences and Penalties”: -

Using the plain meaning rule, this clause outlines offenses and corresponding penalties related to
mistreatment of transgender individuals:

a. If someone forces or persuades a transgender individual to engage in forced or bonded

labor, except for compulsory public service imposed by the government, they are liable
for punishment.
b. If someone denies a transgender person access to a public place or obstructs their passage
to such places, they are subject to punishment.
c. If someone compels a transgender individual to leave their household, village, or any
other place of residence against their will, they can be punished.
d. Anyone who harms, injures, or endangers the life, safety, health, or well-being (both
mental and physical) of a transgender person, or engages in acts of physical abuse, sexual
abuse, verbal and emotional abuse, or economic abuse against them, is punishable by
imprisonment for a period not less than six months, extending up to two years, along with
a fine.

In summary, this provision delineates actions that are considered offenses against transgender
individuals and specifies the corresponding penalties.

Kabeer C. vs. State of Kerala and Ors. (17.11.2021 - KERHC) : MANU/KE/3231/2021

“The act lays down various penalties for the offences against the transgender persons.
Whoever,--
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour
other than any compulsory service for public purposes imposed by Government;

(b) denies a transgender person the right of passage to a public place or obstructs such person
from using or having access to a public place to which other members have access to or a right
to use;

(c) forces or causes a transgender person to leave household, village or other place of residence;
and

(d) harms or injures or endangers the life, safety, health or well-being, whether mental or
physical, of a transgender person or tends to do acts including causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment
for a term which shall not be less than six months but which may extend to two years and with
fine.9”

Legislative Intent.
Section 2(b), “Establishment”: -
The legislative aim of this provision is to offer a broad and inclusive definition of
"establishment" within the context of the law. It delineates two main categories: the first includes
entities established or regulated by government legislation, such as government-owned or
influenced bodies and departments; the second encompasses a diverse range of private and non-
governmental entities. This comprehensive definition ensures clarity and consistency in
interpreting and applying the term across different scenarios covered by the legislation.

Section 2(c), “Family”: -

The legislative purpose behind this provision is to offer a clear definition of "family" within the
scope of the law. It aims to recognize and encompass various types of familial connections,
including those based on blood relations, marriage, and legally sanctioned adoptions. By
emphasizing the necessity for adoptions to comply with legal procedures, the provision ensures
the protection of all parties involved. Ultimately, it seeks to promote inclusivity and respect for
diverse family structures while providing clarity for legal interpretation.

Section 9, “Non-Discrimination in Employment”: -

The legislative intent behind this provision is to prohibit discrimination against transgender
individuals in all aspects of employment. By mandating that no establishment can discriminate
against transgender persons in any employment-related matters, such as recruitment and
promotion, the legislation seeks to ensure equal opportunities and fair treatment in the
workplace. This provision aims to protect the rights of transgender individuals and promote
inclusivity and diversity in the workforce. It emphasizes the importance of creating an
environment free from discrimination based on gender identity, thereby fostering a more
equitable and inclusive society. Overall, the legislative intent is to promote equality and combat
discrimination against transgender individuals in employment settings.

Section 18, “Offences and Penalties”: -

The legislative intent behind this provision is to establish clear and stringent penalties for
offenses committed against transgender individuals. By enumerating specific actions deemed
punishable, such as compelling transgender persons into forced labor, denying them access to
public places, coercing them to leave their residences, or causing them harm, the legislation aims
to protect the rights and well-being of transgender individuals.

This provision underscores the gravity of these offenses by imposing imprisonment for a term of
no less than six months and up to two years, along with fines. The severity of the penalties
reflects the legislature's commitment to deterring discrimination, harassment, and violence
against transgender persons.

Overall, the legislative intent is to promote the safety, dignity, and equality of transgender
individuals by holding offenders accountable for their actions and providing a deterrent against
future transgressions.

Purpose.
Section 2(b), “Establishment”: -
The purpose of this provision is to provide a comprehensive definition of the term
"establishment" within the context of the legislation. By offering clarity and specificity in
defining what constitutes an establishment, the provision aims to ensure consistency and
accuracy in the application of the law across various scenarios.

The inclusion of diverse entities under the definition, ranging from governmental bodies and
departments to private companies, associations, and institutions, reflects the intent to encompass
a wide spectrum of organizational structures. This breadth ensures that the legislation applies
equitably to both public and private sectors, as well as to various forms of associations and
entities.

Overall, the purpose of this provision is to establish a clear and inclusive definition of
"establishment," facilitating the effective implementation and enforcement of the legislation
while promoting fairness and transparency in its application.
Section 2(c), “Family”: -
This provision aims to define "family" within the legal framework, recognizing blood, marital,
and legally sanctioned adoptive relationships. It promotes inclusivity and equal recognition of
diverse family structures while ensuring clarity for legal interpretation and application.

Section 9, “Non-Discrimination in Employment”: -

This provision aims to prevent discrimination against transgender individuals in all aspects of
employment. By prohibiting establishments from discriminating based on gender identity in
employment matters such as recruitment and promotion, the provision seeks to ensure equal
opportunities and fair treatment in the workplace. Its purpose is to protect the rights of
transgender individuals and promote inclusivity and diversity in employment settings, fostering a
more equitable and inclusive society.

Section 18, “Offences and Penalties”: -

This provision aims to impose strict penalties for offenses against transgender individuals. By
outlining punishable actions such as forced labor, denial of access to public places, coercion to
leave residences, or causing harm, it seeks to safeguard the rights and well-being of transgender
individuals. The provision's severe penalties reflect the legislature's commitment to deterring
discrimination, harassment, and violence. Overall, its purpose is to promote the safety, dignity,
and equality of transgender individuals by holding offenders accountable and deterring future
transgressions.

Policy.
Section 2(b), “Establishment”: -
The term "establishment" within this provision is defined with flexibility to adapt to evolving
societal structures and organizational forms. By encompassing entities established under
governmental authority or control, as well as private enterprises and associations, the provision
acknowledges the changing landscape of governance and commerce.

Furthermore, the inclusion of entities aided or controlled by the government reflects a

recognition of the varied ways in which public and private sectors interact and collaborate. This
interpretation allows for the incorporation of emerging forms of governance, such as public-
private partnerships, into the definition of "establishment."

Moreover, the broad scope of entities covered under the definition, including companies,
associations, cooperatives, and institutions, accommodates the diversity of organizational
structures prevalent in modern society. This dynamic interpretation ensures that the provision
remains relevant and applicable to a wide range of entities, regardless of their specific legal or
organizational status.
Section 2(c), “Family”: -
The term "family" within this provision is interpreted dynamically to reflect the evolving
understanding of familial relationships in society. While traditionally defined by blood ties or
marriage, this interpretation acknowledges the changing landscape of family structures. It
embraces legal adoptions as a legitimate means of forming familial bonds, aligning with
contemporary notions of inclusivity and diversity.

Furthermore, this interpretation recognizes that families come in various forms beyond
traditional definitions, such as blended families, chosen families, or LGBTQ+ families. It
emphasizes the importance of legal recognition and protection for all types of family units,
irrespective of their composition.

Section 9, “Non-Discrimination in Employment”: -

The provision prohibiting discrimination in employment against transgender individuals is
interpreted dynamically to adapt to evolving societal attitudes and understanding of gender
identity. While traditionally focused on preventing discrimination based on binary notions of
gender, this interpretation recognizes the need for inclusivity and protection for transgender
individuals.

In a dynamic interpretation, the provision encompasses not only direct discrimination but also
indirect forms of discrimination, such as microaggressions or systemic biases. It acknowledges
the importance of creating an inclusive work environment where transgender individuals feel
respected and valued.

Furthermore, this interpretation extends beyond traditional employment matters like recruitment
and promotion to include all aspects of the employment relationship. This includes ensuring
equal access to benefits, training opportunities, and workplace accommodations, recognizing the
holistic nature of workplace equality.

Section 18, “Offences and Penalties”: -

The provision outlining offenses and penalties regarding acts against transgender individuals is
dynamically interpreted to address evolving understandings of gender identity and societal
norms. While traditionally focused on protecting transgender individuals from physical harm and
discrimination, this interpretation acknowledges the multifaceted nature of the challenges they
face.

In a dynamic interpretation, the provision extends beyond physical harm to encompass

psychological and emotional harm. It recognizes that acts of discrimination, such as verbal or
emotional abuse, can have significant and lasting impacts on the well-being of transgender
individuals.
Furthermore, this interpretation acknowledges the intersectionality of discrimination, recognizing
that transgender individuals may face compounded forms of oppression based on factors such as
race, ethnicity, or socioeconomic status. It emphasizes the importance of addressing these
intersecting forms of discrimination to ensure comprehensive protection for transgender
individuals.

Section 9, “Non-Discrimination in Employment”: -

The provision outlining offenses and penalties regarding acts against transgender individuals is
dynamically interpreted to address evolving understandings of gender identity and societal
norms. While traditionally focused on protecting transgender individuals from physical harm and
discrimination, this interpretation acknowledges the multifaceted nature of the challenges they
face.

In a dynamic interpretation, the provision extends beyond physical harm to encompass

psychological and emotional harm. It recognizes that acts of discrimination, such as verbal or
emotional abuse, can have significant and lasting impacts on the well-being of transgender
individuals.

Furthermore, this interpretation acknowledges the intersectionality of discrimination, recognizing

that transgender individuals may face compounded forms of oppression based on factors such as
race, ethnicity, or socioeconomic status. It emphasizes the importance of addressing these
intersecting forms of discrimination to ensure comprehensive protection for transgender
individuals.