THE TRANSGENDER (PROTECTION OF RIGHTS) BILL 2019
The term ‘transgender’ arose in the mid-1990s from the grassroots community of gender-different people. Transgender is a term used for people whose gender identity, expression, behavior is not the same as the sex they were born to. Transgender include transwomen, transmen whether or not the person has gone through the sex Reassignment surgery. In India there are a host of socio – cultural groups of transgender people like hijras/ kinnars, and other transgender identities like – shiv-shaktis, jogtas, jogappas, Aradhis, Sakhi, etc.
The main problems faced by the Transgender community are inequality, discrimination, unemployment, lack of medical facilities and homelessness. Their adjustment in the society is very difficult because of the prejudice people hold against them. This community is looked upon as a ‘different’ section of society and not many people want to interact with them. The transgender community got their voting rights as a third sex in 1994. They were also declared as socially and economically backward class by the Supreme Court and were also entitled for Reservations and jobs. Several welfare schemes were also directed by the government.
In regards to the ruling given by the supreme court in National Legal Services Authority Vs. Union Of India & Ors on 15 April, 2014, stated that non recognition of their gender will be violation of their Article 14 (Right to Equality), Article 15(Prohibits Discrimination on the bases of sex, cast, creed and religion), Article 21(Right to life and personal liberty) granted to them under the Indian constitution. All the government documents now have an ‘O’ (Other) or ‘TG’ (Third Gender) or ‘T’ (Transgender) alongside ‘M’ (Male) and ‘F’ (Female) under the categories of Gender.
HISTORY OF THE TRANSGENDER BILL 2019
For the protection of the rights of the Transgender community a private member’s bill was introduced by a proactive member of the Rajya Sabha, Truchi Siva from Dravida Munnetra Kazhagam (DMK) called the Transgender Persons (Protection of Rights) 2014. Though the bill was requested to be withdrawn on the request of the Minister of Social Justice and Empowerment Thawar Chand Gehlot and other BJP leaders pertaining that the clauses of the bill were impractical and complicated, but promised policies to benefit transgender people.
Though Siva refused to withdraw the bill and called a division of house and the Finance minister, Arun Jaitley discouraged it, but the bill was unanimously passed on 25th April 2015 with support from the Treasury Bench.
On 26 February 2016, the bill was introduced in the Lok Sabha by Biju Janata Dal (BJD) leader Baijayant panda and was supported by BJP Leader Jagdambika as the Transgender Persons (Protection of Rights) Bill, 2016.
The Transgender Persons (Protection of Rights) Bill, 2016 was re-introduced in the winter session of Parliament which started on December 15, 2017 and was passed by 27 amendments with the definition of transgender also changed.
THE TRANSGENDER (PROTECTION OF RIGHTS) BILL 2019
On 19th July 2019, the Transgender Persons (Protection of Rights) Bill 2019 was again introduced in Lok Sabha by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Ghelot.
This bill prohibits the discrimination against the transgender community for denial of services of (i)medical care, (ii)education ,(iii) access to public places, (iv)employment ,(v) right to reside, (vi)rent or buy property (vii) Certificate of identity for a transgender person (vii) Welfare measures by the government and every other right given to another gender person.
It also holds that non recognition of the Transgender community in criminals and civil statutes relating to marriage, divorce, child adoption are also discriminatory towards them. The bill also criminalizes begging for transgender, any kind of physical or sexual abuse to them.
In Arun Kumar vs Inspector General of Registration 2019 it was held that “A marriage solemnized between a male and a transwoman, both professing Hindu religion, is a valid marriage in terms of Section 5 of the Hindu Marriage Act, 1955 and the Registrar of Marriages is bound to register the same”.[1]
The bill has ruled to make a NATIONAL COUNCIL OF TRANSGENDER PERSON (NCT) which will consist of a Chairperson, a Vice Chairperson, Secretary of Ministry of Social Justice, One representative from ministries including Health, Home affairs and Human Resources Development, and others from NITI Ayoga and NHRC
The bill has given offences and penalties against transgender persons like denial of public places, denial of residence, physical and sexual abuse, begging and bonded labor.
The penalties for these offences vary between six months and two years accompanied by a fine.
By:-
SAMAIRA NAKRA
Student
Reporter,INBA