Transgender Persons Protection of Rights Bill 2019

On July 19, 2019  the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot, introduced  The Transgender Persons (Protection of Rights) Bill in the Lok Sabha. According to the Bill, a transgender person is one whose gender does not match the gender assigned at birth.  It includes trans-men and women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnars and hijras (Sec. 2(k)). This Bill aims at prohibiting the discrimination against a transgender person, and will benefit a large number of transgender persons, mitigate the stigmas, discriminations and abuses against this marginalised section and bring them back into the mainstream of the society with open-mindedness.

According to the 2011 census, over 4.8 lakh (0.04%) persons of our population belong to the trans community. The government has had a serious issue before it regarding this marginalised section and after discussions and consultations with expert committees, the Transgender Protection Bill was drafted to protect the rights of the Trans community which may lead to inclusiveness, and make them productive members of this society. This Bill will bring greater accountability on the part of the central government, state governments and Union Territories for issues concerning transgender persons, besides making all the stakeholders also responsive and accountable for upholding the principles underlying the Bill.

According to the Bill: Every transgender person shall have a right to reside and be included in his household; no government or private entity shall discriminate against a transgender person in employment matters, including recruitment, and promotion; educational institutions funded or recognised by the relevant government will have to provide inclusive education, sports and recreational facilities for transgender persons; the government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries; a person would have the right to choose to be identified as a man, woman or transgender, irrespective of sex reassignment surgery and hormonal therapy; and lastly, the relevant government will have to take measures to ensure the full inclusion and participation of transgender persons in society, and it must also take steps for their rescue and rehabilitation, vocational training and self-employment, create transgender sensitive schemes, and promote their participation in cultural activities.

An NCT or National Council for Transgender Persons will be set up under this bill which will be responsible for advising the central government as well as monitoring the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons. This council will consist of:- Union Minister for Social Justice (Chairperson), Minister of State for Social Justice (Vice- Chairperson), Secretary of the Ministry of Social Justice, one representative from ministries including Health, Home Affairs, and Human Resources Development, as well as, representatives of the NITI Aayog, and the National Human Rights. The Council will also consist of five members from the transgender community and five experts from non-governmental organisations.

In addition to the various facilities provided through the bill, various offences like forced or bonded labour, denial of use of public places, removal from household, and village, physical, sexual, verbal, emotional or economic abuse, have been recognised. Penalties for these offences have been enforced through the bill, which will vary between six months and two years, and a fine.

Unfortunately, the bill has not received the appreciation from the transgender community as was expected due to various unreasonable demands like getting certified as a transgender person by going through a “district screening committee”, but it is a minor step towards major problem which will ensure various rights which were unlawfully restricted to this mariginalised community of our country.

This article is authored by Pankhuri Pankaj, student of B.A. LL.B at Vivekananda Institute Of Professional Studies.

Also Read – The Aadhar and Other Laws (Amendment) Bill, 2019

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