Transgender Persons Act comes into effect - Pragnya IAS Academy - News Analysis.

Transgender Persons Act comes into effect.

Activists raise concerns about requirement of gender certificate

The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons (Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential assent on December 5, 2019.

The Act aims to end discrimination against transgender persons in accessing education, employment and healthcare. It also recognises the right to self-perceived gender identity and provides for certification from a District Magistrate; in case a transgender person has had a gender-change surgery, the law says they can obtain a certificate from the medical facility where they had the operation, and apply for a change in their certificate.
However, many in the community have raised concerns about the requirement of a certificate from the district magistrate.
Activists have expressed concerns about the lack of awareness and sensitisation. Lovely Kumari, a transwoman, who had participated in the Delhi Chief Electoral Officer’s campaign to boost turnout among transgender voters in last year’s the Lok Sabha elections, said that trans people found it difficult to get papers.
“During the elections, we went door-to-door ... It was difficult because many of us have two different names on our documents. People don’t have any knowledge about this [about the transgender identity certificate under the Act],” she said.
However, Dr. Manabi Bandopadhaya, who became India’s first transgender college principal in 2015, said certification was needed to prevent misuse of welfare measures. “Transgender people are deeply deprived. Nothing will change till there is sensitisation of common people,” she said.


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Transgender Persons Act comes into effect.

Lok Sabha passes Transgender Persons Bill - Pragnya IAS Academy - News Analysis.

Lok Sabha passes Transgender Persons Bill.

Amid noisy protests over the Rafale deal and Cauvery issue, the Lok Sabha on Monday passed a bill seeking to empower the transgender community by providing them a separate identity.

he Transgender Persons (Protection of Rights) Bill, 2016, seeking to define transgenders and prohibit discrimination against them, was introduced in the Lok Sabha two years ago. It was passed with 27 amendments.
Amid din, five members, including Kakoli Ghosh Dastidar (All India Trinamool Congress) and Badaruddoza Khan (CPI-M), participated in the debate, questioning the provisions of the legislation.
The amendments moved by the government, along with some others moved by opposition members, were considered.
Dastidar said the Bill was hastily drafted and the different clauses mentioned in it were totally inconclusive.
“First we have to define what transgender means....This Bill has to be returned,” she said, adding that a properly drafted Bill had to be tabled.
In the midst of the uproar, Parliamentary Affairs Minister Narendra Singh Tomar said the government was ready was any kind of discussion.
Union Social Justice and Empowerment Minister Thawar Chand Gehlot said that the Bill was sent to standing committee and the government has accepted 27 amendments.
Khan said that the definition of the transgender mentioned in the Bill was not clear.
Earlier, seeking passage of the bill, Social Justice and Empowerment Minister Thawar Chand Gehlot said the bill was complete and there was no need for more discussion. He said the objectives of the bill includes protecting interests of transgenders, defining of the term ‘transgender’, to give them recognition and setting up of a national transgender council.
“A long discussion has taken place on this issue. It has also gone to the parliamentary standing committee. We have included several of their suggestions,” he said.
Initiating the debate on the bill, Congress member Shashi Tharoor said the bill was “flawed” and the minister should withdraw it. “Defer consideration of the Bill as it needs serious discussion. I request the minister to withdraw the Bill,” he said.
“We need to recognise transgenders’ identity” as it goes beyond male and female, Tharoor said, adding the government has “blindly” borrowed the definition of transgenders. “The Bill also fails to define discrimination against transgenders,” and there is a need to redraft certain clauses, he said.
B. Mahtab (BJD) said there was no clarity on the term “self perceived gender identity” and “how it will be enforced”. He said the definition of transgenders was not complete and that other terms such as transmen and transwomen were not defined. Mahtab added that there were several laws in the country and it was not clear how these laws including the Companies Act would be applied to transgenders.
“Adequate attention has not been given in drafting this Bill,” he maintained, adding the government itself has moved 27 amendments.
Supriya Sule (NCP) said a transgender commission at the national level was not enough. “We are asking for a welfare board for transgenders. They need equal rights,” she said, demanding a helpline number for the community. (Source: The Hindu)


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Lok Sabha passes Transgender Persons Bill.