The Lok Sabha today passed the Transgender Persons (Protection of Rights) Bill 2019 amid uproar by opposition. The bill provides a mechanism for social, economic and educational empowerment of transgenders.
The bill was introduced on July 19.
Replying on the bill, Minister of State for Social Justice Rattan Lal Kataria said it makes provision for establishing a national authority for safeguarding rights of transgenders.
He added that per the 2011 census, there were more than 4.80 lakh transgenders in the country.
The bill aims to benefit a large number of transgender persons, alleviate the stigma, discrimination and abused against the marginalised community and will help bring them into the mainstream society.
The bill provides a mechanism for social, economic and educational empowerment of transgenders by defining their identity and rights to prohibit discrimination against them.
A government statement said the bill will lead to inclusiveness and make them productive members of the society.
However, despite attempts by the government to clarify the contentious points mentioned in the bill, the transgender community believes that certain provisions of the bill violate their human rights.
Activist and moel Rudrani Chhetri spoek to Indiatimes and said that the bill does not offer clarity on many provisions and lacks in terms of welfare of the community.
"The Bill does not talk about reservation and economic welfare of the transgender community. The community needs reservation and upliftment in terms of their economic welfare. It does not have a provision for opportunities that must be created for the community," she says.
She adds that as per the NALSA Judgement, every state must have a Transgender Welfare Board, however "even India's national capital does not have one."
Rudrani said that the good part about the bill that it has decriminalised beggary by transgenders. "The people in the transgender community need to beg because of lack of proper education and economic constraints. It is good that it has been scrapped. The government has also done away with the screening process and that's among the few good moves that Centre has taken in the interest of the community."? ?
Rudrani also mentions that the bill lacks provision on harassment, mental and physical, of the community. "There is no provision for measures against sexual harassment and assault of transgenders. Earlier, the redundant rape laws like the two-finger test, were also repealed after protests. The government must safeguard the rights of the transgender community too," she adds.
In July, a provision that mandated district screening committees and a clause that criminalised those who entice trans persons to beg was dropped. Minister of social justice and empowerment Thawar Chand Gehlot admitted that the bill does not provide reservation for employment and education that, according to transgenders, is vital to provide real social justice for the community.
BCCL
According to the bill, a transgender is a person whose "gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, gender- queer and person having such socio-cultural identities as kinner, hijra, aravani and jogta."
The bill will give the right to choose to a transgender person to be identified as a man, woman or transgender, irrespective of sex reassignment surgery and hormonal therapy.