Recently, the Ministry of Social Justice and Empowerment has taken a significant step towards the inclusion and empowerment of the transgender community. The establishment of the National Council for Transgender Persons, under the Transgender Persons (Protection of Rights) Act, 2019, marks a crucial endeavor in addressing their needs and concerns.
Understanding The Transgender Persons Act of 2019
The Act serves as the guiding legal document for the rights and protection of transgender persons in India. It seeks to establish a National Council for Transgender persons and defines a transgender person as an individual whose gender does not align with the one assigned at birth.
Transmen, trans-women, people with intersex variations, gender-queers, and individuals with socio-cultural identities like kinnar and hijra all fall under this definition. The Act also provides a provision for obtaining a Certificate of Identity, which asserts a person’s right to self-perceived gender identity.
Provisions And Protections Under The Act
The Transgender Persons Act prohibits any form of discrimination against a transgender person in sectors including education, employment, healthcare, and more. The Act recognizes the right of residence with parents and immediate family members for transgender persons. It also stipulates punishments for offenses against transgender persons, ranging from imprisonment between six months and two years, and a fine.
Aim And Key Points Of The Act
The primary aim of the Act is to mainstream the concerns of the transgender community, concentrating on issues related to their livelihood. The Act also works towards raising awareness about the transgender community, fostering their acceptance within families and society at large. It ensures the set up of transgender welfare boards in all states, addressing essential needs like housing, food, healthcare, and education.
Functions of The National Council For Transgender Persons
The council will advise the Central Government on the formulation of policies, programs, legislation, and projects concerning transgender persons. It will also monitor and evaluate the impact of these efforts, review and coordinate departmental activities, and redress the grievances of transgender persons.
Composition of The Council
The council will be chaired by the Union Minister of the Ministry of Social Justice and Empowerment. It will comprise representatives from different states or Union Territories, five members from the transgender community, and representatives from ten central departments.
Significant Developments leading to the Act
The Act’s establishment is the result of several significant events, including a Supreme Court judgement in 2014 that recognized transgender people as a ‘third gender’. A private member Bill was introduced in the Rajya Sabha the same year, which lapsed eventually. The government then introduced its Bill in the Lok Sabha in 2016, which led to the passing of the Transgender Persons (Protection of Rights) Bill in 2019.
Looking Ahead
The National Council for Transgender Persons plays an important role in increasing awareness, promoting respect, and fostering acceptance for the transgender community. Its effective functioning will determine whether it can identify the challenges faced by this community and advise the government accordingly. It also underlines the necessity for an inclusive approach to sensitize legal and law enforcement systems towards the issues faced by the transgender community.
