The recently passed Transgender Persons (Protection of Rights) Bill, 2019, is a significant step towards recognising and protecting the rights of transgender individuals. However, the bill has been subject to various debates and controversies. This article delves into the key features of the bill as well as raises concerns about its efficacy.
The Definition of a Transgender Person
The Transgender Persons (Protection of Rights) Bill, 2019, provides an inclusive definition of who may be identified as a transgender person. The definition states that a transgender person is an individual whose gender does not align with the gender assigned to them at birth. It extends to cover transmen and transwomen, individuals with intersex variations, genderqueers, and people recognised by socio-cultural identities such as kinnar and hijra.
Certificate of Identity for Transgender People
The bill mentions a provision where transgender persons can apply for a certificate of identity. This certificate would recognise their gender as ‘transgender’. The application for such a certificate has to be made to the District Magistrate.
Anti-Discrimination Provisions
One of the major highlights of the bill is its prohibition against any form of discrimination towards transgender persons. This includes denial of service or unfair treatment related to education, employment, and healthcare. It also prohibits unfair treatment in access to public goods, opportunities, and facilities; access to government or private establishments; right to move, reside, rent, or occupy property, and opportunity to hold public or private offices.
Health Care Facilities
The bill recognises the health needs of transgender individuals. It proposes separate HIV surveillance centres and sex reassignment surgeries for transgender persons. A notable aspect is that the government has been asked to review the medical curriculum to focus on addressing the health issues faced by transgender individuals. Furthermore, it calls for comprehensive medical insurance schemes for transgender persons.
| Key Feature | Description |
|---|---|
| Certificate of Identity | Transgender persons can apply to the District Magistrate for identity certificate |
| Prohibition against Discrimination | No unfair treatment or denial of services in education, healthcare, employment etc. |
| Health care Facilities | Separate HIV centres, sex reassignment surgeries and review of medical curriculum |
National Council for Transgender Persons (NCT)
The bill also introduces the establishment of a National Council for Transgender Persons (NCT), a significant step towards policy making and safeguarding transgender rights.
Punishment for Crimes Against Transgender Persons
The bill mentions penalties for offences against transgender persons. These range from imprisonment between six months and two years and fines.
Concerns Surrounding the Bill
Despite the substantial steps taken, the bill has been criticised on several fronts. The major concerns are that it does not provide any provision for self-determination of gender. The requirement for a certificate of identity has been questioned by the transgender community. Moreover, the bill supposedly fails to provide an effective mechanism to enforce prohibition against discrimination based on gender identity. Additionally, it does not provide affirmative action in employment or education as required by Supreme Court’s mandate in NALSA v. Union of India case (2014). One of the most critical drawbacks is that it suggests lighter sentences for serious offences such as sexual and physical abuse if they’re committed against transgender individuals. This discrepancy has raised questions about whether the bill truly upholds transgender rights.