19/12/2018 - India Polity

KEY POINTS

Flaws in The Transgender Persons (Protection of Rights) Bill, 2016

·        The definition of Transgender is “unscientific and primitive and based on biological attributes”.

·        The principle of self-identification and its broad understanding of gender is not mentioned.

·        The provision of reservations for transgender persons which were promised by NALSA have disappeared.

·        National Council for Transgender Persons has been created but has also been rendered toothless without any significant powers.

·        It makes a provision for a district screening committee led by a district magistrate to certify a person’s third gender identity which was found unacceptable.

·        The infliction of violence by families, police, lack of availability of a complaint mechanism etc. had not been incorporated in the Bill.

Alternative provisions in the bill

·        The definition of transgender must be made gender neutral by applying the principle of self-identification.

·        Special grievance redressal cell to address the complaints of transgenders.

·        Need to extend all kinds of reservations in cases of admission in educational institutions and for public appointments to raise their social status. Eg: Recently Tamil Nadu gave the post of constable to a transgender.

·        Sufficient enforcement powers for National Council for Transgender Persons.

·        Recognition of civil rights like marriage and divorce, adoption, etc., which are critical to transgender persons’and recognizing their right to the partnership.

·        Provision of severe punishment for crimes against transgender persons based on the severity of the offense.

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