GOVERNMENT MAKING RULES FOR US WITHOUT DISCUSSING US
What’s in news?
The transgender community took a closer look at the Bill that was supposed to protect their rights, and found that barely any of their demands had been included.
- The Transgender Persons (Protection Of Rights) Bill, was passed on the early days of August, 2019 in Lok Sabha.
- When the legislation got buried as it was the same day that the Centre decided to revoke special status for Jammu and Kashmir the transgender community took a closer look at the Bill that was supposed to protect their rights, and found that barely any of their demands had been included.
- Though they had many lists of problem, they accused the government that, they made the provisions of the bill without their consultation and the given provision of the bill doesn’t make any difference to their lives.
- Among many different problems, the main problem they face was employment and dignity in society.
The provisions opposed by the community:
- The legislation has been criticised by the transgender community for replacing district screening committees with bureaucratic impediments.
- They have also highlighted that the provisions against discrimination have no enforceability.
- The Bill has also attracted disapproval for only providing separate definitions for intersex persons but no provisions for transgenders.
Who is Transgender?
- As per the new definitions, “a transgender is a person whose gender does not match with the one assigned at birth and includes transman or transwoman (whether or not such person has undergone sex reassignment surgery or hormone therapy or laser therapy), person with intersex variations, gender-queer and person having such sociocultural identities as ‘kinner’, ‘hijra’, ‘aravani’ and ‘jogta’.”
- Feminism in India, an Online media platform, posted an elaborate critique highlighting the shortcomings of the Bill and believes that the provision of the bill alludes to the “impervious nature of caste in Indian society”.
Provisions of the bill:
- A transgender person has to obtain a Certificate of Identity which will confer rights and be proof of recognition of identity as a transgender person.
- An application for obtaining such a Certificate should be made to the District Magistrate (DM). The DM will refer such an application to a District Screening Committee.
- A National Council for Transgender (NCT) persons will be set up to advise the central government on policies, and legislation related to transgender persons. It will also monitor and evaluate such policies.
- The NCT will consist of representatives from;
- Ministries such as social justice and empowerment, health, minority affairs
- Niti aayog
- National human rights commission and national commission for women
- State governments
- Nominated members from the transgender community
- Experts from non-governmental organisations.
Links to note: