Transgender Bill, 2019

The Transgender Persons (Protection of Rights) Bill, 2019

INTRODUCED BY

Introduced by

Mr Thaawaechand Gehlot

Minister for Social Justice and Empowerment

SYNOPSIS

The bill aims to empower and protect the social, economic and educational rights of transgender. 

HIGHLIGHTS

Salient Points ()

The bill prohibits discrimination against transgender persons

    • educational institutions
    • government establishments
    • renting or purchasing property
    • healthcare
    • Using public services

Right of Residence

Every transgender has the right to reside. If by any chance the family is unable to take care of the transgender person, then the person to be shifted to a rehabilitation centre.

Certificate of Identity

A transgender can apply for a certificate of gender identity as ‘transgender’ from District magistrate

right to equal health care

Transgender have equal right to get all medical care including HIV centres and sex reassignment surgeries

Offences and Penalties

Following offences against transgender will attract punishment.

  • forced or bonded labour (excluding compulsory government service for public purposes)
  • Denial of use of public place
  • Removal from the household, and village
  • Physical, sexual, verbal, emotional or economic abuse.

Penalties for offences vary between six months and two years, and a fine.

BACKGROUND

Background Basics ()

In Apr 2015 - Siva of the DMK introduced a Private Member’s Bill on transgender persons’ rights that was passed in the Rajya Sabha and was transmitted to the Lok Sabha.

Later in 2016 Aug -  Lok Sabha introduced its own bill to protect the transgender community’s rights.

2019 - After facing a lot of criticism from human activists the bill got passed at both the houses.

KEY STATS

Key Stats ()

Total Transgender people in India (as per 2011 census)

4.9 Lakh

Attempt to suicide due to Gender-based victimization, discrimination, bullying, violence, being rejected by the family, friends, and community; harassment by an intimate partner, family members, police and public and ill treatment at the health-care system

More than 30%

TIMELINES

19 Jul 2019
5 Aug 2019
26 Nov 2019

WHY (as per the govt)

Salient Points ()

It will mitigate the stigma, discrimination and abuse against transgenders and bring them into the mainstream of society.

It will lead to greater inclusiveness and will make the transgender persons productive members of society.

WHY NOT (as per opposition)

Salient Points ()

Instead of the freedom to determine their sexuality,  transgender will have to prove it through certification.

There is a disparity of sentence for sexual abuse. Transgender attacker faces a maximum jail term of two years while the minimum term is of seven years for women who are attacked.

It also fails to address the lack of an effective mechanism to enforce the legal prohibition against discrimination on the ground of gender identity

MEDIA SAYING

VIDEOS

Videos ()

INTERNATIONAL LAWS

https://www.ibanet.org/Document/Default.aspx?DocumentUid=17DF4B83-2209-4EF8-BBF7-9C8C163AF15E

FAQs

A transgender person as one whose gender does not match the gender assigned at birth.  It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra, aravani and jogta.

Intersex variations are defined to mean a person who at birth shows a variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of a male or female body.

ORIGINAL BILL

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