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TRANSGENDERS AND THE TRANSGENDER PERSON (PROTECTION OF RIGHTS) BILL, 2016

Courtesy/By: Amulya Bhat | 2019-07-02 10:41     Views : 291

Every person is very aware of the community which is recognised as the third gender by the  apex court in the year 2014. This third gender, the transgenders is a term used for people whose identity of gender is different from sex that is usually assigned at birth. They come from all walks of life, like all other genders, they too exist from the beginning of human race.


The most popular community with regards to the transgenders are the LGBTQQIAAP community. This community also includes Lesbian, Gay, Bisexual, Transsexual, Queer,  Questioning, Intersex, Asexual, Ally, Pansexual. Presently, the existence and visibility of the transgenders are increasing day-by-day, but they are still discriminated, not shown the respect they deserve, and oppressed. This community faces a lot of challenges, the main being how to live a normal life or an authentic life especially in a society which still follows all those norms, rules and regulation which are still rigid in their beliefs. In the case of National Legal Services Authority vs. Union of India [AIR2014SC1863], the Honourable Supreme Court directed the state and national bodies to implement schemes and spread awareness in order to erase the age old stigma that is associated with the community of transgenders, so they could live a normal life, get respect.
But even after all the effort, people degrade them, show no respect and make the transgenders believe they are not worthy to live. They face challenges in many other fields and some important areas which they face problem are education, employment, poverty, disrespect, discrimination, exclusion from society etc.


However, in order to plan for their social equality and justice, a legislation, Transgender persons (Protection of Rights) Bill, 2016 has been passed. This Bill was approved by the cabinet as well as the Prime Minister. This law or legislation defines ‘Transgenders’ as a person or being who is neither a male nor a female. This legislation also Prohibits Discrimination among them. A certificate of identity is also issued to the Transgender person. This law also entices or punishes any person who behaves in a rude and unacceptable manner with the transgender person. This bill, however, has some defects, the right to self-identify as mentioned in the National  Legal Services Authority vs. Union of India judgement is eliminated, as the definition itself says, ‘a person who is neither a male nor a female’. Chapter III of the same legislation also stated the process of earning an identification certificate which involves going to the District

Magistrate and the case being referred to a committee of welfare officer, a physiatrist, a representative from the Transgender Community and an officer appointed from the appropriate government. The procedure which is exhaustive, eliminates the main principle of the National Legal Services Authority vs. Union of India, judgement and the bill automatically open a room for arbitrariness by defining the word discrimination. There also must be a provision implemented for the violation of rights of the transgender person. In conclusion, there must be space and room for the improvement and implementation of rights and the bill related to transgenders. There are changes, but not in the attitude of the society. Appropriate steps must be taken to give a strong threshold to the bill and the rights of the transgender people.

Courtesy/By: Amulya Bhat | 2019-07-02 10:41