CRITICAL ANALYSIS OF THE RECENT TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2019
The Author is Akansha Anand who is pursuing BBA.LLB (3rd year) from Fairfield Institute of Management & Technology.
Transgender Persons (Protection of Rights) Bill,
- Prohibition of discrimination against transgender in different spares, such as- education, jobs, entry, and worship at the religious place, any social and political spares.
- The bill criminalizes begging by transgender persons.
- It also recognizes the procedure of transgender to get their certificate.
- The bill establishes the right to residence of the transgender person.
- The bill establishes penalties for the different offenses against transgender like compelling and forcing transgender person for begging, physically and sexually assaulted and also against mental cruelty.
- The bill establishes the punishment of two years of imprisonment or fine or both for all the offenses and it was one of the drawbacks of the bill, 2016.
- The bill was against the self-identified gender expression because transgender was required to get the certificate after the physical examination by the court which results in defamation of their identity and undermined right to self-identification as per NALSA judgment.
- The bill does not provide any reservation to the Transgender community as they are the minority and for their development in the society, it is necessary to provide them reservation and uplift their community to let them enjoy their living.
- The bill, 2016 criminalizes the begging by transgender and made a penalty against it. This results in a high threat to livelihood because more than half of the population of transgender in India depends on the money which they earn from it.
- The bill, 2016 imposes the same kind of punishment or penalty for all the offenses against transgender. In the criteria of sexually abuse offenses like harassment, rape and many more, the punishment imposed was only two years or fine or both which was not satisfactory. Hence, there is a need for establishing some kind of punishment just like offenses in the Indian Penal Code to makes stability and equality in society.
- The bill, 2016 does not consist of any civil rights; in other words, the legislature does not recognize any civil rights such as the right to property of transgender in their family property, transgender marriage, their divorce and many more. It is also one of the strongest loopholes in the bill.
- The judgment by The Supreme Court of India order to have a welfare board or say welfare commission for the Transgender people which will work in favor of the transgender people but according to this bill no such national commission was established and no such provision regarding the welfare board of transgender was made.
- The bill, 2016 established a bar on transgender for the separation from their family.
- The bill gives preciously the definition of transgender which was not given in all the previous bills. It clearly describes who are they? And describe them as the third gender of society.
- The bill also prohibits discrimination against transgender people in the social as well as political spares.
- The bill gives a right to the residence to the transgender people. If they do not have any place to reside then they can use the re-habitation center to live which is established by the government of India.
- The bill gives them an equal opportunity just like other citizens in the field of employment, schooling, and other spares. The word discrimination against them is fully abolished.
- They get equal opportunities to get treated in hospitals and health center just like other citizens.
- The certificate of character by the bill 2019 only needs self-declaration, not the physical test that was taken in previous bills which hurts the character and privacy of the transgender got abolished. Now merely declaration in front of the district judge becomes valuable and valid.
- The bill consists of many welfare measures by the government.
- As per the judgment of the NALSA, the bill orders to establish a National Council for Transgender People (NCT) which will do work for the transgender people and helps to develop them and provide them an equal opportunity just like other citizens and genders of India.
- The offenses like forced banded labor of transgender, denial the transgender to use public places and religious places, removal transgender from their household and villages, abuse the transgender verbally, physically, mentally and sexually, etc. doer will be liable for the punishment of imprisonment of minimum six months that can extend to two years or fine or both.