What are the issues confronting India’s transgender community? How far will The Transgender Persons (Protection of Rights) Bill, 2019 go in addressing these issues and bringing justice to this community? (150 words)
Approach
- Begin with defining the term “transgender” as well as their place in Indian society.
- Summarize the issues encountered by this community
- List the various provisions of the Bill.
- Appropriately conclude
Introduction
Most commonly, the term “transgender” refers to people whose gender identity differs from their biological sex. In India, the transgender population has long been subjected to male-chauvinistic social stereotypes and severe laws that criminalise alternative sexuality.
Body
The transgender community in India faces the following issues:
- Discrimination: They face discrimination in education, employment, and access to public services. They are additionally mistreated by the police and are more likely to fight for social justice.
- Lack of family support: Once their identity is established, society forces and pressures them to leave their parents house because they cannot be a part of the usual community and class.
- Unwelcome attention: Transgender people receive unwanted attention in public.
- They are vulnerable to HIV, depression, hormone pill misuse, cigarette and alcohol abuse, penectomy, and challenges relating to marriage and adoption due to a lack of medical assistance.
The following are the provisions of the Transgender Persons (Protection of Rights) Bill, 2019:
According to the Bill, a transgender person has the right to self-perceived gender identity and is protected against discrimination on a variety of reasons.
Every transgender person will have the right to live with their immediate family, and if the immediate family is unable to care for the person, he or she may be placed in a rehabilitation centre.
The government must give transgender people with educational, sporting, and recreational opportunities. According to the Bill, the government should also provide separate HIV surveillance facilities and sex reassignment surgeries.
To carry out the requirements and functions of the Transgender Persons (Protection of Rights) Act 2019, the government will establish the National Council for Transgender People (NCT). This group will advise, monitor, and assess the central government’s policies and programmes for transgender persons.
Despite its humanitarian and holistic attitude, the Transgender Bill is being attacked for the following reasons:
It proposes a “screening committee” of specialists to issue identity certificates to individuals, which critics believe puts transgender persons at risk of abuse.
Begging is the principal source of income for trans people in India. The Bill forces them into poverty by criminalising their conduct.
Another significant problem is the lack of any provision for transgender education and affirmative action.
Conclusion
Sexual orientation and gender identity are fundamental to everyone’s dignity and humanity, and they should not be used to justify discrimination or abuse in a democratic society. As a result, the Transgender Persons (Protection of Rights) Bill, 2019, is an important step in the correct direction.
