Rights, revised: on the Transgender Persons Bill, 2018
Lok Sabha has passed a new Bill to protect transgender persons, but concerns remain
The passage of a Bill in the Lok Sabha to secure the rights
of transgender persons is a progressive step towards extending constitutional
protection to this highly marginalised community. The Transgender Persons
(Protection of Rights) Bill, 2018, as passed, is an improved version of the
legislation introduced two years ago. The earlier draft was widely perceived as
falling short of the expectations of stakeholders and not adequately
rights-based, as envisaged by the Supreme Court in its landmark decision on
transgender rights in 2014. Experts, as well as the Standing Committee of
Parliament on Social Justice and Empowerment, had criticised the original
definition of ‘transgender persons’ for violating the right to self-determined
identity. The revised definition omits the reference to a ‘neither male nor
female’ formulation, and covers any person whose gender does not match the
gender assigned at birth, as well as transmen, transwomen, those with intersex
variations, the gender-queer, and those who designate themselves based on
socio-cultural identities such as hijra, aravani, kinner and jogta.
The requirement that a district screening committee must recommend the issue of
a certificate to each transgender may be necessary to prevent misuse, but such
a process goes against the principle of self-identification, a key right the
Supreme Court had protected. The government has omitted the need to go through
the same screening committee to get a revised certificate after a transgender
has sex reassignment surgery, but the medical certification requirement
remains. Transgender persons may question the need for such external
gate-keeping.
There are other legitimate concerns in the revised Bill, which will now go
to the Rajya Sabha. One refers to the bar on forcible separation of transgender
persons from their families, except through court orders. It has been revised
to cover transgender children. Earlier it covered adults as well, but the
committee had noted that it was within the family that many transgender persons
faced harassment and abuse, and often felt driven to flee their homes. Another
concern is that the Bill criminalises begging by making it an offence for
someone to compel or entice a transgender person into seeking alms. When
begging itself is no more seen as an offence, it may harm the community if such
a means of livelihood – in the absence of employment – is criminalised. The
Bill, unfortunately, does not give effect to the far-reaching directive of the
Supreme Court to grant backward class reservation to the transgender community.
Nor have the Standing Committee’s concerns about recognising civil rights in
marriage, divorce and adoption among them been addressed. There is much good
intention behind the welfare provisions, but social legislation is much more
than high-minded clauses. It needs to be followed up with zealous
implementation and framing of deadlines to achieve specific objectives.Courtesy: The Hindu
Progressive (adjective) – liberal, forward-looking, reforming.
Marginalised (adjective) – relating to the people treated as insignificant/unimportant/neglected.
Fall short of (phrase) – be deficient/inadequate/insufficient; fail to meet/reach.
Stakeholder (noun) – a person with an interest in something.
Envisage (verb) – foresee, predict, forecast.
Gender-queer (noun) – genderfluid, non binary; Gender-queer describes people whose gender identity is something other than simply male or female.
Gate-keeping (noun) – controlling access to something.
Legitimate (adjective) – valid, logical, lawful/authentic.
Bar (noun) – restriction, barrier, block.
Harassment (noun) – persecution/abuse, aggressive intimidation, persistent annoyance.
Flee (verb) – run away, take flight, escape.
Criminalise (verb) – make something (an activity) illegal.
Entice (verb) – attract, tempt, persuade.
Alms (noun) – offerings or handouts such as food or money.
Far-reaching (adjective) – important, major, significant.
Provision (noun) – term, clause, condition.
High-minded (adjective) – decent, idealistic, right-thinking.
Zealous (adjective) – passionate, devout, fervent.
Objective (noun) – intention, purpose, target/aim.
Note: All
meanings took from Oxforddictionaries.com and Google.co.in only.
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