send mail to support@abhimanu.com mentioning your email id and mobileno registered with us! if details not recieved
Resend Opt after 60 Sec.
By Loging in you agree to Terms of Services and Privacy Policy
Please specify
Please verify your mobile number
Login not allowed, Please logout from existing browser
Please update your name
Subscribe to Notifications
Stay updated with the latest Current affairs and other important updates regarding video Lectures, Test Schedules, live sessions etc..
Your Free user account at abhipedia has been created.
Remember, success is a journey, not a destination. Stay motivated and keep moving forward!
Refer & Earn
Enquire Now
My Abhipedia Earning
Kindly Login to view your earning
Support
Background
• The cabinet has approved the Transgender Persons (Protection of Rights) Bill 2016 for social, economic and educational empowerment of transgenders. The bill will benefit a large number of transgender persons, mitigate the stigma, discrimination and abuse against this marginalized section and bring them into the mainstream of society. It will lead to greater inclusiveness and will make the transgender persons productive members of the society. • The bill will make all the stakeholders responsive and accountable for upholding the principles underlying the bill. It will bring greater accountability on the part of the central government and state governments/Union Territories administrations for issues concerning transgender persons.
Highlights of the Bill
• The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person’s gender must not match the gender assigned at birth, and includes trans-men, trans-women, persons with intersex variations and gender-queers. • A transgender person must obtain a certificate of identity as proof of recognition of identity as a transgender person and to invoke rights under the Bill. • Such a certificate would be granted by the District Magistrate on the recommendation of a Screening Committee. The Committee would comprise a medical officer, a psychologist or psychiatrist, a district welfare officer, a government official, and a transgender person. • The Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare. It directs the central and state governments to provide welfare schemes in these areas. • Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine.
Key Issues and Analysis
• The Supreme Court has held that the right to self-identification of gender is part of the right to dignity and autonomy under Article 21 of the Constitution. However, objective criteria may be required to determine one’s gender in order to be eligible for entitlements. • The Bill states that a person recognised as ‘transgender’ would have the right to ‘self-perceived’ gender identity. However, it does not provide for the enforcement of such a right. A District Screening Committee would issue a certificate of identity to recognise transgender persons. • The definition of ‘transgender persons’ in the Bill is at variance with the definitions recognised by international bodies and experts in India. • The Bill includes terms like ‘trans-men’, ‘trans-women’, persons with ‘intersex variations’ and ‘gender-queers’ in its definition of transgender persons. However, these terms have not been defined. • Certain criminal and personal laws that are currently in force only recognise the genders of ‘man’ and ‘woman’. It is unclear how such laws would apply to transgender persons who may not identify with either of the two genders
About Transgenders
• The transgender community is one of the most marginalized in the country because they don’t fit into existing gender categories. Consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, and lack of medical facilities.
Clarification regarding transgender
• Supreme Court has refused to modify its 2014 order on transgenders while clarifying that lesbians, gays and bisexuals are not third gender. Clarification in this regard was asked by additional solicitor general (ASG) Maninder Singh, appearing for the Centre. The court has clarified that lesbians, gays and bisexuals are not transgenders. In a landmark verdict, the Supreme Court had on April 15, 2014 granted legal recognition to transgenders or eunuchs as third category of gender and had directed the Centre and all states to treat them as socially and educationally backward classes to extend reservation in admission in educational institutions and for public appointments. • Paving way to bring transgenders in national mainstream, the apex court directed governments to take steps to remove problems faced by them such as fear, shame, social pressure, depression, and social stigma. It had also said that section 377 of IPC is being misused by police and other authorities against them and their social and economic condition is far from satisfactory. However, in September 2014, the Centre had filed an application in the apex court seeking clarification on the definition of transgender saying lesbian, gay and bisexual cannot be treated under the category of transgender.
By: Mona Kaushal ProfileResourcesReport error
Access to prime resources