Transgender Laws In India – Transgender is a term that is still not fully understood by the people of India. Transgender people are someone who doesn’t identify with their assigned gender at birth. These people often suffer from gender dysmorphia and use to alleviate this by transitioning to the gender they actually identify with.
By changing their name and pronouns or even by cross-dressing they like to show their individuality. Some people belonging to this category also undergo sex reassignment therapies such as hormone therapy and sex reassignment surgery. But most of the time these surgeries are expensive and out of reach for these people or they don’t desire surgery.
The people who desire to have gender reassignment surgery are known as transgender. Transgender is an umbrella term for trans-men, trans – women and some nonbinary people. Gender identity is different from sexual orientation. One shouldn’t assume that trans people are only attracted to persons of opposite gender identity. They may also be asexual, homosexual, or pansexual.
The opposite of transgender is cisgender. The people who identify with the gender they were assigned at birth.
Transgender Laws In India
• Transgender Persons (Protection Of Rights), Act 2019
The Transgender Persons (Protection of Rights) Act, 2019, is a piece of legislation passed by the Indian Parliament with the aim of protecting transgender people’s rights, welfare, and other related issues. Due to the expiration of the Transgender Persons (Protection of Rights) Bill, 2018, the Minister of Social Justice and Empowerment, Thawar Chand Gehlot, introduced the legislation in the Lok Sabha, the lower house of Parliament, on July 19, 2019. (Bill No. 210-C of 2016). Transgender Laws In India. Both the 2018 bill that came before it and the 2019 act came before a version from 2016. Transgender Laws In India. Some transgender people, attorneys, and activists in India protested and criticized them.
A standing committee was given the 2016 bill, and it delivered its report in July 2017. A revised version of the bill was then introduced and approved by the Lok Sabha in December 2018. However, many of the suggestions made by the committee were not included. Transgender Laws In India. The 2019 act was rejected by the Lok Sabha on August 5 and by the Rajya Sabha, the upper house of the Parliament, on November 26, despite opposition members’ criticism and their promises to activists that they would not support it. Transgender Laws In India.
On December 5, 2019, the act received the president’s approval, following which it was published in the Indian Gazette. and was implemented in January 2020.
The 2019 act has eliminated a few of the harshly criticized provisions of the 2018 bill, including the criminalization of begging and the creation of a district screening committee to handle requests for the issuance of transgender person certificates, in response to protests by the queer community against the 2016 and 2018 bills.
The Supreme Court’s decision in National Legal Services Authority v. Union of India in 2014 failed to include additional principles, such as the right of transgender people to declare their self-perceived gender identity without undergoing sex reassignment surgery and reservations about employment and educational settings. Transgender Laws In India. The law has also come under fire for enacting less severe penalties for crimes against transgender individuals than against cisgender people. In response to a petition questioning the validity of the act, the Supreme Court sent a notice to the federal government on January 27, 2020.
After consulting with transgender persons, the Ministry of Social Justice and Empowerment released an Expert Committee Report on issues relating to transgender people in January 2014, although the decision in the NALSA petition was still pending. Transgender Laws In India. The Rights of Transgender Persons Bill was introduced by Dravida Munnetra Kazhagam party member Tiruchi Siva in the Rajya Sabha in 2014, and the house passed it in 2015. It was still pending in the Lok Sabha when the 2016 bill was introduced, and it expired once the house was dissolved ahead of the 2019 general elections. Transgender Laws In India.
In their different electoral manifestos for the 2019 elections, parties like the Indian National Congress and the Communist Party of India (Marxist) pledged to, respectively, remove the 2018 bill, introduce a new one after engaging the gay community, and pass one based on the 2014 bill.
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