On 26 November, the Rajya Sabha passed the Transgender Bill. In the monsoon session of the parliament earlier this year, the Lok Sabha had passed the bill and sent it to the upper house for its approval.
On 27 November, in a press conference in New Delhi, the community expressed its concerns about the bill. After being passed by the Rajya Sabha as well, the transgender community has raised serious concerns about their very existence.
“The Trans Bill is a murder of our rights. Irony is that it was passed on the Transgender Day of Remembrance and Constitution Day. This bill does not protect us. It is against the NALSA judgement. We oppose the bill, we don’t want this bill. It doesn’t give anything to our community.”Ray, Member of the Trans Community
Problems With The Trans Bill
The bill prohibits discrimination against transgender persons in educational institutions, government establishments, and while renting or purchasing property, receiving healthcare and using public services.
But the legislation does not explicitly define what constitutes discrimination in the context of the transgender community. It also fails to specify punishment for those who discriminate against transgender persons.
The bill also states that transgender persons will have the right to “self-perceived” gender identity. But in the same section, it adds that a transgender person must make an application to the district magistrate to receive an identity certificate.
“The bill empowers doctors, district magistrates and the state to have complete control of trans people’s lives. The bill reduces us as ‘porno-tropes’ for the medical community. What if we do not satisfy the magistrate? What happens then? Will their certificate prove my gender? This is just a plan to murder the younger generation of trans people.”Vikramaditya, Member of the Trans Community
Another issue that has angered the community is of punishment to sex offences against the trans community.
“The punishment for a sex offence against a cis-gender person starts at seven years at least. For a trans person, it is at least six months upto two years maximum. How is this justified? Are we not humans enough? Even the IPC recognises only two genders, so essentially, the IPC does not even recognise crimes against us.”Grace Banu, Community Member
The community is hoping that the president will send back the bill to the parliament and amendments will be made.
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