Rajya Sabha approved the Transgender Persons (Protection of Rights) Bill, 2019 on Tuesday. The bill aims to protect the rights of the transgender community. The bill was passed after a motion to refer it to a select committee of the Upper House was defeated by the legislators. Previously, the bill was passed by Lok Sabha on August 5.
Provisions of the Bill-
- It defines Transgender. The bill includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities
- The Bill aims to eliminate discrimination or unfair treatment against transgender people.
- As per the provisions of the Bill, the government has been mandated to set a national council for the execution of the Bill.
- It further criminalizes denial of use of public places to transgenders, removal of transgenders from household and village, etc.
Speaking on the event, Minister of Social Justice and Empowerment, Thawar Chand Gehlot said that all the suggestions of the respective members will be integrated in a subsequent manner. The leader also said that the clause related to the medical examination by a panel for a district magistrate (DM) or collector to certify an individual as a transgender has been removed. Though in the case of a child, his or her parents can apply for the issuance of an identification certificate.
It was also reported that the Supreme Court’s orders in April 2014 regarding the bill were also incorporated. Earlier, the Supreme Court had recognized the transgender community as a third gender along with males and females in its verdict of April 2014.
Many leaders called for referring the bill to the selection committee. TRS leader K Keshava Rao said that the bill needs a revisit on some of the provisions. He supported the community’s demand for the right to self-determination of gender. He also raised his concern regarding the meager share of budgetary allocation to the community.
YSR Congress Party member V Vijaysai Reddy also said that the transgenders should be allowed self-certification and demanded that the bill should be sent to the Select Committee. Derek O’ Brien (Trinamool Congress leader) also said that the select committee should look at the bill as the issue is not “politics“.
The contentious provision of lesser punishment of raping a transgender is one of the most debated clauses. According to the bill, such crime will only attract a punishment of barely six months to 2 years whereas, in the case of women, it carries severe punishment from 10 years or life imprisonment. In the case of minors. the provisions regulating the crime are more stringent that also includes the death penalty.
According to the reports, DMK leader Tiruchi Siva said, “We can wait for another six weeks till the next session for such a crucial bill’s scrutiny for slow and steady legislation.”