[Answered] “Transgender Persons (Protection of Rights) Bill 2019 is critical to provide social and economic justice to transgenders in Indian democracy”. Examine.

Demand of the question
Introduction. Contextual Introduction.
Body. Features of bill that would ensure socio-economic justice to transgenders.
Conclusion. Way forward.

As per the Census of 2011, the total population of Transgender in India is 4.9 lakh. They face highest social neglect and abuse in the society. Often their rights are violated. They are seen as criminals and abnormality of society. Thus government introduced ‘Transgender Persons (Protection of Rights) Bill 2019’ to ensure socio-economic justice to them.

Aim of the transgender bill:

  1. Mitigating the social stigma against transgenders.
  2. Ensure fundamental and basic human rights for transgenders.
  3. Prevent discrimination and abuse against the Transgender population.
  4. Bringing them into the mainstream of society.

How transgenders Bill ensure socio-economic justice to transgenders:

  1. Prohibition against discrimination: The bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to:
    • Education.
    • Employment.
    • Healthcare.
    • Access to, or enjoyment of goods, facilities, opportunities available to the public.
    • Right to movement.
    • Right to reside, rent, or otherwise occupy property.
    • Opportunity to hold public or private office.
    • Access to a government or private establishment in whose care or custody a transgender person is.
  2. Right of residence to every transgender person:  The bill mentions that every transgender person shall have a right to reside and be included in his household.  If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.
  3. No discrimination in Employment: It also states that no government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.  Every establishment is required to designate a person to be a complaint officer to deal with complaints in relation to the Act.
  4. Inclusive Education: Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination
  5. Health care facilities by the government: The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.  The government shall review medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.
  6. Certificate of identity for a transgender person: A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.  A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female
  7. Welfare measures by the government: The Bill states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society.  It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.
  8. Offences and penalties: The Bill mentions the following offences against transgender persons:
    • Forced or bonded labour (excluding compulsory government service for public purposes)
    • Denial of use of public places
    • Removal from household, and village.
    • Physical, sexual, verbal, emotional or economic abuse. 
  9. National Council for Transgender persons (NCT): The Council will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.

Thus transgenders bill, 2019 seek to provide justice to the community. It ensure various fundamental rights to transgender community under Article 14, 15, 19, 21 and article 23 of the constitution. Thus it seek to instil social reform through legislation which is important for the rights of transgenders.

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