Transgenders Persons
About:
- The Transgender Persons (Protection of Rights) Act, 2019, was passed by the government in support of the transgender community’s empowerment and general well-being, although challenges still persist in their day-to-day lives.
- Although the Supreme Court recognised transgender people as a “third gender,” the gender binary is still used in governmental apparatuses today.
Challenges the transgender community must overcome:
Ostracism and discrimination:
- They experience discrimination at work, in educational institutions, and even within their own families, which gravely compromises their general wellbeing.
Personality crisis:
- Despite the government enacting the Transgender Persons (Protection of Rights) Act, 2019, which grants the community the right to self-perceived gender identity, they are frequently forced to identify with a gender with which they are not connected at work.
Social Shame:
- They frequently run into problems when trying to adopt a kid or inherit property. Despite having high credentials, they are forced into menial occupations or driven into sex work due to their social exclusion.
Unemployment:
- Due to the related societal stigma, the community has few employment options and experiences severe discrimination at the workplace.
Public amenities are lacking:
- The accessibility of public restrooms and other public areas is a problem for them. In hospitals, schools, and prisons, they frequently encounter issues.
Projects for Transgender People:
Protection of Rights of Transgender Persons 2019:
- In addition to recognising the right to one’s own self-perceived gender identity, the bill passed by the Parliament intends to end discrimination against transgender people in the areas of access to healthcare, work, and education.
National Transgender Resource Center:
- The Ministry of Social Justice and Empowerment has created a webpage to help members of the transgender community apply for a Certificate and Identity card electronically from any location in the nation.
- The main advantage is that it enables transgender people to obtain their Certificate of Identity without having to physically interact with anyone or go to a location.
- They may track the progress of their application using the Portal, ensuring procedural transparency.
Greh Garima:
- The program’s goal is to give transgender people a place to live with basic necessities like food, shelter, medical care, and recreational activities.
- In addition, it will help people in the Community enhance their skills and capacities, enabling them to live lives of respect and dignity.
- The National Council for Transgender Persons has been established in accordance with the Transgender Persons (Protection of Rights) Act of 2019 to carry out the following duties for the welfare of the transgender community:
- To provide advice to the central government on the creation of transgender-related policies, programmes, laws, and projects;
- To track and assess the results of programmes and policies intended to advance equality for transgender people and their full participation;
- To assess and coordinate the work being done by various government agencies, as well as other governmental and non-governmental organisations, on issues pertaining to transgender people;
- To address transsexual people’s complaints; and
- Must carry out any additional duties that the Central Government may specify.
- Reservations for the transgender community would be made under the OBC category of employment, according to the Union government.
- The government has created the Transgender Persons (Protection of Rights) Rules, 2020 to implement the requirements of the Transgender Persons (Protection of Rights) Act, 2019.
How Transgender Persons (Protection of Rights) Act 2019 was formulated:
- An expert group was established in 2013 to investigate the issues facing transgender people and make suggestions for enhancing their wellness.
- In the National Legal Services Authority v. Union of India case from 2014, the Supreme Court defined transgender people as a “third gender.” The freedom to self-identify as a gender was also granted to transgender people, who were further informed that the fundamental rights would apply to them equally.
- 2014 saw the Rajya Sabha receive a private member’s bill titled “The Rights of Transgendered Persons.” This Bill, however, expired.
- The Transgender Persons (Protection of Rights) Bill, 2019, which was presented by the government in 2016, was examined by a Standing Committee.
- 2019: The Transgender Persons (Protection of Rights) Act entered into force after the aforementioned measure was approved by both the house and the senate.
- 2020: In accordance with the aforementioned laws, the National Council for Transgender Persons was established.
Steps to Take Ahead:
- A positive step toward integrating the community into society and raising respect for the transgender community was the founding of the National Council for Transgender Persons.
- Effectiveness: The council must be able to identify and address the difficulties that the community is facing, and both the state and civil society must work to ensure this.
- The society needs to be made aware that the community is a part of us and that we are co-equals through social engineering.
- Sensitizing law enforcement: It’s also important to make the legal and law enforcement systems more aware of the issues facing the community.
- Correcting The Transgender Persons (Protection of Rights) Statute, 2019: The act has a few flaws that the government needs to remedy. As follows:
- Giving transgender people reservations is not included in the Act.
- Due to the lack of viable options for employment for many community members, there is a provision for penalising organised begging, which is coercive in character.
- There is no law that makes raping or sexually assaulting a transgender person illegal.
