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2) The new law on rights of transgender fail to take into account the lived realities of the lives of transgenders. Discuss.(250 words)

Topic– mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

2) The new law on rights of transgender fail to take into account the lived realities of the lives of transgenders. Discuss.(250 words)

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Why this question

The bill had been pending since a long time and was recently passed by the Lok Sabha. The provisions of the bill have been criticized on various fronts. It is essential to analyze the bill in detail and bring out its shortcomings.

Key demand of the question

The question expects us to bring out the details of the bill and examine its shortcomings and how it fails to address the issues in the lives of transgenders.

Directive word

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer

Introduction – write a few introductory lines about the  Transgender people passed by the LS recently. E.g the objectives of the bill includes protecting interests of transgenders, defining of the term ‘transgender’, to give them recognition and setting up of a national transgender council.

Body

  • Discuss the pros of the Bill – The Transgender Persons (Protection of Rights) Bill, 2016 seeks to empower the transgender community by providing them a separate identity; The bill proposes to setup a National Transgender Council to look after the interests and grievances of the transgender community etc.
  • Discuss how it ignores the lived realities of transgender people –
    • wever, retained only some of the recommendations and added a host of new problems. For instance, the definition of transgender persons includes intersex persons as well—persons with several variations of sex characteristics, including gonads, chromosomes, etc. The problem is that intersex persons can be comfortable with the gender assigned to them at birth but the new law forces them to be clubbed with transgender persons.
    • The law talks of a National Commission for Transgenders, but has nothing on membership structure, objectives, grievance redressal and other features of the commission.
    • completely negates the concept of self-identification as the touchstone of determining transgender identity, and instead relies on a physical examination for conferring legally recognised transgender identity to an individual.

Conclusion – Give a fair and balanced opinion about the bill and discuss the way forward.