Topic – mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
4) The passage of the Transgender Persons (Protection of Rights) Bill, 2016 has been criticized by the very community it seeks to protect. Examine.(250 words)
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 discuss the reasons why the Bill has faced such criticism. Thereafter, we need to highlight the changes that are required and discuss way forward.
Examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any .
Structure of the answer
Introduction – write a few introductory lines about the Transgender persons bill 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.
- Discuss the provisions of the bill and highlight the issues
- The Bill fails to legally recognise a self-defined gender identity – which is a cornerstone of the universal battle for transgender rights and has been recognised by the Supreme Court. In 2014, in National Legal Services Authority versus Union of India, the Supreme Court stated that a trans person could choose to identify as male, female or third gender. Explain that the Bill requires transgender persons to go through a district magistrate and “District Screening Committee” to get certified as a trans person.
- While the Bill prohibits discrimination, it does not explicitly include a definition of discrimination that covers the range of violations that transgender persons face.
- despite the Supreme Court in 2014 directing the government “to extend all kinds of reservations in cases of admission in educational institutions and for public appointments” to transgender persons, the Bill does not contain any provisions related to affirmative action.
- Criminalisation of anyone who “compels or entices a transgender person to indulge in the act of begging” increases the risk that transgender persons – many of whom have limited employment opportunities – will be criminalised because of misuse of the law, as has occurred in several instances.
- This Bill simply does not go far enough to protect transgender individuals who are subjected to abuses relentlessly, and with relative impunity.
- Discuss the changes required in the Bill to make it more constructive for the transgender population
Conclusion – Give your view on the Bill and discuss way forward.