TRANSGENDER AND THE LAW- (Blog)


 

Gone are those days when the whole world recognized only the two genders of the society i.e, the men and the women. A new dawn has come in the world of the third genders - the Transgenders with The Transgender Persons (Protection of Rights) Act, 2019 coming into force. Though the act has not touched upon certain topics and has more criticism, this seems to sparkle a new fire of hope in the minds of them. 

WHO ARE THE THIRD GENDERS?

The third genders are the transgenders who undergo a change in their gender which they have at birth. These are due to the hormonal changes that happen in their body. There are certain people who voluntarily change their genders by undergoing surgeries. Some cannot do so due to financial and medical reasons. They are also called transmen and transwomen.  The term "Transgender" was coined by a Psychiatrist, John F. Oliven of Columbia University in 1965. This community started developing in the year 1984. But not the whole world is ready to accept them. They have faced many discrimination, underwent extreme pain that we couldn't imagine and still they are suffering the same despite a few having set their footprints in different fields of administration.

TRANSGENDER AND THE LAW 

The Supreme Court delivered a landmark judgement in the case of National Legal Services Authority v. Union Of India declaring the transgenders as the third genders. It provided them the right to self identification and guaranteed the fundamental rights. It also stated three key areas to be concentrated namely public health and sanitation, socio economic rights and seriously addressing the problems faced by them such as fear, societal pressure, depression, shame and suicide.   

The first step towards the legal recognition by framing laws for the transgenders was the introduction of the Rights to Transgender Persons Bill, 2014 which was criticised by many LGBT activists and transgenders as it included many inappropriate clauses. This bill spoke for 2% reservation of seats in Private education sectors, special employment exchange, national and state level Commissions, special courts and rights of a transgender child to access a home for foster care. This bill also imposed 1 year imprisonment for those who through hate speech towards them. 

The second step was The Transgender Persons (Protection of Rights) Bill, 2016. This bill provided for the rehabilitation, livelihood support, healthcare facilities and insurance to transgenders. It also prohibited the discrimination against them in education, employment, healthcare, movement, access to public goods, occupation and property. This bill underwent a few changes and was introduced in Lok sabha in 2018 which lapsed.

It was reintroduced on 19th July 2019 and got the president's assent on 5th December, 2019. This act came into force on 10th January, 2020. It is the Transgenders persons (Protection of Rights) Act, 2019. This act is created to protect the rights of the transgenders, to work for their welfare and look into other matters connected to it. This act is created with 9 chapters and 23 sections. The main decision of this act is that the transgenders should be guaranteed their right of self perceived gender identity without undergoing a sex reassignment surgery. It also suggests the formation of a National Council for them to advise, monitor and evaluate the measures taken for protecting their rights. They  are placed under the Ministry of social justice and empowerment headed by Minister Thawar Chand. This act has been criticised to a greater extent that many transgender activists called it to be a "murder of gender Justice." 

CONCLUSION

Though the transgenders have an act speaking for them, they are not much satisfied with all the provisions. Still there are misbehaviours, hate speeches and discrimination happening against them. So it is necessary to create awareness among people and educate them to respect everyone irrespective of caste, creed and gender.  They are humans too. They are no way lesser than us. They deserve to live a life with dignity. See them as a blessing rather than a curse. Parents need to be educated to develop the mentality to accept them instead of assuming them a shame. It is easier to build up a child than it is to repair an adult. So choose your words wisely. Live and Let Live.

 

-Cyndhia. JR

School of Excellence in Law.

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