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Transgender Community and Challenges

Posted on May 16, 2022 by admin1  6686

In News

  • Petitions by transgender persons draw attention to the discrimination they face in employment avenues.

About

  • Despite the government passing the Transgender Persons (Protection of Rights) Act, 2019 for the empowerment and overall, the well-being of the transgender community, they still continue to face challenges in their daily walks of life.
  • Though the Supreme Court recognised transgenders as ‘third gender’ but the existing structures in state apparatuses still work on the gender binary.

Challenges faced by Transgender Community

  • Discrimination and ostracisation:
    • They face discrimination in employment, educational institutes, and within families which severely affects their overall wellbeing.
  • Identity crisis:
    • They are often forced to identify with a gender with which they are not associated at the workplace despite the government passing the Transgender Persons (Protection of Rights) Act, 2019 which allows the community the right to self-perceived gender identity.
  • Social Stigma:
    • They often face difficulty in property inheritance or child adoption. Because of being socially ostracised they are compelled to take up menial jobs despite good qualifications or forced into sex work.
  • Unemployment:
    • The community has limited avenues of employment and faces severe discrimination at work because of the associated social stigma.
  • Lack of public amenities:
    • They face issues with the accessibility of public toilets and public spaces. They often face problems in prisons, hospitals and schools.

Initiatives for Transgender Persons

  • Transgender Persons (Protection of Rights) Act, 2019:
    • The law passed by the Parliament aims to end discrimination against transgender persons in accessing education, employment and healthcare and recognise the right to self-perceived gender identity.
  • National Portal for Transgender Persons:
    • It is a portal by the Ministry of Social Justice and Empowerment which assists persons of the transgender community in applying for a Certificate and Identity card digitally from anywhere in the country.
    • The most important benefit is that it helps the transgender person to get the Certificate of Identity without any physical interface and without having to visit any office.
    • Through the Portal, they can monitor the status of their application which ensures transparency in the process.
  • Garima Greh:
    • The scheme aims to provide shelter to Transgender persons, with basic amenities like shelter, food, medical care and recreational facilities.
    • Besides, it will provide support for the capacity-building/skill development of persons in the Community, which will enable them to lead a life of dignity and respect.
  • National Council for Transgender Persons: In pursuance of the Transgender Persons (Protection of Rights) Act, 2019, the National Council for Transgender Persons has been constituted to perform the following functions for the welfare of the transgender community:
    • to advise the Central Government on the formulation of policies, programmes, legislation and projects with respect to transgender persons;
    • to monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons;
    • to review and coordinate the activities of all the departments of Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to transgender persons;
    • to redress the grievances of transgender persons; and
    • to perform such other functions as may be prescribed by the Central Government.
  • Reservation for the transgender community: The Union government is planning to bring reservations for the community under the OBC category in employment.
  • Transgender Persons (Protection of Rights) Rules, 2020: It has been framed by the government to give effect to the provisions of the Transgender Persons (Protection of Rights) Act, 2019.

 Run-up to the Transgender Persons (Protection of Rights) Act,2019

  • 2013: An expert committee was constituted to study the problems of transgenders and give recommendations for improvement in their wellbeing.
  • 2014: Supreme Court in the National Legal Services Authority v. Union of India case declared transgender people as a ‘third gender’. It further added that the fundamental rights will be equally applicable to transgender people and gave them the right to self-identify their gender.
  • 2014: A bill by a private member was introduced namely, the Rights of Transgendered Persons in the Rajya Sabha. However, this Bill got lapsed.
  • 2016: The Government introduced the Transgender Persons (Protection of Rights) Bill, 2019 which went for scrutiny to a Standing Committee.
  • 2019: The above-mentioned bill was passed by both the house and the Transgender Persons (Protection of Rights) Act,2019 came into place.
  • 2020: National Council for Transgender Persons was constituted in pursuance of the above act.

The Transgender Persons (Protection of Rights) Act, 2019

Salient provision of the Act:

  • Defines transgender person:
  • The Bill defines a transgender person as one whose gender does not match the gender assigned at birth.  It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra. 
  • Intersex variations are defined to mean a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.
  • 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
  •  Right of residence: 
  • 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.
  • Employment: 
  • 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.
  • Education: Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.
  • Health care: 
  • 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.
  • 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.
  • 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.
  • Offences and penalties: The Bill recognize 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. 
  • Penalties for these offences vary between six months and two years, and a fine.
  • National Council for Transgender persons: The Act provides for National Council for Transgender persons (NCT). The NCT will consist of: 
  • Union Minister for Social Justice (Chairperson)
  • Minister of State for Social Justice (Vice- Chairperson)
  • Secretary of the Ministry of Social Justice
  • one representative from ministries including Health, Home Affairs, and Human Resources Development. 
  • Other members include representatives of the NITI Aayog, and the National Human Rights Commission. 
  • State governments will also be represented.  The Council will also consist of five members from the transgender community and five experts from non-governmental organisations.

 

Way Forward

  • The establishment of National Council for Transgender Persons has been a welcome step to mainstream the community in the society and increase sense of respect for transgender community. 
  • Effective functioning: Though the state along with civil society must ensure the effective functioning of the council with respect to identifying the challenges faced by the community and redressing it.
  • Social engineering: There is a need to sensitise the society that the community is a part of us and are co-equals.
  • Sensitising the law enforcement: There is also a need to sensitise the legal and law enforcement systems towards the challenges of the community.
  • Rectifying The Transgender Persons (Protection of Rights) Act, 2019: There are certain shortcoming in the act which should be rectified by the government. They are:
  • The Act does not say anything about granting reservations to transgender persons.
  • There is a provision for penalising organised begging which is coercive in nature as many of the community members don’t have avenues for livelihood.
  • There is no provision penalising rape or sexual assault of transgender person.

Source: TH

 
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