CRITICISM OF TRANSGENDER ACT BY ABHISHEK JAIN

INTRODUCTION

The Transgender Person Bill was passed by the Lok Sabha on August, 2019 during its monsoon session. The Rajya Sabha later also passed bill on November, 2019. This is the winter session of the Parliament of India. The President of India Mr. Ramnath Kovind gave their assent on the bill. This law later made into the law.

As we are a citizen of one country that is India where culture and religious plays an important role so it is the duty to us to respect it’s each and every citizen either man, women or transgender person. Like every man and women, transgender person is also a human. So we respect them also. There is no need to discriminate. They all have the right to life, right to education, right to movement, right to freedom and all rights that every man and women enjoy. It is the duty of government to frame new policies and programme for them. So they easily educate and came forward. It is said that the blessings of  transgender person is the biggest blessings. In India, people give money and so on to transgender to earn blessings. With this, if we help these persons we also earn blessings. We have to help them in all field whether it is related to occupation, education, etc. As a citizen of India they have the equal rights as each and every citizen enjoy. No discrimination.

The basic aim of the Transgender Person Act, 2019 is to benefits the transgender community and to empower them in all fields including social, economic, educational and many more. Through this Act, they come forward and participate in day to day events. This results in no discrimination. For example, I have a six fundamental rights provided by the Indian Constitution. So as same all the six fundamental rights provide to transgender person. The following are the six fundamental rights :

  1. Right to equality
  2. Right to freedom
  3. Right to freedom of religion
  4. Right against exploitation
  5. Cultural and educational rights
  6. Right to constitutional remedies

These rights are provided to each and every citizen of India either man or women. Mrs. Swati Bidhan Baruah is the first transgender Judge of Assam. This shows that small support to transgender person gives big results. This is really very appreciated!

In the case of National Legal Services Authority VS Union of India and others, The Supreme Court stated that along with male and female and the transgender community must be recognised ad the third gender community. The court also ordered that both state and central government make policies and programme for the welfare of the transgender persons by providing medical facilities, educational facilities and reservations.

HIGHLIGHTS OF THE ACT
  1. IDENTIFICATION – For the certification of identity of transgender person an application was made by transgender person to the District Magistrate. Then District Magistrate issue the certificate. The transgender person will have a right of self perceived gender identity stated by law.
  2. DEFINITION OF TRANSGENDER PERSON – New definition of transgender person was given by the act. According to the Act, transgender person is the one whose gender does not match with the gender assigned them at the tine of their birth and also includes both trans-men and trans-women. (whether the person under gone any hormone therapy, laser therapy and any other therapy).
  3. PROHOIBITION AGAINST DISCRIMINATION – The act also prohibits the discrimination against transgender person. It means that act protects transgender from discrimination. Now with this act, there is no discrimination with transgender. The act prohibits discrimination against transgender, including denial of service or unfair treatment like education, employment, medical facilities, fight to movement, they have to provide opportunity to work in public offices, access to enjoy all facilities that are enjoy by public.
  4. NATIONAL COUNCIL FOR TRANSGENDER PERSONS – The act also provide that central government has to establish a National Council for Transgender Persons. The work of this body is to advice, control, evaluate and frame policies and programme for transgender persons. The NCTP also redress the grievance of transgender persons.

CRITICISM AGAINST THE ACT

As we know that every bill and act have arguments. There are two sided people one who support or other who oppose. So like in every act this act also have many criticism. In this act because of the lack of understanding of gender, the act has many flaws and some of the flaws of this act are following:

  1. In Article 14 of the Indian Constitution, all rights are mentioned that are given to transgender person through this act.
  2. The certification issued by District Magistrate also violates the Right to Privacy guaranteed under Article 21 of the Indian Constitution. The method of certification of transgender person also distinct transgender persons from society.
  3. The definition of transgender person mixed with inter sex variation. The act is not defined any proper definition and meaning of transgender.
  4. No penalty was given, when someone discriminate against transgender and in the act itself ‘discrimination’ was used but there is no definition of discrimination and non discrimination.
  5. When District Magistrate denied to issue a certificate to transgender person. Then, District Magistrate does not need to mention the reason of refusal. The act remains quiet when District Magistrate refuse to issue transgender person certificate. So, in this situation can transgender person appeal in court? Or what they have to do?
  6. The Act is also quiet in issue such as the judgement forced the government to declare transgender person community as socially and educationally backward. It is very important to extend scholarship and quota for admission in institution and for appointment.
  7. When male or female is sexually harassed, abuses or assault then there is a high form of punishment. And when any transgender person is sexually abuses, harassed or assault then there is only a just two years punishment. This clearly shows the discrimination. We have to end this discrimination. The government have to reframe the act again.

CONCLUSION

The Act is mainly the judgement of the Supreme Court of India. In the case of National Authority of Legal Services 2014, the Supreme Court ordered to mandate the central and state government for the welfare of transgender person and take more effective steps, to ensure legal aid to them. But there are many questions arises. The Act cover all the points but only about the transgender person community. This Act is more about the judgement. There is no proper meaning and definition of transgender person. So, this bill become an act now what they do with this act? This is a type of incomplete act for them.

In last, I put my opinion in this that government have to appoint one committee for scrutinizing the act once again and mention various amendment. The Act have to be frame again in that form so the current status of transgender improves. There is only one hope for transgender person that only the National Council provides the institutional framework for the implementation of act.

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