Answer:

Transgender persons include all those whose own sense of gender does not match with the gender assigned to them at birth. They include a number of socio cultural identities, such as kinnars, hijras, aravanis, jogtas, etc.

The discrimination based on their class and gender makes the transgender community one of the most disempowered and deprived groups in Indian society. The various issues faced by transgender in India include:

♤ Being treated as unnatural and as objects of ridicule and even fear on account of superstition.

♤ Denial of basic rights i.e. Right to Personal Liberty, dignity, Freedom of expression, Right to Education and Empowerment, Right against violence, Discrimination and exploitation and Right to work. Lack of skill development forces them to beg or indulge in sex trade.

♤ Lack of medical facilities like HIV care and hygiene, depression, hormone pill abuse, tobacco and alcohol abuse.

♤ Isolation in matter of civil rights (regarding marriage, property ownership and adoption)

♤ Transgender status is not properly documented in census. This becomes a barrier in carrying out adequate research and formulating welfare policies concerning transgender.

♤ Eunuchs are forced by their ‘gurus’ to lead a life of servitude and bonded labourers.

The Supreme Court in its landmark Judgment in National Legal Services Authority (NALSA) vs Union of India affirmed the constitutional rights and freedoms of transgender persons. By recognizing diverse gender identities, the Court has broken the binary gender construct of ‘man’ and ‘woman’ that has pervaded Indian law. To uphold the rights of the transgenders, the Transgender Persons (Protection of Rights) Bill 2016 was introduced in the Parliament and has various provisions which include:

♤ Prohibition against discrimination: The bill prohibits discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare etc.

♤ 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 center, on the orders of a competent court.

♤ 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’.

♤ Relevant government to 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 recognizes the following offences: (i) begging, forced or bonded labour (excluding compulsory government service for public purposes); (ii) denial of use of a public place; (iii) denial of residence in household, village, etc.; (iv) physical, sexual, verbal, emotional and economic abuse.

♤ Creation of National Council for Transgender persons (NCT) - The Council will advise the central government on the formulation and monitoring of policies, legislation and projects with respect to transgender persons.

However, the Bill dilutes certain aspects of the SC NALSA judgment. Itdoes not have any provisions of reservation and self-identification. At the same time, the Transgender Persons Bill is definitely an important milestone in mainstreaming a community facing isolation and neglect for long in India.