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DAILY NEWS ANALYSIS

  • 28 March, 2021

  • 3 Min Read

Transgender Rights

Transgender Rights

As per the Census 2011, there are 4,87,803 persons under the category called ‘Other’.

  • Among all the states, top four states with high transgender population were UP, AP, BH,MH.
  • Younger individuals, women, people with higher levels of education, and people with higher incomes are more approving of transgender rights.
  • Mexico, Cuba, Equador, Bolivia, S.Africa, Portugal, Sweden, Nepal has one of one of the most progressive laws to protect gay rights by according Constitutional Protection against discrimination based on sexual orientation.
  • W.Asian, C.Asian countries, Myanmar, Malaysia, Sri lanka Criminalize consensual activities between transgenders, to the score of life imprisonment to death penality.

  • China, Russia, Indonesia, Paraguay, Turkey Neither grants Protection nor criminalise Transgender activity.
  • India grants limited protection, with passage of Transgender Rights bill in 2019.
  • State laws to protect transgender population:
  1. Odisha -‘Sweekruti’ to secure the rights of transgender persons and ensure equitable justice. Skill upgradation, legal aid, health care provision
  2. Kerala: Transgender policy in 2015, Schools, Justice board for welfare of transgenders, Fully Transgender run metro station, G-Taxis: entirely owned and run by transgenders, free sex-reassignment surgeries.
  3. TamilNadu: Transgender welfare policy, free surgeries, first state to form Transgender board with members from the community.
  4. Chandigarh: Transgender board comprising members from all deparments viz., police, health, social welfare, education and the law department.
  5. In April 2017, the MoDWS instructed states to allow transgender people to use the public toilet of their choice.
  6. Other states which follow the lead are: MP, MH, BH, RJ, DL, JK and AP.
  • Transgender activist, writer A. Revathi became the first hijra to write about hijra issues and gender politics in Tamil. Her work was recognized by Cambridge University
  • Joyita Mondal was appointed to the Islampur Lok Adalat, becoming West Bengal's first transgender judge.
  • Shabnam Mausi is the first transgender Indian to be elected to public office. She was an elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 2003.

The Transgender Persons (Protection of Rights), Act, 2019.

Important Points:

  • Nondiscrimination against a Transgender Person in educational institutions, employment, healthcare services etc.

· Recognition of identity of Transgender Persons and to confer upon them right to self-perceived gender identity.

· Provision of right of Residence with parents and immediate family members.

· Provision for National Council for Transgender Persons to advice, monitor and evaluate measures for the protection of their rights.

· Provision for formulation of welfare schemes and programmes for education, social security and health of Transgender Persons.

Other provisions: -

  • i) Union Minister for Social Justice (Chairperson); (ii) Minister of State for Social Justice (Vice- Chairperson); (iii) Secretary of the Ministry of Social Justice; (iv) 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. Five representatives of transgender community from the State/UTs by rotation and five experts to represent NGOs or associations working for the welfare of transgender persons are to be nominated by the Central Government.
  • 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.
  • Clause 18- Prescribes offences against transgender persons and penalties. Also, one of the functions of Council is redressal of their grievances.
  • Clause 19 Central Government shall appropriate such sums to the National Council as may be necessary for carrying out the purposes of this Act.

National Portal for Transgender Persons which provides for the procedure for identification certificates issued by the District Magistrate has been established and is functional in all districts of the country.

Source: PIB


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