Transgender

Niti aayog strategy @75

Objective

• To ensure a life of dignity, social security and safety for transgender persons, enabling them to actively participate in economic development and the nation building process.

Current Situation

• The transgender community is among one of the most marginalized communities in the country. As per Census 2011, India has 4.87 lakh transgender persons.

Constraints

• Accurate identification of transgender persons is a major challenge.
• The implementation of the “Scheme for Transgender Persons” is suboptimal.

Way Forward

• Provide for identification of transgender persons in all government and non-government records by introducing a separate column to include the third gender.
• Sensitize communities towards the challenges and needs of transgender persons.
• Mandate the provision of housing and community services to accommodate at least 50 per cent of transgender persons.
• Design a scheme for providing skill and employability training to transgender persons to integrate them with mainstream society.

Transgender Person Protection Of Rights Act, 2019

Nalsa v/S UoI case 2014 SC recognised transgender persons rights to self identification as a male, female or third gender

Need of the act

• Address social exclusion of transgenders
• Help decrease discrimination in laws to transgenders
• Deal with crimes against them

Features

• Definition of transgender persons
• Prohibition of discrimination against transgender- 8 types of discrimination - denial of services or unfair treatment or prohibition on access to public goods etc included based on social and political rights
• Recognition of identity - right to self perceived identity certified by District Magistrate
• Offences against transgenders penalised with imprisonment from 6 months upto 2 years and fine. Offences- trafficking, verbal or emotional abuse, removal from household etc
• Est National Council of Transgender Persons with representatives from transgender community, govt officials and other experts
• Govt to take steps for providing access to healthcare

Issues

• No right to self identification
• No review mechanism
• No provisions for affirmative actions in access to education etc
• Lack of knowledge and research among medical professionals on transgender bodies

The act can bring a change in way people perceive and treat transgenders if implemented effectively.