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.