The lawmakers sitting in Parliament savouring the taxpayer’s hard-earned money have once again disappointed us with their pointless antics, and the sad part is, there’s nothing new about this.
The Transgender Protection Bill 2019 has been passed in both houses of Parliament and is facing mammoth outrage from the transgender community, social activists and basically anyone who knows what the bill has to offer.
“The bill denies awarding basic human rights to TG people.”
What Does The Bill Offers?
India currently does not have any law addressing the rights of Transgender Community (TG community). Despite the discrimination faced by these people over basic necessities.
So to amend this, the government has come up with the Transgender Persons (Protection of Rights) Bill, 2019 (Bill). Although the bill seeks for the welfare and protection of the TG community, it is facing widespread protests because of lumber loopholes.
Key Features And LoopHoles Of The Bill
1. A transgender person must go through a screening committee comprising of a medical officer, a government official, a district welfare official, a psychologist and a transgender for recognition of identity.
First things first, who gave cis-gender people the right to put a stamp on the gender identity of a transgender. Secondly, this provision of going to someone for identification certificate of their gender is utterly humiliating.
This provision is straightaway a violation of human rights in all respects.
2. The bill gives the provision of the prohibition against discrimination of a TG person. A TG person cannot be discriminated against in the matters of education, employment, healthcare, right to purchase /reside/occupy a property, right to movement, opportunity to stand on public or private offices, access to Government or private establishments etc.
This is a very basic provision which is already guaranteed to the TG community by the constitution of India. So what was the need to deliberately add this in the bill?
This masquerade of affinity for TG people won’t work anymore, because we are NOT stupid!
And there’s anyway no use of this law because it doesn’t provide for any penalty/fine for people who discriminate TG people and deprive them of the basic rights.
It is not a punishable offence and also, no monetary compensation is guaranteed to TG people if they face discrimination.
What is the purpose of making a law if relief/punishment isn’t promised on breaking it?
3. Offences against TG people, like compelling them to beg, sexual or physical assault would bore a minimum of 6 months and maximum of 2 years prison time.
Are you serious? This is basically conveying the message that assault on a trans person is much lesser an offence than assault on a cis person!
They’re making laws to prohibit discrimination against TG people while legally discriminating them! *Wow*
4. The power to choose their legal guardian for runaway TG children/teenagers now resides with the court. The child’s input won’t have a say in the matter.
Why are there different laws for Trans and Cis runaway children? Why Trans children can’t be given the freedom to choose their legal guardian?
5. A standing committee has been made for the formation of welfare policies for TG people, which will comprise ministers from different ministries.
The question here is if your intentions are genuine about doing some serious groundwork for the TG community, why is there no TG person in that committee? How are you supposed to make laws for the welfare of the TG community if you don’t know them, or talk to them or listen to them?
These were some basic loopholes which are giving way to the uproar and protests against the bill.
I have one question. Do anyone, who voted in favour of the bill in both houses has a Trans person in their lives? Well, if they had, they wouldn’t have voted in favour!