The Transgender bill finally became an act in the parliament with majority of 74 votes, defeating opposite party by 55 votes and signed by president August 5th 2019. Root of this originated from NALSA VS Union of India, judgment given by Supreme Court of India. which gave reorganization as third gender and all rights as that of citizen(civil rights) ( whose brain and body repudiate their natural sex) network additionally faces segregation to challenge political decision, right to cast a ballot, work, to get licenses and so on and, basically, treated as an outsider and distinct. Learned senior direction additionally presented that the State can’t separate them on the ground of sexual orientation, damaging Articles 14 to 16 and 21 of the Constitution of India. April 2014, the Supreme Court permitted the appeal and held that the privilege to communicate one’s personality in a non-twofold sexual orientation was a fundamental piece of opportunity of articulation, and people must reserve the option to communicate their self-recognized sex. It guided the administration to give lawful acknowledgment to the third sexual orientation, with the end goal that people would have the option to distinguish themselves as male, female or third sex. It additionally requested the administration to find a way to evacuate the social shame, advance transgender-explicit wellbeing projects, and award them equivalent lawful insurance schemes.[i]
INTERNATIONAL LAW FOR TRANSGENDER PEOPLE
The United Nations has played a key role in campaigning for the protection and advancement of the rights of sexual minorities including transgender people. Article 6 of the 1948 Universal Declaration of Human Rights and Article 16 of the 1966 International Covenant on Civil and Political Rights (ICCPR) accept that every human being has an intrinsic right to live and that that right is protected by law. Transgender person has every right as that of others anywhere and everywhere equally recognised by law. The Yogyakarta principle[ii] states that they have right to privacy as that of others,self-determination of sex as part of privacy and it must be Guaranteed that prerequisites for people to give data on their sex or sex are pertinent, sensible and fundamental as required by the law for an authentic reason in the conditions where it is looked for, and that s uch necessities regard all people’s entitlement to self-assurance of sexual orientation Guarantee that changes of the name or sex marker, as long as the last exists, isn’t uncovered without the earlier, free, and educated assent regarding the individual concerned, except if requested by a court.
HISTORY OF TRANSGENDER COMMUNITY IN INDIA
Transgender people are locally called as Hijras, eunuchs, Kothis, Aravanis, Jogappas, Shiv-Shakti’s. They have strong history in our country and evidence in Hindu mythology and other religious texts. In the epic Ramayana, Lord Rama accredited them with power of blessing people during special occasions like marriage, childbirth and inauguration. Jain text also recognizes them as ‘psychological sex’. During medieval Indian Mughal rule (Hijaras) transgender people played a prominent role in royal courts. In south India Lord Shiva himself form as Ardhnarishivara—half man and half woman.[iii]
WHAT IS SEX? WHAT IS GENDER?
People has to get something clear about it, sex is different from gender. Transgender is a common term used for people whose gender does not match with the sex they were born here sex refers genitalia or body organs. Gender is a society’s definition for differentiation between men and women. It is not a form of mental sickness, but “widely accepted medical state” characterised by an “overpowering sense of different gender identity.
CHALLENGES FACED BY TRANSGENDER PEOPLE
Before NALSA judgment there was no proper identity documents for them. self-perceived gender identity in Section 4(2) of Transgender Act 2019 but Section 5 of the act says that they have to undergo medical test, and for getting identity certificate from district magistrate in case of minor parents or guardians have to apply in a typical society like India no parents will accept their child as transgender . Want to get an identity card; they must stand naked in front of a team of doctors, officials and members of the community. This process is arbitrary and there is still no scope for redress and even the application for such a certificate is denied. Appeal procedure has not been said in this bill and it seems tooth less.[iv]
Verbal abuse of transgender people by calling them by signals, sounds. In this act Section 18(d) i.e. any form of verbal or physical abuse shall be punishable. Access to public toilets been a big issue for them in United States (bathroom) bill has been passed to construct separate toilets for them in public places.
Madras High Court on April 2019 said that marriage between Transwomen and men is considered as void under Section 5 of Hindu Marriage Act, 1955 hence it is registerable. In this Act of 2019 there is no such provision for it and for adoption laws also.[v]
ACCEPTANCE BY COMMUNITY
Discussing position in the transgender network, the networks of Hijras, Jogtis, and Aravanis (different networks having transgender individuals) in Maharashtra for the most part involve lower cast transgender people. The odds of an upper-caste individual turning out and going along with one of these networks are low.
Be that as it may, for Dalits (individuals considered untouchables as indicated by the oppressive position framework rehearsed in India), station segregation exists even inside the Hijra people group. After a transgender individual flees from home to join the Hijra people group, they must be acknowledged by a master and got into a gharana. Numerous multiple times, an individual from the lower cast is denied acknowledgment by masters (gurus). “The customary practices inside the Hijra/Jogti/Aravani culture have station framework intertwined inside them.[vi]
PUBLIC ACCOMDATION SERVICES
In hotels, lodges, temples and public places they were denied entry and services.
This act says only about discrimination and did not provide a clear cut definition for it .In NALSA judgment supreme court gave direction to grant reservation to them. But none of the bills or this act mentioned it. Faizan Siddiqui vs. Sashastra seema baleven though it is against equality under Article 21 they are been considered as physically and mentally unfit to perform in military jobs.[vii]
They also have right to form a family. Transgender act did not spoke anything about marriage or adoption rights etc. In most of the cases their own family does not accept them. They face violence in form of beating in their home for their behaviour. Still typical Indian society does not accept them as their family members.
FORCE ON INFANTS
Sex reassignment surgery force fully done on infants by their parents. Children should be given time and space to discover them first direction given by Madras High Court by justice G.R.Swaminathan. Because of social pressure parents force them or without their concern this surgery is performed on them. In this bill for applying identity certificate minor parents or guardian should apply in most of the cases they does not do so.
STATE WELFARE MEASURES
Tamil Nadu government gave Ration food card to transgender people and welfare board has been set for their better living and to empower them bank loans provided with 25% subsidy. In the states Tamil Nadu and Kerala, where transgender people could find a workable pace reassignment medicinal system, free housing, affirmation in government schools with full award and elective wellsprings of business through advancement of personal development gatherings. Orissa the first state in India to provide pension, housing and education, food grains to transgender people by adding them in below poverty line category.
In most of the pension schemes includes pension for the person above the age of 40. The amount given as pension is insufficient for their day to day life. The Mythri scheme gives Rupees 500 per month. That scheme not applicable to transgender people of young age group. A Trans women states that says that they can earn more than the amount per day as sex worker and how this scheme will be helpful to us?
RIGHT TO LIVE WITH THEIR COMMUNITY
Transgender bill 2015 Section 9(1) state they have every right to stay or join with their community people. State must provide shelter or care homes to those people who wereabounded by their families.
Even there is no accurate number of populations in India they are around half a million according to 2011 census. State of Uttar Pradesh has the highest population and most of the transgender people move toward metropolitan cities for their lively hood.
CRITISISM OF THIS ACT
This act upsets the transgender community at large. This identity certificate will just distinguish individuals as transgender, not as male or female, except if the individual has experienced sex reassignment medical procedure and can give verification. They need to be recognized as a male or female, not transgender, yet without medical procedure that is beyond the realm of imagination under the new act. This is practically similar to compelling our bodies into medical procedure medical procedure is restrictively exorbitant and hard to get to. It’s not an easy job they have to undergo huge pain and psychological pressure for it and reassignment surgery is costly too. The interest to make sex reassignment medical procedure free or far less expensive isn’t referenced in the bill. A bill ought to be healthy and thorough. Why not give a month and a half at any rate, send it to Select Committee and afterward you listen to them?” said Tiruchi Siva. This act only speaks about national level commission and only five members from transgender community as representatives they seek for state level commission too for easy access and representation for whole community just five persons cannot express the full problems faced by them and get grievance redresal soon. The Transgender Persons (Protection of Rights) Bill was passed in the Lower House in August 2019. Despite the fact that the demonstration gets rid of some questionable arrangements that existed in the 2018 bill, including criminalization of asking, serious analysis proliferates in light of the fact that it doesn’t give transgender individuals the privilege to self-recognize their sexual orientation without having engaged in sexual relations reassignment medical procedure. The bill of 2015 sec 6 states equality and non-discrimination under art 15 of our constitution.This act 2019 does not strictly mandate for conducting welfare campaigns and works for the people transgender community. Abuse amounts to outranging modesty of them and it should be punishable under sec 354 of IPC. Help line number should be setup for them in case of any emergency. “The most serious issue is … how might they choose your sex personality? In the event that you have not experienced a sex reassignment medical procedure, do you have no chance to get of picking your personality? A considerable lot of us get a sex-reassignment medical procedure after years and many years of living in an outsider body[viii]
Main demand of transgender and strong statement given by Supreme Court in 2014 NALSA judgment to treat them as socially, economically backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments”, scholarships also to be provided for them because there is life source for them.
OFFENCES AND PENALITIES
Murder, rape, sexual abuse and verbal abuse on transgender on public places and they are treated as untouchables. Section 18 of the act of 2019 “shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine”. But in Indian penal code ( Sec 376 ) shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine
PERSONS AFFECTED BY HIV
Since they were cornered by this society for their livelihood most of the transgender population works as prostitutes and beggars, forced labours and has been affected by this kind of diseases.
United States passed a bill called bathroom bill for constructing restroom facilities for transgender people in public places and schools.
UTILIZING APPROPRIATE RESTROOMS IS AN ESSENTIAL PART OF TRANSITIONING. The most basic part of sexual orientation progress, as indicated by the universally perceived therapeutic convention set by the World Professional Association for Transgender Health, is to guarantee that a transgender individual can live, be seen and be treated by others in an issue predictable with the individual’s sex personality. Becoming acclimated to utilizing the suitable bathroom is a significant piece of this procedure. Also, transgender individuals must make this stride a long time before continuing—if by any means—to medicinal mediations including hormones or medical procedure.
“HOLDING IT” MAY BE HAZARDOUS TO YOUR HEALTH. Word related Safety and Hazards Administration (OSHA), postponing heading off to the restroom when you have to go is undesirable, thus, work environment arrangement may not empower it. This isn’t to specify the getting dried out impacts of attempting to abstain from utilizing bathrooms by restricting admission of fluids, another basic system for TGNC individuals exploring awkward washroom circumstances in the work environment and at other open facilities.
DO ALL TRANSGENDER PEOPLE UNDER GO TRANSITION?
Not every single transgender individual’s change. For the individuals who do, not all change similarly. Some may progress socially and not medicinally. Some may change restoratively by doing one or just a couple of the methods recorded previously. Some may take hormones and choose not to have any medical procedures, or simply pick one sort of medical procedure and none of the others.
There are numerous purposes behind the distinctions in how individuals change. These medicinal systems can be over the top expensive, which implies that not every person can bear the cost of them. Some transgender individuals may have medical coverage that spreads change related systems, and some may not. Lastly, yet in particular — not all Tran’s individuals need the entirety of the accessible medicinal methodology.
Beyond barriers transgender comes out. There are some best inspirations. First transgender judge Joythimandal of West Bengal. Rani Kinnari a first transgender cab driver like her there are numerous examples set by these people to our society.[ix]
The activists’ interest
was for extensive enemies of monstrosities and hostile to segregation enactment
that would have the option to maintain equivalent access to social equality.
Yet, they state the new bill’s separation proviso isn’t obviously
characterized, which implies the measure will have no teeth. It likewise
doesn’t unequivocally state regular types of separation in business, training
and housing. The punishment for sexual brutality referenced in the bill is
lower than for such wrongdoings against ladies and doesn’t characterize
explicit physical sexual offenses that transgender individuals face, activists
said Supreme Court perceived the privilege of self-assurance of sex personality
to the trans network, recognizing the requirement for governmental policy
regarding minorities in society too .though many laws and legislations comes
change in society will only bring better relief to them for sure. People must
change their way of look on transgender people.[x] Now
in IRCTC government website of Indian railway allotted a Colom for transgender
to choose their gender (male,female, transgender) not saying them as other
gender, this is aappreciable move by the government.
[x] https;//Uptake of social protectin.pdf
About the Author
Janani P B, 5th Year Student, School of law, Shastra Deemed University