2 years, 8 months ago-
In 2019 transgender rights bill was passed last, but is a new law beneficial for them? The critiques have termed this new law inadequate and discriminatory on many terms. Trans activists groups have critiqued several trans rights bills since the first one was passed in 2016. The lawmakers failed to consider the main concerns that have been raised for many years. The result is that the new law will violate the rights of equality of trans people rather than respecting them and uplifting the long-persecuted communities.
The major flaw in the new law is the procedure that is mandated for legal gender recognition. It is a process by which trans people can declare their identity to be reflected in the documents. One of the steps requires the person to provide proof of surgery, issued by a hospital official, to the District Magistrate for a second evaluation, and the official must be satisfied with the correctness of such certificate. This gives arbitrary power to that government officer. It also forces people into medical procedures that are against their will and hence the violation of a fundamental right.
The Supreme court has held that trans people deserve the government’s recognition on their terms, without any intervention or discrimination. In 2014, Supreme Court in NALSA v. India ruled that transgender people should be recognized as a third gender so that they may enjoy all fundamental rights and specific benefits in education and employment. The bench ordered that Transgender persons have a right to decide their gender and this should be recognized by state and federal authorities. It has been made clear that any insistence on sex reassignment surgery is immoral and illegal.
In simple words, the process for recognition and control over one’s own body should not include any medical interventions. But if an individual’s identity or transition process requires medical support, those services should be available and accessible and without any discrimination.First of all, about transgender people, the most feared issue is our society. Yes, government has launched a few schemes on 2014,’16 to make this discrimination clear, to allow them as a third-gendre and give them proper access to education, health Organization, employment and so on. But how much these issues make any better position for hizras from begging in roads, buses, trains , that’s really a typical issue.
From people’s minds, maybe they are clear about law but still can’t consider transgender as members of our family.
Some organizations or states launched schools for trans human beings which is obviously appreciated but if there’s no discrimination against them, why we can’t see transgender in our public schools sitting besides other children. And if somehow there’s one, he/she has to constraint about gender reveal. Otherwise ill remarks like ‘chakka’ and hizre will continuously abuse them.
Yes, right to transgender person bill preserve right to equality, Non-discrimination, education, free speech, life and personal liberty,live in a community, integrity and protection from torture, abuse, violence, exploitation.
But just how much liberate they are? There’s just a few countable citizens who really accepted a transgender in their community and above all, they clearly states that no transgender should come among gentleman’s community. Our newspaper are printing like ‘ India’s first transgender…… ‘. If they already had this much liberation, then why first?
With the employment issues, there’s much ‘only for female’or ‘ only men can apply’ type of jobs. Have you ever seen ‘ only for transgender’? So, it’s clear that maybe there’s no discrimination in government jobs, but having total liberation is still out of reality.
In some practical reports. We can see transgender people are always afraid with health issues. They are being harrased as nobody from parliament is not going to walk into there with them obviously.
They are often seen as vectors of HIV, though it practically has no connection with it. Trans people are so afraid to go to hospital with these HIV issues that they rather wants to meet death.
Even their own family is harrasing them. Some even report to get approx killed.
Transgender people in India are allowed to change their legal gender post -sex reassignment surgery under legislation passed in 2019 and re-assured by district magistrate. Thus it gives unofficial power to that official. Including they might have to go through some unwilling procedure.
They are never accepted by the society, thus having restricted approach to hospital management, education Center is still an ongoing issue.
So laws on transgender people is not maybe a total rejection but it has to be modified more and with these people need to be more polite and easygoing towards the transgender community.Government has launched many schemes for men and women. But what about the third gender i.e., the transgender people. Transgender people are people whose sense of psychological identity and gender does not correspond with their birth sex. They are also human beings. Despite our government has launched only two schemes in the years of 2014 and 2016.
These schemes do not completely demolish the discriminations faced by the transgender people. Still, we can see these people begging in the buses, trains, and in many public places. Why is this happening even after the launch of the new scheme in 2019?
There is something rubbish registered in the minds of the people that transgender people are not the members of the society. Even their own family members harass them. They are not even able study in the schools and sit beside with other children. Even they are bullied and abused but the parliament do not notice them. Then how can they take actions against these kinds of assaults.
The new scheme launched in 2019 requires two step process for a transgender to change their legal gender. This requires the document of post-sex reassignment surgery and this should be re-assured by the District Magistrate. In this process, these people should undergo some of the unwilling procedures.
Most of the people see them as the victim of HIV. But there is no practical theory that proves this idea of the people. They are never accepted by the society. The issues on ignoring them in the hospitals and educational complexes are still ongoing.
As the laws on transgender people provide some of the benefits to them, it also has a dark side. Some of the modifications are needed in these laws. But practically, the changes should be made in the minds of the people. Trans people cannot live a normal life until and unless people accept them as their family.Transgender is a topic which less talked about in Indian society, also but after a long time the government in 2019 transgender people passed that transgender people are being allowed to change their gender post-sex reassignment under legalization passed in 2019 and have constitutional right to reserve themselves under the third gender. Transgender should be treated with the same respect and dignity. But still, Transgender people face neglecting from jobs, schools in families, and communities they face discrimination. Society is not ready to accept them. They have to live in very poor conditions, tackle abusive, even if laws have passed there is not much change happen from them they still more laws for their safety and security. The y don’t get the health care benefit. People should start accepting them as they are, make them part of our life also they have the right to live a normal life. But now something is slowly changing we can see informs male, female and other, options, colleges, and institution are ready to accept them and give admission, people are open about their sexuality letting people know who they are earlier people used to hide their sexuality because of society fear they will not accept them. I hope they receive the same recognition in companies also. Transgender is very sweet and helping nature. There is no solution to bring equality and recognition for transgender people and they have to keep fighting for them. Also, people should make it clear transgender people are not burdened they are equal as we are.
Transgender is a term used for people who have a different gender identity than the one they had at birth. In 2019, the Transgender Persons (Protection of Rights) Act was passed. It was met with lots of criticism. Many transgender people and activists felt that this act held them back rather than protecting them.
It has many disadvantages. Many trans people feel that this bill is not worth celebrating. The bill was drafted by non trans people who did not even consult transgender people so this bill is full of assumptions and misconceptions.
The people who committed crimes against transgender people get less time in jail than people who committed crimes against cisgender people.
The Bill made no mention of fundamental rights of trans people: such as, adoption and marriage.
If they want to be seen as transgender people, they must register with the government. This process is discriminatory because we do not know on what basis the committee is going to evaluate them on. To obtain the certificate, one must show proof of sex reassignment surgery. This is bad because, some might not want to proceed with the surgery and they might have to get it because the government requires them to. Also, some cannot afford it. Ironically, the 2014 Bill gave them the right to choose their own gender.
These laws often provide more difficulty than ease for trans people. The bill was drafted without the opinion of a trans person and it’s very obvious.
The attitudes of people towards trans people are also very bad. Many do not like the fact that there are people who do not identify with their gender identity at birth. They think behavior like this is abnormal. They also face transphobia on an almost daily basis. Trans people do not get any jobs and are often poor, so they have to resort to begging. Some people think they’re scary but they just want to be understood. They are normal. They deserve rights which truly represent them.Transgender people who differ from the society thinking and existence of only two gender which is man & women because of this they has different appearance towards society , transgender has historically ignored , abuse , humiliated and made to suffer. The problems from which transgender suffer from education, unemployment, homelessness, health care facilities, depression, alcohol abuse and discrimination. To protect their rights and to solve their problems, Constitution of Indian provided them their own rights not only that The Supreme Court has given them right to be recognized as “Third Gender”. The government introduce the bill for transgender person protection of Wrightsville on 2019 on 19 July and passed by lok Sabha on 5th august 2019 then the bill went to rajya sabha and clear on 26th November 2019 the bill was protect the rights of the trans community , This law sill require in trans people to get a certificate from the district magistrate which means they certified that the person is trans gender , But not every trans person is happy. This bill also criminalizes for sexual abuse , a person can be prisoned for six month to two years for committing any abuse act against any trans gender person. The transgender peoples is not happy because the sentence of sexually abuse against a trans gender person is les than that of sexually abuse of women , if a women gets raped then the accused go to jail for seven years to full life but for trans people it’s for six months to two years.
Normally society distinguishes genders as males and females but many of them don’t see or value the ones who are transgender. Transgender are ones whose gender does not come in exact male or female category, they are born as male and female but the behavior or structure or identity differs from others. It is not only those transgender’s genitals are intermixed but many a case it also includes people whose behavior and cations differ from normally expected from everyone.
Talking about laws and rights, the court gives rights to transgender under Articles 14, 15, 16, and 21. So they should not be discriminated against on the ground of gender. These laws are much needed to be practiced.
Now the time has changed and people understand and don’t discriminate much, but back then it was not like that, in fact, the family was the one who treated them very differently and not equally. The laws are helping them and now there are many changes in each field, like in education there was a time before when they are not allowed in schools, employment was not provided harassment was seen, transgenders were neglected by society and people gave them names and discriminated and distinguished them from a normal human being, but after the amendment of The Transgender Person (Protection of Rights) Act,2019. |
Laws really work if each individual understands and doesn’t treat others small or laid down because of their gender. Things take time but with each little effort, we can make it a better place for everyone.The transgender equality bill has played a significant role in LGBTQ history in India. The law has been marketed as a landmark piece of legislation with key changes including broadening protections against discrimination, increasing the length of time for which trans people can access their government-issued documents, and changing the legal definition of sex to include gender identity. Is it due to these laws are that there has been a significant increase in the number of suicide and suicidal attempt cases among transgenders? Indeed, there have also been better serve and more support systems created for them. But why can’t we give people an option to choose who they want to be?
The biggest problem with the new bill is the process that must be followed for legal gender recognition. It is a process by which trans persons can declare to the District Magistrate (South) their identity to be reflected in various documents such as birth certificates, passports, etc. One of the steps within this process requires trans persons to submit proof of surgery, issued by a government hospital official, to the District Magistrate for a second evaluation and he/she must be satisfied with the correctness. The new Transgender Persons (Protection of Rights) Bill, 2016 does not address a misalignment with the Constitution. In India, there is no fundamental right to self-identify one’s gender. The state does not yet recognize the third gender and nor do courts. There are also problems around health care in India: they provide no universal financial support for trans health needs, including treatment for gender dysmorphia.
The social and medical ravages of the third gender are well known and the Supreme Court has brought succor to most of them for now. Rather than being seen as perversity by society, transgenders must be given due respect and their societal space enlarged. This should extend to greater educational opportunities in modern India where education is a vital key to economic self-reliance. Human rights should be a foundation for a country’s legal system. Approaching social issues with an understanding of human rights principles should help countries address issues related to transgender people respectfully and effectively. We can see how this is already working in some countries with good laws protecting transgender people without requiring unnecessary medical interventions.
The laws on transgender are to differentiate the kind of gender dysphoria people should be treated with medical procedures instead of being recognized as gender minorities to be accepted and lived with dignity. After the rapid advancement of human rights, this question may sound controversial. However, it is necessary to ask and answer such questions. Within the context of transgender people’s fight for a discrimination-free life, this blog seeks to explore the topic.
I don’t feel so that even after so many laws and acts LGBTQ+ community is safe in this orthodox
society. We often see in the news and even around us that these people are treated just like untouchable, they are pushed out of society and sometimes it leads to honour killing.
We should look beyond the binate of the spectrum so that we can understand this community their needs and their nature.
In India, although the supreme court and high court are dealing with cases regarding marriages of these community. And even made many changes in marriage acts of Hindu (1955), Muslim (1872) and Christian (1937) still there are many evils existing that do not allow this community to live happily.The government of India has enacted the transgender protection act 2019 in which it is the constitutional right to protect the employment, education and health of this community. There shall be no discrimination against this community but still is this happening. Are they free to live, free to tell people about their identity., free to chose their partner.
Now courts have recognised them as the third gender in their landmark judgement of national legal service authority versus UOI.
Even after so many rules and regulation many people mainly those who have a cheap mentality tries to take advantages of this community. They are raped, harassed, insulted publicly, beaten up and many more. These things usually start from their own family when they start treating them as inferior. Even if they commit suicide after so much torcher no local authority of that particular area takes interest in it.
They face discrimination in right to vote, employment and even in getting a licence. They are bullied every day by their co-workers and even by their siblings. They are sometimes forced into the human trafficking trap.
We need to understand we need to work upon this community even they are human they have the right to live their life with dignity.
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