Vulnerable Sections: Transgenders

Social Justice (Vulnerable Section: Transgenders)

"Be the change you want to see"

Mahatma Gandhi

Vulnerable Sections 

1. Child
2. Old Age
3. Transgender
4. Person with disability

Transgenders 

• Who are transgenders?
• Statistics
• Issues/problems faced by the transgenders
• Government efforts
• Project Transgender
• Transgender Act
• National Commission for Transgender
• Transgender person (protection of rights) rules 2020

Transgender - A transgender is someone whose gender identity or gender expression does not correspond with the sex assigned at the birth.

It is was given a separate identity as the 3rd gender in NALSA Judgement.

NALSA (National legal service authority) Judgement 2014 

• Supreme Court recognised the transgender person as the third gender.
• They were given the right of self identification
• Directed the government to give reservation to transgenders under OBC quota.
• Directed the government to establish a commission on the lines of NCSC, NCST, NCW and NCBC.

Statistics (Report published by NHRC - National Human Right Commission)

• According to census 2011, there were 4.8 lakh transgenders in India.
• Only 30,000 were registered with election commission (i.e., they have no political rights).
• 99% have suffered social rejection.
• 96% were denied jobs.
• 89% were denied even when they are qualified enough.
• 18% were physically abused in the schools.
• 62% were verbally abused in the schools.
• Only 2% lives with their parents.
• 53% lives under 'Guru-Chela' system.

Constitutional Provisions related to the rights of Transgenders 

• Article 14 - Right to equality
• Article 15 - State shall not discriminate on the basis of gender
• Article 19 - Right to speech and expression
• Article 21 - Right to life and personal liberty

Provisions of Project Transgenders 

1. A national portal for transgenders for issuing i-cards.
2. Establishment of Garima Greh to provide shelter with basic amenities, food, health care, capacity building, etc.

Transgender Act 

1. Define transgender as a person whose sex assigned at the birth does not match with the identity.
2. Provides for the establishment of a National Council for transgender person.
3. Provides for the welfare by the government
1. Rescue
2. Rehabilitation
3. Vocational training
4. Self employment
5. Policy formulation 
4. Provides for the health care services
1. HIV Surveillance
2. Sex reassignment Surgery
3. Insurance
5. It also provides for the provision for penalties in case of offence.
6. It provides for the right to self identification by obtaining certificate from the District Magistrate.
7. It also provides for the prohibition of discrimination in -
1. Education
2. Employment
3. Healthcare
4. Access to public facilities
5. Right to movement
6. Right to reside
7. Right to hold office
8. Access to establishment, etc.
8. Offences defined under this act are -
1. Forced labour
2. Denial of use of public places
3. Removal from household
4. Abuse (Physical, Psychological or Sexual)
5. The term 'Begging' has been removed from the list.
9. Penalty - imprisonment of 6 months to 2 years with fine.

State level initiatives 

• Kerala was the 1st state to formulate transgender policy (Kerala Transgender Policy 2015).
• Khudol initiative of Manipur (India's 1st transgender football team).
• Karnataka became the 1st state to provide reservation to transgender in all government services.
• Tamil Nadu established a Transgender Welfare Board.

Key issues with the act 

1. No provision for National Commission like NCST or NCST.
2. No provision for affirmative actions.
3. No district screening committee but certificate to be issued by the District Magistrate (goes against the right to self identification).
4. No review mechanism

National Council for Transgender Person 

• It is a statutory body.
• Union minister of Social Justice is its ex-officio chairman.
• It monitors the implementation of policies related to transgenders and made recommendations to the government.

Composition of National Council for Transgender Person 

• Chairman - Union minister of Social justice
• Vice-Chairman - Minister of state for social justice
• Members 
• Representatives of department of pension, Niti Aayog, NHRC
• Representative from 5 States and UTs
• 5 members from transgender community
• 5 experts from NGO related with transgender
• Joint secretary level members from health, labour, home ministry, minority affairs, rural development and law.

Functions of National Council for Transgender Person 

• To advise the central government
• To monitor and evaluate the impact the policy
• To review and coordinate various policies
• To redress grievances
• To perform other functions as presented by the Central government

Concerns wrt National Council for Transgender Person 

• Lack of transparency with respect to selection of members.
• No provisions for coordination among council and transgender development board (established post NALSA judgement).
• Inadequate representation of community
• Lack of adequate representation of problems of the unrepresented states.

Transgender Person (Protection of Rights) Rules 2020 

• It is framed by Ministry of Social justice and empowerment.

Key features of the Rules are -

1. District Magistrate will certify the gender of a person based on the affidavit without any medical/physical examination.
2. State government to constitute welfare board to protect the rights and to facilitate the access to schemes and welfare measures to the transgenders.
3. Review of all existing educational, social security, health schemes, etc. to include transgender.
4. State government to take steps to prohibit discrimination of transgenders in any private/government organisation and private and public educational institutions.
5. Establishment of Transgender sensitive infrastructure
• Example - Separate washroom for transgenders
6. State government to set up Transgender protection cell to monitor cases of offences against transgender persons.

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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

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