Transgender Persons (Protection of Rights) Bill 2016 introduced in Lok Sabha

By | August 2, 2016
(Last Updated On: August 2, 2016)

Bill No. 210 of 2016

THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016

Date of Introduction 02/08/2016
(Lok Sabha)

Salient Features of Transgender Persons (Protection of Rights) Bill 2016

The Transgender Persons (Protection of Rights) Bill, 2016 seeks to—

(a) define a transgender person;

(b) prohibit discrimination against transgender person;

(c) confer right upon transgender person to be recognised as such, and a right to self-perceived gender identity;

(d) issue of certificate of identity to transgender persons;

(f) provide that no establishment shall discriminate against transgender person in matters relating to employment, recruitment, promotion and other related issues;

(g) provide for grievance redressal mechanism in each establishment;

(h) establishment of a National Council for Transgender;

(i) punishment for contraventions of the provisions of the Bill.

Transgender person defined in  section 2 (i) of the proposed Bill 

(i) “transgender person” means a person who is—

(A) neither wholly female nor wholly male; or

(B) a combination of female or male; or

(C) neither female nor male; and

whose sense of gender does not match with the gender assigned to that person at the time of birth, and includes trans-men and trans-women, persons with intersex variations and gender-queers.

Application for certificate of identity. [ section 5 of the proposed bill]

5. A transgender person may make an application to the District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and accompanied with such documents, as may be prescribed:

Provided that in the case of a minor child, such application shall be made by a parent or guardian of such child.

Offences and penalties.[ section 19]

Whoever,—

(a) compels or entices a transgender person to indulge in the act of begging or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

(b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use;

(c) forces or causes a transgender person to leave house-hold, village or other place of residence;

(d) harms or injures or endangers the life, safety, health, or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse;

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.

STATEMENT OF OBJECTS AND REASONS

Transgender community is one of the most marginalized communities in the country because they do not fit into the general categories of gender of ‘male’ or ‘female’. Consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on.

2. Though article 14 of the Constitution of India guarantees to all persons equality before law, clauses (1) and (2) of article 15 and clause (2) of article 16, inter alia prohibit in express terms discrimination on the ground only of sex and sub-clause (a) of clause (1) of article 19 ensures freedom of speech and expression to all citizens, yet the discrimination and atrocities against the transgender persons continue to take place

3. The Hon’ble Supreme Court, vide its order dated 15th April, 2014, passed in the case of National Legal Services Authority Vs. Union of India, inter alia, directed the Central Government and State Governments to take various steps for the welfare of transgender community and to treat them as a third gender for the purpose of safeguarding their rights under Part III of the Constitution and other laws made by the Parliament and the State Legislature.

4. The Transgender Persons (Protection of Rights) Bill, 2016 seeks to—

(a) define a transgender person;

(b) prohibit discrimination against transgender person;

(c) confer right upon transgender person to be recognised as such, and a right to self-perceived gender identity;

(d) issue of certificate of identity to transgender persons;

(f) provide that no establishment shall discriminate against transgender person in matters relating to employment, recruitment, promotion and other related issues;

(g) provide for grievance redressal mechanism in each establishment;

(h) establishment of a National Council for Transgender;

(i) punishment for contraventions of the provisions of the Bill.

5. The Bill seeks to achieve the above objects

FINANCIAL MEMORANDUM

Sub-clause 2 of clause 9 of the Bill states that the appropriate Government shall take such measures as may be necessary to protect the rights and interests of the transgender person, and facilitate their access to welfare schemes framed by that Government.

2. Sub-clause 3 of clause 9 of the Bill states that the appropriate Government shall formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory.

3. Clause 15 of the Bill states that the appropriate Government shall formulate welfare schemes and programmes to facilitate and support livelihood for transgender persons including their vocational training and self-employment.

4. Clause 16 (1) (g) of the Bill contains provision for coverage of medical expenses by a comprehensive insurance scheme for transgender persons.

5. Clause 17 of the Bill proposes to constitution of a National Council for Transgender.

6. Clause 20 of the Bill provides that the Central Government shall, from time to time, after due appropriation made by Parliament by law in this behalf, credit such sums to the Council as may be necessary for carrying out the purposes of this Act.

7. For the current financial year, an amount of 15 crore rupees has been allocated as budgetary expenditure for the transgender scheme. It is not possible at this juncture to estimate the full financial burden likely to be incurred if all the provisions of the proposed legislation if enacted were implemented. The above expenditure will be met from the budgetary allocation of the Plan Scheme for transgenders.

8. The Bill does not involve any other recurring or non-recurring expenditure.

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