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The Rights of Transgender Persons Bill

The Rights of Transgender Persons Bill

Introduction • The definition of transgender includes: one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person's gender must not match the gender assigned at birth, and includes trans-men, trans-women, persons with intersex variations and gender-queers • According to the 2011 Census, India has 6 lakh people belonging to the transgender community. • The main problems that are being faced by the transgender community are of discrimination, unemployment, lack of educational facilities, homelessness, lack of medical facilities like HIV care and hygiene, depression, hormone pill abuse, tobacco and alcohol abuse, penectomy and problems related to marriage and adoption. • Thus the government of India has launched Rights of Transgender Persons Bill, 2014. • The Rights of Transgender Persons Bill, 2014 calls for equal rights and reservation to transgenders and envisages creation of a national commission and state level commissions for transgender communities. Key features of the Bill  a) Seeks to provide framework for the formulation and implementation of a comprehensive national policy for ensuring overall development of the transgender persons and their welfare. b) Two percent reservation in primary, secondary and higher education and in government jobs. c) Establishment of Employment Exchange, National and State Commissions for Trasngender Persons and Special Transgender Rights Courts. d) No child who is transgender will be separated from his or her parents on the grounds of being a transgender except on an order of competent court. e) Penalty for hate speech against transgender persons includes imprisonment extending upto one year and with fine. f) This bill will help government take necessary steps in order to ensure that transgender persons enjoy the right to life with dignity and to personal liberty guaranteed by the Constitution. After the passage of the Rights of Transgender Persons Bill, 2014 in the Rajya Sabha, the government pushed for a heavily diluted legislation called as Transgender Persons (Protection of Rights) Bill, 2016 which is still pending with the Lok Sabha.

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