Name: Usarapu Rohith
Academic Status: BA.LLB(Hons.) (Second Year)-
Vignan Institute of Law, Guntur, Andhra Pradesh
BRIEF EXPLANATION ABOUT THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
The Transgender Persons (Protection of Rights) Act, 2019 1 (the "Transgender Persons Act") aims to recognize the identity of transgender people and outlaw discrimination in a variety of settings, including education, employment, healthcare, owning or disposing of property, holding public or private office, and gaining access to and utilizing public services and benefits. There are 6 chapter and 23 sections are they’re in The Transgender Persons (Protection of Rights) Act, 2019 total chapters and sections says about transgender rights.
BACKGROUND
In the 2014 case of National Legal Services Authority v. Union of India2 , the Supreme Court of India laid the groundwork for the rights of transgender people in India by recognizing "transgender" as the "third gender" and prescribing a number of regulations for the elimination of discrimination against transgender people and the defense of their rights. The ruling called for accommodations for transgender people in the workplace and educational settings as well as the freedom for trans people to publicly express their gender identification without undergoing sex reassignment surgery. A private member's bill was introduced in the Indian Parliament that same year and later passed by the upper chamber of the Parliament, an uncommon accomplishment in and of itself because historically few private member's bills have advanced this far. The Indian government, however, wrote and submitted its own version of the bill to the Parliament in 2016, while the private member's bill was still pending. This version of the bill was then referred to a Standing Committee of the Parliament for additional recommendations. A new version of the bill was filed in 2018 in response to the Committee's recommendations. However, the bill was reintroduced in the House in 2019 and was ultimately passed into law following the dissolution of the Parliament in 2018 and the establishment of a new central government in 2019. The Transgender People Act recently went into effect, therefore it's critical to comprehend its main points, successes and failures, and effects on employers, particularly in the private sector.
STUDY OF THE NEW LEGISLATION
In order to treat transgender people with basic human dignity and on par with other genders, whether in educational institutions, for equal opportunities in employment, or to ensure access to healthcare and use of public benefits and facilities, there has been a pressing need to raise awareness among various communities and establishments for many years. India has made progress in granting and defending the identity and rights of transgender people by passing the Transgender People Act. The Transgender People Act is a sign that India is moving towards a more open and progressive society where people would not have their possibilities restricted based on their gender. This should, ideally, guarantee that employment standards be brought into compliance with those set by other countries. The options of transgender people have been significantly restricted as a result of social stigma and attitudes, whether in their social or professional lives or even within their own families. Despite the severity of the problem, little is known about transgender people's rights. 3 In that sense, the government's initiative to recognize these people's identities and defend their rights is a commendable move. One of the most controversial issues, the criminalization of transgender people's beggarly behavior, which was a part of a previous draught bill, was dropped under fierce condemnation and nationwide protests. The government has at least made an effort to reduce harassment of transgender people who might not have any other means of obtaining food and shelter, even if begging will likely continue to be a bigger problem that has to be handled. The Transgender People Act has eliminated the necessity under an earlier draught law to submit to a medical or physical screening and examination in order to obtain a certificate of identity.
OVERVIEW
The Transgender People Act's definition of a "transgender person" is unclear and deceptive. A "person with intersex variants" is someone whose gender is determined by biological traits, as opposed to a transgender person, who has a different gender identity from that which was indicated at the time of birth. The two distinct definitions gently highlight the distinction, yet the term "transgender persons" has been overly broadened to encompass "persons with intersex variants." For more egregious offences like sexual abuse, rape, criminal assault, or sexual harassment, the maximum sentence for an offence under the Transgender People Act is merely two years in jail and a fine. Since the Transgender People Act does not outline the basics of other related rights, such as marriage, adoption, maternity rights, etc., it is likely still insufficient and a missed chance to be even more inclusive. The Transgender People Act places too many duties on the shoulders of the "relevant government." Transgender people will be at the mercy of the system for the effective implementation of the benefits promised to them under the Transgender Persons Act, so it will be interesting to see how much priority the government will give to making sure that all those obligations are fulfilled in a timely manner.4 Some would contend that the Transgender People Act would have been more comprehensive and effective if it had included accommodations (affirmative action) for transgender people in educational settings and the workforce