21, Dec 2017 | Sampoorna India Blog
This table compares the provisions in the Transgender Persons [Protection of Rights] Bill 2016 that will reportedly be tabled in the winter session of the Indian Parliament against the criticisms made by trans*, gender variant, and intersex groups, and the demands for revisions required to protect our rights. This was originally published on Sampoorna India Blog
|PROVISION IN THE TRANS BILL 2016||DEMAND FROM TRANS* AND INTERSEX GROUPS|
|1) DEFINITION OF TRANSGENDER PERSONS|
Definition of Transgender in the 2016 Bill is as follows:
|2) PROVISION OF DISTRICT SCREENING COMMITTEES|
The current bill mentions that a trans person has to file an application on the receipt of which the District Magistrate will refer them to a District Screening Committee. The District Screening Committee will include a Chief Medical Officer, a psychiatrist or psychologist among others.
|3) CRIMINALISATION OF BEGGING|
The Bill says-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 20 public purposes imposed by Government 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.
|4) DEFINITION OF FAMILY|
The Transgender Persons (Protection of Rights) Bill 2016 says,
(1) No transgender person shall be separated from parents or immediate family on the ground of being a transgender, except on an order of a competent court, in the interest of such person.
The bill also says that,
“Where any parent or a member of his immediate family is unable to take care of a transgender, the competent court shall by an order direct such person to be placed in a rehabilitation centre”.
|5) TRANS HEALTH CAREThe appropriate Government shall take the following measures in relation to the transgender persons, namely:—|
(a) a separate human immunodeficiency virus Sero-surveillance Centres;
(b) to provide for medical care facility including sex reassignment surgery and hormonal therapy; (c) pre and post sex reassignment surgery and hormonal therapy counselling
(d)bring out a Health Manual related to sex reassignment surgery in accordance with the World Professional Association for Transgender Health guidelines;
(e) review of medical curriculum and research for doctors to address their specific health issues;
(f) to facilitate access to the transgender persons in the hospitals and other healthcare institutions and centres;
(g) provision for coverage of medical expenses by a comprehensive insurance scheme for transgenderpersons
|6) AFFIRMATIVE ACTION|
Not mentioned in current bill.
|7) OFFENCES AND PENALTIES|
The Transgender Persons (Protection of Rights) Bill, 2016 says: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.
|8) DOCUMENTATION/INTERVENTION IN CASE OF HUMAN RIGHTS ABUSES|
The Transgender Persons (Protection of Rights) Bill, 2016 only provides for a National Council that will be an advisory agency to the central government to implement trans specific policies.
|9) PREVENTION AND PENALISATION OF ATROCITIES AGAINST TRANSGENDER PERSONS|
No specific provisions mentioned to prevent and penalise atrocities against transgender persons in current bill. Penalties given under the offences and penalties section in the current bill is “punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.“
|10) PROTECTIONS FOR TRANS PERSONS IN PRISONS/JUVENILE HOMES|
No provision in current bill
|Provisions for trans people to be lodged in prison wards appropriate to their chosen gender irrespective of hormones, surgical interventions or provisions for separate cells within women’s wards should be made. Only women police/jail personnel to handle trans inmates must be specified. Trans specific healthcare needs and state funded legal aid and education/vocational training should be compulsorily provided to all trans inmates.|