Critically discuss the salient provisions of Transgender Persons (Protection of Rights) Bill, 2016. Analyze its key issues and concerns, in the context of the NALSA judgment.


Critically discuss the salient provisions of Transgender Persons (Protection of Rights) Bill, 2016. Analyze its key issues and concerns, in the context of the NALSA judgment.

ट्रांसजेंडर व्यक्तियों (अधिकार संरक्षण) बिल, 2016 की गंभीर रूप से जाँच करें। नालसा के फैसले के संदर्भ में, प्रमुख मुद्दों और चिंताओं का विश्लेषण करें।


 

Print Friendly
  • saurabh

    Critically discuss “salient provision” has been treated as separate!! which could include all imp. provision then followed by comparison & analysis with NALSA.

  • Alok Panigrahi

    Okey

  • EMPEROR RELOADED

    I will do review your today’s answer just comment on any of my answers. i will then come know that you have uploaded answer.

  • Recent discussion on the Transgender Persons Bill 2016 has brought few issues with the bill against the NALSA Judgement 2014 which initially started the proposal for drafting rights to transgender communities. Few of the key issues of the bill are –
    1) Bill fails to recognize Transgender as third sex and calls them intersex. This is against the international definition of transgender
    2) Transgender do not get right of self recognition but need to be recognized by DM through medical examination by Screening Committee
    3) Bill is silent on accessibility of social laws of marriage, social relationship, family which are gender specific due to non recognition as third sex
    4) Bill is silent on Sec 377 IPC which is used for abuse against transgender community

    NALSA judgement was for creating a welfare atmosphere and recognizing the rights of transgender by identifying them as separate sex and proving social laws for them through legislation. However the bill is watered down and fails to recognise some of the key issues.

  • ForumIAS

    Cool. Keep reviewing!

  • Monica Mohan

    Good one. Covered many aspects. I don’t think I found flaws.

  • Monica Mohan

    Sure.

  • Alok Panigrahi

    Achaaa… Thanks 🙂

  • Jyoti Singh

    Intro could have been more catchy and no need to mention point 1.Overall good attempt. Keep Writing…..!!! All the bestttt…

  • Thanks alok..I’ll definitely improve 🙂

  • Alok Panigrahi
  • karthik

    write little bigger and leave space in between.. its just a suggestion.
    content is good. u would have first mentioned features and then contrast it with NALSA.. rest good…. and can u give ur mail id..

  • Alok Panigrahi

    Jyoti please Review mine

  • Alok Panigrahi

    Raashi. Please review yaar

  • Alok Panigrahi

    Awesome Alok…..
    U have great knowledge abt the matter bt contain ur words… Make it crisp bt cover wide aspect….

  • Alok Panigrahi

    Plzzzz review mine

  • Alok Panigrahi

    Bhai please review mine…

  • Alok Panigrahi

    Missing ur critical review … Dat u did once in my answer… Do review…. My 2 answers

  • Alok Panigrahi

    Monica … Please review my 2 answers…

  • Alok Panigrahi

    Review mine plzz

  • Alok Panigrahi

    Please review mine

  • Alok Panigrahi

    Thanks bro…. Please review other answers… Very busy schedule and work load… M unable to post in d morning neither getting tym to review 🙁

  • Vencedora

    Thank you ;))

  • Vencedora

    Muje to ye samj ni aa ra key provisions puche kaha h .. ;(
    Critucally discuss provisions so I did.. analyze issues b..
    Exam mei b khudse likhna hoga without looking oder ans..

  • Vencedora

    U set the bar.i did not raise anything ;p

  • Vencedora
  • EMPEROR RELOADED

    You can mention the provision and then say how it is a problem or show its negative side simply

  • Hey..holistic coverage and well structured..you can re-frame the 6th point..instead of using ‘namesake’,you can state it as’the penalty is not adequately supported by a strict enforcement mechanism’..
    “Harnessing the untouched potential” awesome..
    KWAR 🙂

  • saurabh

    Yup. Didn’t understand how to treat critically discuss.
    NCT point also needs revision
    Thanks KWAR!!

  • saurabh

    You’ve perhaps tried to include both parts of the Q. in one whole. I’m no expert on this but don’t we need to treat the 2 parts separately? [Most other people seem to do that]. Salient provisions in themselves seem to get buried within the comparison with NALSA.
    But very good portion on “rights based approach” & “inconsistency with other laws”
    Conclusion good enough

  • ANSHUMAN MATHUR

    Thanks. You are right, it should be segregated properly.

  • saurabh

    Yes..All points accepted!!…;)
    Kerala bill? can you mention which?
    PS- Flawless answer?? 😛 Don’t raise the bar!!..:O I’ll take even more time..:P

  • Abinash Bharti

    pls review… is it late?

  • Abinash Bharti
  • saurabh

    Yup. not clearly understandable!!
    On need to point out concerns while stating features: Perhaps “critically discuss’ & ‘mention’ need different treatment. What we’ve done seems to be more apt. for ‘mention’
    Thanks anyways,!! KWAR!

  • veracity29

    Good attempt. I think you kind of mixed provisions and shortcomings of the bill. There should be clear cut segregation between the two parts of the question so that the examiner can identify both and mark accordingly.
    Also you must include a couple of other provisions so that your coverage of first part looks comprehensive.
    Again very neat work and good handwriting.
    Kwar 🙂

  • saurabh

    Good inout!! FR needed!
    Thanks as always!!

  • ANSHUMAN MATHUR

    if you have 2 minutes criticise mine.

  • veracity29

    Thanks for the review. I had no idea I had written Article instead of Section. That is indeed disastrous.
    Thanks again!

  • The Transgender Persons (Protection of Rights) bill 2016,recently passed in lok sabha provides for protection of rights of transgender persons and their welfare and for matters connected there with and incidental thereto.

    FEATURES:
    -the Bill defines who a transgender person is,as:
    (a) neither wholly female nor wholly male
    (b) a combination of female or male
    (c) neither female nor male.
    -Bill drafts “screening committees,” which feature doctors who will provide certificates for those who identify as transgender.
    -2% reservation in primary, secondary and higher education and in government jobs for transgenders.
    -The Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare.
    -The Bill also 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.
    -Penalty for hate speech against transgender persons includes imprisonment extending upto one year and with fine.

    Landmark NALSA judgment, or the National Legal Services Authority vs. Union of India judgment gave broad directives to the central and state governments on affirmative action, public health, social welfare and other services to be made available for transgender people.SC recognized ‘transgender’ as a gender identity and called for immediate remedial action.

    CONCERNS:
    -The Bill completely eliminates the ‘option of identification’ as either male or female. On top of it, the Bill reinforces injurious stereotypes about transgender persons as being part male and part female.
    – the bill provides for an onerous procedure stands in ‘violation of the self-identification principle’.
    -The single section chapter on discrimination forbids discriminatory treatment across a number of spaces, including educational institutions, healthcare services and employment.
    -There is no punitive mechanism in place as far as potential violation of the duty against discrimination is concerned.
    -The complete lack of electoral representation is the matter of concern as it does not clearly address social welfare.
    -The Transgender Persons Bill cannot co-exist with Section 377, because they are necessarily antithetical to each other. Section 377 of the IPC criminalises homosexuality.
    – The bill also does not specify how reservations will be allocated to the transgengers.
    -the Bill does not recognise the various forms of abuse and violence that transgender persons face,transgender persons face the most violence from their families and the police.
    -The Transgender Rights Bill 2016 does not have a clear grievance redressal mechanism

    Therefore the bill inspired hope in the community,but the pace of change does not quite seem to match the speed or steadiness that some hoped for in the wake of the NALSA verdict.the Transgender Rights Bill 2016 is grossly ignorant of the very issues it is attempting to address. Also the view of society towards the Transgenders should change.

  • Alok Panigrahi

    Sir plzzzz review mine….

  • Alok Panigrahi

    Please review…. Sorry for being so late…..

  • Alok Panigrahi
  • ANSHUMAN MATHUR

    Nice answer. Underline few important key words, it will attract the reader.
    one disastrous mistake- It is Section 377, NOT Article 377. correct it.

    Writing is very good.

    Review mine. @anshumanmathur:disqus

  • ANSHUMAN MATHUR
  • Raashi

    Introductory line is incorrect i think.. because bill doesn’t provide self identification of gender
    Combine point 3 and 4; 1 and 2
    I think you have missed comoaring Nalsa judgement and Bill like where it is contradictory.. rest is good

  • Raashi

    Its a good answer with all points.. but what i feel can be improved is that ques specifically asks it in redpect of NALSA judgement and you have not clearly addressed where the Bill is contradicting the judgement except in reservation point.. other points were-
    1. SC gave them right to self determine their gender but here, DM will do it.. it is even against right to Equality
    2. Where you mentioned definition, there you can write that the definition is not in line with SC’s definition or even International norms

  • veracity29

    Hi Simran. Lovely crisp answer.
    But I had a query. From what i understand from your answer, the bill accords OBC status to transgenders but is silent on the issue of reservations. Am I right?

  • veracity29
  • santanesque

    Thank u sir

  • ROCKSTAR

    yuppppp got ….

  • ROCKSTAR

    kkkkkkkkkkkkkkkkkkkkkkkkkkkk

  • karthik

    review @forumias-7f07ca326ce76cdde680e4b3d568bce8:disqus

  • karthik

    make the words more simple.. i find few words tricky.

    word limit check
    rest is good.. include fr’s etc. keep writing @disqus_SlfaaG7EcN:disqus

  • Covered the points well…there is some ambiguity in point 5 under key issues…you can specify it as forced begging…You can include laws like section 377 to strengthen your answer….
    I am not sure whether we need to point out the concerns while stating the features or we need to address the issue separately because I have also discussed the issues under a different heading..
    Overall nice answer..KWAR 🙂

  • Thanks for the review and suggestion 🙂

  • mayank

    your answer was good..it can be more better if you write in comparative mode by comparing NALSA and BIll more elaboratively.. rest nice answer…

  • mayank

    yar i admit my answer was too long. secondly, i wanted to mention that conviction rate in these cases are too low. so immediate grievances mechanism should be there…..but thnks yar…

  • Don Corleone

    thanks monica :)….will keep in mind next time KWAR 🙂

  • Goms

    Thanks

  • Monica Mohan

    Good one. But I think we can refrain from calling a bill an “uninterested and insincere attempt”. Columnists and bloggers can do that but when it comes to answer writing, we may suggest alternatives and keep the tab open. We may at times take a stand but it too needs alternatives to be stated if we state a Bill to be wrong. Keep writing

  • Monica Mohan

    Done reviewing,Except for critically discuss your answer has covered all aspects. Good one. 🙂

  • Sagan S

    Ohh. I didn’t notice that ..!

    I have simply described provisions first and then tried to make a critical review….

    OK you did well…

    Review mine as well..

  • Monica Mohan

    Good one. Covered most points! Couldn’t see flaws. Keep writing!

  • Goms

    Sec 377 point left .overall nice. Review mine

  • One_focus

    I think you have written a very good answer mentioning all the key points:)

  • One_focus

    Thanks for the review Sagan … Yes I will review yours too

  • One_focus

    Thanks for the review! Yes it must have been mentioned

  • One_focus

    Thanks for the review Mayank! Yes you are right now I think I shouldn’t have mentioned it!

  • Raashi

    I know but what i mean is use simple tone and not sarcasm in answer

  • Sagan S

    Hi !
    Overall good answer…
    Intro and conclusion — too good…

    No need to mention private member’s bill…
    Add section 377 too

    And don’t forget to review mine…:)

  • Sagan S

    Good one !

  • Goms

    Well written mayank

  • Monica Mohan

    We have been asked to do that. “Critically Discuss” was the directive.

  • Sagan S

    And please don’t forget to review mine…:)

  • Sagan S

    Well written. !
    I wanna know is it right to describe the provisions critically…?
    Hope I am clear to you.

  • ROCKSTAR

    we have to compare the bill and NALSA judgemnt so i wrote….cozz question is critically analyse and DM part i have mention in features of bills.

  • El Nino

    Transgender are most deprived and disempowered group in the Indian society. They have struggled for decades for their rights and dignity. Supreme Court issued a landmark ruling recognizing transsexuals as a third gender, and upholding their rights to equality (Article 14), non-discrimination (Article 15), expression (Article 19(1)(a) and autonomy (Article 21)

    Transgender Persons bill 2016 has attempted to undo the injustice done to transgender. The bill has made certain provision and concerns have been raised against them:

    i. Definition –The bill defines transgender as part male and part female or an incompletion with the binary gender as the reference point. This instead of providing dignity further stigmatizes transgender. Supreme Court and private member bill presented earlier in Rajya Sabha defines Transgender as a person whose sense of gender does not match with the gender assigned to that person at birth.

    ii. Gender identification – The bill proposes a district screening committee to certify transgender persons. Whereas NALSA judgment of SC upheld the transgender person’s right to decide their self-identified gender.

    iii. The National Council for Transgender Persons – has been proposed by the bill without any enforcement power. National and State Transgender Welfare Commission’s provision which was present in private member bill of Rajya Sabha has been removed.

    iv. Reservation – provision in education and employment has bene dropped, although was directed by the Supreme Court in NALSA judgement.

    v. Protection against violence – has not been provided by any provision in the bill. There are such provision for Children and SC/ST in various laws and transgender are also vulnerable.

    vi. Other rights like – marriage, inheritance and adoption are left untouched.

    For the first time government has introduced a bill on transgender. There is a need to make it comprehensive to fulfill the aspirations of transgender for generations.

  • Sagan S

    Well written…!

  • Raashi

    In reference to this point: 1)RIGHT OF SELF DETERMINATION: The 2016 Bill, though it uses the word “rights” in its title, deviates from a rights-based approach and leaves transgender persons at the mercy of the “benevolent” state while NALSA
    judgement left this on person to decide his or her gender.
    Write it straight that their gender determination has to be certified by DM, instead of sarcastic newspaper tone.

    Rest is good 🙂

  • Sure! Will note it down and add it.

  • Thank you @rockersindia

  • Raashi

    Ques starts with ‘Critically analyze the salient provisions’.. Thats why i wrote other issues too

  • Vencedora

    1. Word limit breach
    2. Not supporting ur arguemnts. Like in laws u can mention sec 377 of ipc n hw it will harass.
    3. Conclusio need to b refocused.
    Can mention Kerela bill which is orogrssive. I hv also nt mention. I frgt whie writing ;(
    You can come with your flawless ans like ur prev attempt this ciukd b an exception. ;))

  • Monica Mohan

    Would be happy to do but I am sorry @rockersindia:disqus ! I don’t know to read Hindi.

  • rockersindia

    really good answer

  • Vencedora
  • rockersindia

    pls bhai review mine

  • rockersindia

    pls review mine
    plz

  • rockersindia

    pls review mine

  • Monica Mohan

    Thank you for the read Don 🙂 Done reviewing!

  • rockersindia

    good answer

  • rockersindia
  • Monica Mohan

    Thank you for the review shakthi 🙂 Done reviewing 🙂

  • DevNand

    Thank You @forumias-7f07ca326ce76cdde680e4b3d568bce8:disqus for this genuine review.. after reading this i can understand my mistakes.
    your review give me motivation to work hard and keep writing and improvement.
    Thanks again. 🙂

  • Monica Mohan

    Good attempt. 1 suggestion is that you can follow the directive “Critically Discuss” rather than “Discussing and stating”. U have addressed the second part well. Keep writing and reviewing 🙂

  • Monica Mohan

    Good attempt. 1 suggestion is that when you mention a Bill for the first time in the answer try writing full name of the Bill. Also in the provisions you need not explain who will be in the screening committee which will save your words for some more awesome points. Section 377 can be addressed in the answer. Good writeup but can be improved. ATB! KWaR 🙂

  • ROCKSTAR

    reviewww mineeeeeeeeeeeeeeeeee

  • Monica Mohan

    Thank you Positive.

  • ROCKSTAR

    review mine

  • ap

    The transgender Persons (protection of Rights) Bill. 2016 introduced in August 2016 in Lok Sabha and is present at Standing Committee of Social Justice and empowerment for considerations. NALSA vs GOI judgement directed central and state government to identify transgender as third gender and provide them constitutional rights.
    Weakness of the bill:
    a) Many civil and criminal laws in India are gender specific like NREGA act favors women employment ,Hindu Succession act etc but the bill fails to specify provisions specific to transgender regarding these acts.

    b) Transgender are harassed many times under article 377, but the bill is unclear about such legal acts addressing their concern.

    c) The bill requires transgender to acquire identity cards for availing benefits , and provides rights to self-perceive as gender identity , such provision makes it open for fraud and misuse.

    d) The bill don’t make clear whether term male or female is a psychological or biological identity .Many individual like trans-man or trans-woman are unclear about getting transgender benefits. The bill adjusts all third identity as transgender.

    Favorable aspect of bill and suggestions:
    However, the provision of the bill is loose attempt to address the concerns , yet it is right move toward legally identifying transgender as third-gender to protect them from harassment and giving them constitutional rights. The bill needs to deeply study other nation’s law for transgender and discuss the provisions with institutions handling transgender concerns for improvement.setting up of National commission of transgenders can be sought in the same line of NCSTs and NCSCs.

  • Pankaj Nimbolkar

    Thank you

  • ROCKSTAR

    Salient features of Transgender persons(Protection of Rights)Bills,2016:
    DEFINATION:The Bill defines a transgender person as 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.

    CERTIFICATE:A transgender person must obtain a certificate of identity as proof of recognition of identity as a transgender person and to invoke rights under the Bill granted by the District Magistrate .

    DISCRIMINATION AND FINE :The Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare,Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine

    WELFARE SCHEMES:It directs the central and state governments to provide welfare schemes .

    NALSA JUDGEMENT:The path-breaking verdict recognised a spectrum of different gender identities.
    In the NALSA judgment, the bench, consisting of justices KS Radhakrishnan and AK Sikri, broke down the heteronormative, binary gender constructs of ‘man’ and ‘woman’ that is deeply ingrained in Indian law, and affirmed that the constitutional rights and freedoms of the transgender community are absolute.

    Isues with the bill that seems to dilute nalsa jugement:

    1)RIGHT OF SELF DETERMINATION: The 2016 Bill, though it uses the word “rights” in its title, deviates from a rights-based approach and leaves transgender persons at the mercy of the “benevolent” state while NALSA
    judgement left this on person to decide his or her gender.

    2)NO RESERVATION:Another problem is the absence of a provision on reservation, running contrary to the NALSA judgment and the 2014 and 2015 Bills which directed reservations for transgender persons

    3)The Bill conflates gender, which is a societal construct, with biological sex. The NALSA judgment had a comprehensive description of who fits the description as a transgender person

    4) NALSA judgment recognised the diversity of the transgender community by taking into account the hijras, eunuchs, jogappas, and shiv-shakthis, among others, and traced their historical presence, the latest Bill ignores all that

    so by looking all this aspects of bills The government should move beyond tokenism and bring in a law that adequately addresses the community’s concerns.

  • EMPEROR RELOADED

    1. The demand of the question is not just salient provision but critically discuss which you have missed in all point in first part.
    2. point 5 is partially wrong as in spirit the bill intends to stop forced begging.
    3. NCT do consist of Transgender :- 5 members.
    overall the answer is good
    try to avoid getting facts wrong
    KWAR

  • Monica Mohan

    Thank you for the read and for the review 🙂

  • Monica Mohan

    Structure is good! A very brief intro could have made it great.. Also in suggestions 2nd point, discrimination is already punitive according to the Bill. I do not understand it. Can you elaborate?

  • EMPEROR RELOADED

    you are right i will note that
    Thanks for reviewing

  • saurabh

    Overall a very good answer @forumias-715d91778d743b59134e3cab3b0ffb1d:disqus!! esp. intro & conclusion
    Identity point (Pt.1 of concerns) only mentions that it contradicts. Since it’s a significant point, you may explain it in one line i.e. psychological vs. biological identity
    [Review mine please]

  • Sagan S
  • saurabh

    Very Good answer!! esp. in view of word limit!! Addressed most points.
    [REVIEW MINE]

  • saurabh

    It may be better to start with something which is very objective. If you want to express other things, that may follow.
    Provisions of welfare schemes
    Otherwise liked your answer!! esp, in context of word limit!
    [Review mine please]

  • saurabh

    Please review!!

  • saurabh

    The Transgenders’ Bill, 2016 was passed in Lok sabha pursuant to the historic NALSA judgement of SC on recognizing rights of people not identifying themselves with their biological sex. Salient Provisions –

    1. Definition: People who are partly male or female or neither and don’t identify themselves with gender assigned as birth. This includes Trans-women, Trans-men, people with Intersex variation, gender queers
    2. Right to self-perceived identity provided but certificate of identification to be provided by district magistrate on recommendation of a district screening committee
    3. Prohibition of discrimination in education, employment (Public & Private), healthcare, access to public goods, free movement etc.
    4. Centre & states to provide welfare schemes for Livelihood support, health services & education
    5. A national council for Transgenders(NCT) to advise GoI on Transgender policies & oversee their implementation

    Key issues –
    1. Unlike NALSA judgement which went for psychological identifiers (‘gender’), the bill conflates it with biological identifiers too
    2. Unclear how right to “self-perceived identity” would be enforced as a screening committee would certify. No forum for appeal against rejection in identification
    3. While Prohibition of discrimination & welfare measures hold bright prospects, it doesn’t adhere to the judgement which directed reservations
    4. Could lead to confusion in implementation of laws specifically meant for a gender, it doesn’t specify how transgenders would be identified
    5. Penalizing begging, while understandable, could lead to snatching away their traditional & significant livelihood without ensuring alternatives

    The bill provides an identity to hitherto unrecognized population but stops short of recognizing some more peculiarities relating to transgenders. NCT must consist of transgenders’ representatives & be regularly heard so that further provisions could be contemplated

  • goldberg

    Salient provisions
    • Transgender bill states that transgender is the one which is partly male or female or neither male or female or trans male or trans female.
    • A certificate of recognition must be issued to such person by the district magistrate. Committee which would issue such recognition would be comprise of doctors, psychiatrist etc.
    • An activity which would force them to beg or any sexual/physical abuse is an offence and could bring imprisonment up to 2 years with a fine.
    Key issues and concerns
    • No reservation policy is there for the transgender as many service commissions have male or female as genders.
    • No clear definition is mentioned on what is trans male and trans female.
    • Mostly criminal cases are defined for either male or female. No such clear criteria is there how to implement these laws on transgender.
    • It is silent on section 377 of IPC law which states that any sexual activity except between two opposite genders is a criminal offence.

  • Jyoti Singh

    No need to mention about point 1.overall good Attempt…..!!! All The Besttttt…

  • EMPEROR RELOADED

    1. Point 3 you didn’t mention How it will be a disregard to NALSA judgement.
    2. part 2 point 1 needs a explanation link i.e make connection
    3. you have not concluded.
    Intro was good can be made better.
    overall nicely presented minor errors here and there
    rest is fine
    KWAR

  • Shakthi

    Nice coverage try to add about section 377 issue
    Plz review mine

  • Monica Mohan

    Thank you for the review Simran 🙂 And thank you for the pointers! I will keep a tab on that 🙂

  • frontrunner

    thank you
    will update that…

  • Shakthi
  • DV

    Okay
    Thanks for reviewing

  • H________R

    mention sec 377, how it is used to harass them.

  • Nicely written..since you are mentioning both features and issues together,in point 4,you can mention that there is no provision of reservation as ruled in the Nalsa judgment..Kwar 🙂

  • H________R

    nice answer. u covered everything nothing to say except superb

  • EMPEROR RELOADED

    1. In intro instead of most abused you can use most discriminated.
    2. in point 2 part 1 you could have mentioned that no provision for ending societal discrimination has been made.
    3. OBC status have not been provided to them in the bill it was SC that wanted them to be considered as educationally and socially backward class which has not been done in the bill.
    Rest is awesome as usual
    nice flow is evident in the answer.
    good
    KWAR

  • Well answered..You can end it on a positive note saying that making necessary amendments before the passage of the bill will help fulfil the aspirations of the transgender community….KWAR 🙂

  • Nomadic Mind At work

    Hi, Good points raised. Introduction could have been bit better.
    🙂

  • Aniket

    Keep writing. 🙂

  • Thanks for the read 🙂

  • Don Corleone

    while explaining provision in point 1,2,3 u have also recognised and explained issue then again u have explained issues seprately….u shud hav explained provisions then issues ….conclusion is good
    REVIEW MINE PLZ

  • Positive

    Good Answer.
    Justified the question.
    Keep it up friend !!

    KWAR ..
    Thank you.

  • raj_upsc
  • Nomadic Mind At work

    Hi, i think little bit more on nalsa judment would have been appropriate as question asks us to analyse in context of nalsa judgement. Other wise good ans 🙂

  • EMPEROR RELOADED

    thanks for reviewing Simran
    will note down the suggestion
    KWAR

  • Don Corleone

    Discrimination on the basis of caste,colour,creed,Gender etc are prohibited in constitution. Rights of transgender person bill 2016 is introduced to protect a class of persons which are being discriminated on basis of gender which is against the constitution. the bill has following provisions:-

    ->The Bill defines a transgender person as one who is partly female or male; or a combination of both 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.
    ->A transgender person must obtain a certificate of identity as proof of recognition of identity as a transgender person and to invoke rights under the Bill. certificate will be issued by district magistrate with recommendation of screening committee comprise a medical officer, a psychiatrist, a district welfare officer, a government official, and a transgender person.
    ->The Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare. It directs the central and state governments to provide welfare schemes in these areas.
    ->Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine.

    There are issues with the bill which is not in line with NALSA judgement of SC these are:-

    ->Intersex as mentioned in the bill is not properly defined and has to be recognized with international definition of it.
    ->Reservation given to transgenders as mentioned by SC on the basis of affirmative action is not provided in the bill.
    ->The process of recognition of transgender by certificate is itself humiliating for transgender.
    -> it don’t explain how gender specific laws for criminal offences and civil laws like adoption and succession will apply to the third gender.

    India is within touching distance of enabling the legal empowerment of a hitherto marginalised community and it would be a shame if it wastes the opportunity by passing a bad law.

  • Nomadic Mind At work

    Hi, very nice structure.
    There is also provision for national council for transgender in bill. It can be added
    Overall a very good ans 🙂

  • frontrunner
  • Nomadic Mind At work

    Conclusion is very nicely put.
    Overall good structure.

  • Hey…you can give a brief introduction.. I don’t think the NALSA vs Union of India case needs to be elaborated under a separate heading..Instead you can mention the same under concerns to cut short your word limit..Otherwise coverage is good..
    Keep writing 🙂

  • Nomadic Mind At work
  • Agent ColourBlind
  • Hello ER 🙂
    Good one!
    You could add other important points like ,
    section 377 ,
    physical and sexual violence by police ,
    discrimination at homes ,
    self identification ,
    denial of fundamental and human rights.
    Conclusion is good. 🙂

  • mayank

    “it fails to provide a “rights-based” approach to the transgenders” was nice point….good answer

  • mayank

    your answer is comprehensive….covering important points….nice ans….

  • mayank

    points like debate and discussion were good. thnks yar for highlighting these points…i will focus on word limit…

  • Hello Monica 🙂
    -Nice introduction. You’ve included the plight of the transgenders, the bill as well as the NALSA judgement. Good.
    -Good way of mentioning the provisions along with critical aspect. You could also add that though OBC status is given to non SC ST transgenders , the bill does not talk about their reservation which is crucial for their empowerment.
    -Section 377 is unaddressed.
    – The need for parliament is to review the bill and integrate well the transgenders in the society.

    Good answer.
    Best Wishes. 🙂

  • unmistakable
  • Thanks for the review 🙂

  • mayank

    thnks yar….i have to work upon word limit….thnks for pointing….

  • Goms

    National legal service authority v.union of India I s a landmark decision by the SC of India which declared transgender people to be a “third gender” affirmed that the fundamental rights granted under constitution of India.and this gave them the right to self identification of their gender as male,female or third gender.
    This led to the introduction of transgender persons (protection of rights)bill 2016.
    Salient features of the bill :
    a)The bill defines a transgender person as one who is partly male or female,or a combination of both ,or neither male or female.
    b) A transgender person must obtain a certificate of identity. Such a certificate would be granted by the district on recommendation of screening committee.
    c) The bill prohibit discrimination against a transgender person in areas such as education,employment,health care.
    d) The bill direct centre and state govt to provide welfare schemes in these areas.
    e) The court directed the state and centre govt to take steps to create public awareness.

    Issues with the bill:

    Intersex Vs transgender person:
    The bill which defines the term “transgender person” has been in explicitly borrowed from provision of Australia sex discrimination amendment act 2013 which defines the term Intersex. Even though the expert committee report explained the differences between transgender and Intersex identities.

    Absence of reservation :
    The absence of a provision on reservation is another problem aisling the bill .

    Salient impact on existing legal institution & laws:
    The bill is completely silent on how it’s content will impact the operation of existing laws.Most laws including of marriage,adoption and succession,continued to be based on binary of female and male.

    Sec 377 remain unaddressed:
    The bill have not addressed the issue of 377which is frequently and to harass transgender person specifically transgender women.

    The 2016 bill is the product of uninterested and insincere attempt. In the NALSA act there are too many good provisions are there but some negative things has been there for that government should make necessary steps.

  • Hello Mayank 🙂
    Your answer is too long. Trim the word count.
    -One line introduction could be added. Either about the bill , or the status of transgenders.
    -You could add that the definition is not in contradiction to NALSA judgement but also the internationally accepted definition.
    -Suggestions could be better I feel. The flaw lies in the bill , ehence suggestions should revolve around the bill. Debates should be held, parliament should review the bill. This could be added.

    A good answer though.

    Best Wishes. 🙂

  • Thanks for the suggestions.. Will take care of that 🙂

  • Thanks for the read 🙂

  • Hey…Intro is good..the salient features can re-numbered based on priority as (4,1,2,3)..Couldn’t get the last point ‘Public awareness to make TGs from fear,shyness’..can also mention section 377 which still criminalises transgenders…
    KWAR 🙂

  • Aniket

    Well structured. Nice conclusion. All in all good answer. Thank you for reviewing mine. 🙂

  • EMPEROR RELOADED

    1. in intro you can mention transgender instead of vulnerable section.
    rest is nicely addressed
    Good answer
    KWAR

  • Aniket

    Thanks for the review Nimesh! will try better next time 🙂

  • Pankaj Nimbolkar

    Review mine

  • Pankaj Nimbolkar
  • karthik

    good try.. nothing to comment.. review mine

  • karthik

    intro can be better. points good…nice try.. review mine

  • Monica Mohan

    Reviewing is a sure thing 🙂 Thank you for some awesome points in the review as well as in your answer.

  • Monica Mohan

    Good answer. Especially covering Section 377 and Railways.. Good one but you could also added the hole left by the bill on reservation which was suggested by SC and the fate of Gender specific laws w.r.t transgenders. Good one. Keep writing 🙂

  • karthik

    The government recently tabled transgender persons (protection of tights) bill, 2016 for the protection and betterment of these vulnerable sections. The salient features of the bill are

    1. prohibits discrimination against TGs in areas of education, employment and health care.
    2. Offenses like compelling TG to beg, denial of access to public spaces leads to imprisonment for 2 years.
    3. It makes mandatory for TG to get certificate from the DM to certify the identity of TG which is the violation of human rights.
    4. The definition of TG is borrowed from Australian law which categorizes TG as inter sex. But expert committee was of a view that transgender and intersex are not same.

    NALSA judgement and 2016 bill

    -NALSA judgement is the first judgement which gave legal recognition to third genders. The judgement located TGs in the golden trinity of article 14,19,21.
    -NALSA judgemernt gave recognition of TGs in both civil and criminal statues like marriage, divorce and adoption which is not mentioned in the 2016 bill.
    -NALSA judgement considered TGs as socially and economically backward and gave them reservation which is not given in the 2016 bill.
    -NALSA judgement have provisions like public awareness to make TGs from fear, shyness which is not stated in the provisions of 2016 bill.

    2016 bill diluted the judgement and its provisions. Parliamentary standing committee need to adopt necessary changes in the bill in line with the judgement to make it more inclusive, and realize the rationale behind this move.

  • The points are covered but structuring needed to make it more clear.Starting with an intro will make the ans look good.KWAR 🙂

  • Ashwameda
  • Monica Mohan

    Thank you Emperor Reloaded 🙂

  • Intro to the point ! Points well covered. You can add that there is provision of punishment for forcing transgender persons into menial jobs but there is no enforcement mechanism to monitor that..
    Keep writing 🙂
    Review mine if possible 🙂

  • @ForumIAS do we need to mention the concerns along with the features itself or under a separate sub-heading ?

  • EMPEROR RELOADED

    very good answer
    You have covered important aspects of the question and also did justice to it.
    KWAR

  • DV

    Transgender Persons (Protection of Rights) Bill, 2016

    1. The bill defines a transgender person as one who is neither fully male nor female or is a combination of both.
    2. Prohibits discrimination against transgenders with respect to education, employment, healthcare and place of residence among others.
    3. Seeks to set up Health Care including separate HIV surveillance centres.
    4. Transgenders may obtain an identity certificate from district magistrate on the recommendations of a “screening committee”.
    5. Discrimination against and economic or emotional exploitation of transgenders would be a criminal offence.
    6. Sets up a National Council for Transgender Persons.

    NALSA v Union of India, 2014

    1. All the fundamental rights would be applicable to transgenders.
    2. Government to identify transgender as third gender.
    3. Transgender person has right to form family and adopt children.
    4. Government to identify transgender and socially and economically backward community and thus provide them reservations.
    5. Government to set up Health Care Centres for them and launch welfare schemes for social inclusion.
    6. For identification, psychological and not medical test should be done.

    KEY ISSUES OF THE BILL

    1. Definition of transgenders – “neither fully male or female” is itself incorrect and derogatory.
    2. In Nalsa judgement, Supreme Court upheld a person’s right and freedom to identify himself as a transgender. Setting up of a screening committee for this purpose is against the supreme court’s judgement and a threat to the honour of transgenders.
    3. In Nalsa judgement, government was asked to provide reservations to the transgenders. No such provision is in the bill.
    4. The bill may identify transgender people but it says nothing about Indian laws for marriage, adoption, inheritance and succession which recognise only two genders.
    5. The National Council for transgender persons is a massive bureaucratic structure without enforcement abilities.

    WAY FORWARD
    1. Providing transgender persons reservations in education and employment
    2. Social mobilization to identify and respect the transgender persons rights and to ensure their social inclusion.
    3. Setting up of welfare commission for transgenders
    4. Identification of the third gender by and large in every documents and laws.

  • EMPEROR RELOADED

    you have covered all important aspects however you could have made it better
    You crossed word limit by miles (377 words) take care of it .
    KWAR.

  • Neha Kumari

    review mine

  • Jyoti Singh

    Thanks for your wonderful suggestions I will keep your your words on my mind while answering…..!!!

  • Jyoti Singh

    Thanks for the read and encouragement. I will keep trying to write a good and relevant answer…..!!!

  • Kindly review @ForumIAS

  • ForumIAS

    Hi,
    You’ve addressed the second sub-part adequately, but the critical discussion of the provisions in the first part is missing.
    For example, the critical discussion of the definition that you mentioned in the first point would be that this definition conflates gender, which is a social construct, with sex, which is a biological feature. This makes the definition exclusionary.
    And so on for the remaining provisions.

    Keep writing! 🙂

  • ForumIAS

    Hi,
    you can just start with the recent context that pursuant to NALSA judgement, the Transgenders Bill has been introduced in LS.
    Critical discussion of the provisions means that the structure should should include analysis of the provisions as and when the provisions are written.
    In the second sub-part, you should analyze the issues with the bill w.r.t NALSA judgement.
    We will be uploading model answers shortly, which might give you an inkling of how to proceed.

    Keep writing! 🙂

  • Rhythm 2017

    thank you sir,
    will definitely improve

  • ForumIAS

    Hi,
    You’ve addressed the second sub-part decently, but the question demands a lot of analysis and you should focus on that.
    The structure should should include analysis of the provisions as and when the provisions are written, i.e: in the first sub-part itself.
    In the second sub-part, you should analyze some issues in the Bill w.r.t NALSA judgement.
    We will be uploading model answers shortly, which might give you an inkling of how to proceed.

    Keep writing! 🙂

  • Monica Mohan

    Transgender Persons (Protection of Rights) Bill, 2016 is aimed at providing rights based approach for protecting the Transgenders who now suffer discrimination and impediments to laws due to their gender. It is based on the Supreme Court(SC) judgment in NALSA v. Union of India case which re-assured fundamental rights to Transgender community.

    PROVISIONS OF TRANSGENDER PERSONS(PROTECTION OF RIGHTS) BILL,2016:

    1. Definition of Transgender: The bill defines transgender as persons whose gender do not match with the gender assigned at birth and says that it includes trans-men,trans-women,persons with intersex and gender queers. But the bill fails to define such terms and also the definition given is varied from internationally recognised definition.
    2. Prohibition of discrimination: The bill aims to prohibit discrimination under various areas such as education, health, employment and residence but it doesn’t address the discrimination they possess in their families where discrimination starts in most cases.
    3.Identification: The SC judgment directed the centre to recognise their right to self-perceived gender identity but the Bill demands a certificate from District magistrate to declare the gender.
    4. Welfare Schemes: The Bill provides schemes for rehabilitation,livelihood support and health care exclusively for transgenders and it addresses the welfare of the community well in that aspect.

    But there are some issues which the Bill do not address as suggested by the SC in NALSA case such as:

    1. Reservation: The judgment issued directive to provide reservation in education and employment for the community considering them as socially backward.
    2. Legal recognition: SC has ordered to provide legal recognition as “third gender”. Though the bill provides such a status, it don’t explain how gender specific laws for criminal offences and civil laws like adoption and succession will apply to the third gender.

    Thus, the Bill provides various advantages to the community but in several cases, it fails to provide a “rights-based” approach to the transgenders. The bill must seek to provide the undeniable fundamental rights and must ensure the discrepancies of the bill is resolved through deliberation and in-ground surveys.

  • santanesque
  • ForumIAS

    Also, @forumias-85094ce519ee14bf8b29414943a05025:disqus ,
    Please enumerate the principles laid down in the NALSA judgement while analyzing the issues, since the question specifically demands that.
    OTher concerns such as criminalizing begging need to be mentioned for a better answer.
    The structure is good. 🙂

  • ForumIAS

    You need to mention the principles enumerated in NALSA judgement in order to make the answer complete.
    Also, more concerns such as criminalizing begging – which nearly 75% of transgenders have to resort to at present – need to be written.

    Keep writing! 🙂

  • ForumIAS

    Hi,
    There is no need to give such a long historical intro.
    The question demands a lot of analysis and you should focus on that.
    Also, the structure should should include analysis of the provisions as and when the provisions are written.
    In the second sub-part, you should analyze the issues w.r.t NALSA judgement.
    We will be uploading model answers shortly, which might give you an inkling of how to proceed.

    Keep writing! 🙂

  • AKASH PATEL
  • mayank

    good answer. but i dont think that here private bill was to mentioned as it will consume space and time. end was nice…

  • Pankaj Nimbolkar

    Good efforts.

    Plz write some provisions first then criticize

    Rethink on first 1,2,3 point . Needed much elaboration.

    4th point is good.

    Second part of answer is good.

    Most important thing Review is easier than answer writing.

  • Aniket
  • ISHAAN

    ans- India needs inclusive growth but leaving behind a good chunk of population from transgender society are sidelined by all member of mainstream society. Now some provisions of Transgender persons bill 2016 take away the rights which were given in original draft, the new draft have:-
    1-Need to prove that a person is Transgender by IDENTITY CERTIFICATE BY DISTRICT MAGISTRATE-than it should be compulsory for everyone living in mainstream society
    2-The person’s gender must not match the gender assigned at birth and shows inter variation with gender queers -without having a clear definition of transgender , people dont know, how to deal with it.
    3-terms like trans-men, trans-women, gender-queers are given in a bill but its definition is not known.
    4- Another problem is the absence of a provision on a reservation, running contrary to the NALSA judgment and the 2014 and 2015 Bills which directed reservations for transgender persons.
    5BILL IS SILENT ON MANY LAWS -Most laws, including of marriage, adoption and succession, continue to be based on the binary of male and female.
    Inline with some recent laws like Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Bill, 2016, are framed in rights language but lacking in objectivity will not serve the purpose.

  • Raashi

    The Transgender Persons (Protection of rights) Bill, 2016 aims to provide protection and empower the Transgender community. The salient provisions of the Bill are-
    1. It protects the transgenders from discrimination in employment, education, and the right to rent or buy property. Offenders can be jailed for 6 months to 2 years and fined.
    2. It also paves the way for a comprehensive healthcare strategy by mandating the government to provide for sex-reassignment surgery, hormonal therapy, counselling, separate HIV sero surveillance centres and insurance schemes
    3. It ensures that state provides rehabilitation centres to the abandoned transgender children.
    4. It also requires Government ti create vocational courses and welfare schemes for such people

    But, there are many issues in the Bill which also reverses the judgement made by SC in NALSA case like-
    1. The Bill provides for a district screening committee to ‘certify’ transgender person, whereas SC provided for right to self identify gender
    2. It has diluted the definition of transgender as ‘part male, and part female’ whereas SC and Government’s 2014 Bill provided the definition of transgender as any person whose sense of gender doesnot match with the gender assigned at birth.
    3. It doesn’t provide for reservation in education and employment which ws directed by SC.

    Other issues in the Bill are-
    1. It removed the clause of providing National and State Transgender Welfare Commission whuch was provided in 2014 Bill
    2. It doesn’t guard the community against public violence
    3. The Bill is silent on their right to marriage, inheritance and adoption
    4. There is no provision for special transgender rights court also
    5. The National Council fir Transgenders which the Bill envisions is a bureaucratic structure without enforcement abilities

    Therefore, the Bill is a step in right direction to give certain rights to the long discriminated community but, it falls short of fulfilling their aspirations as was directed by SC in NALSA case and has evidently reversed some gains too. Hence, the drawbacks need to be looked by the Parliament and corrected with due debate and discussion.

  • The National Legal Services Authority (NALSA) v. Union of India and others case was a crucial turning point for the transgender community where the Supreme court gave a significant ruling that upheld the fundamental rights of a transgender and also gave some directives for their upliftment.
    The Government in this direction drafted the Transgender Persons(Protection of Rights)Bill,2016.

    SALIENT FEATURES
    1.The bill defines a transgender person as one who is partly male or female;or a combination of male and female:or neither male nor female.
    2.The bill prohibits discrimination against a transgender person in areas such as education, employment and healthcare and directs the central and state governments to provide welfare schemes in these areas.
    3.Offences like compelling a transgender person to beg,denial of access to a public place,physical and sexual abuse are punishable.
    4.The transgender persons need to obtain a certificate of identity for invoking rights under the bill.

    ISSUES AND CONCERNS
    1.The definition of transgenders as provided in the bill is in contradiction to the one provided by SC in the NALSA judgement and also the definition given by the Expert Committee on transgenders.
    2.Despite seeking reservations for the transgender community in the NALSA judgement, no such provision is provided in the bill
    3.The certification of identity by a district magistrate violates the NALSA judgment that upheld the transgender’s rights to decide their self-identified gender.
    4.Section 377 of IPC that criminalises transgenders will pave way for their harassment without a strict enforcement mechanism.

    A strong political will with a significant change in the mindset towards the marginalised transgender community and recognising them as part of the society,with recent steps such as providing transgender as a third option in Railways,will go a long way in achieving the dream of an inclusive society.

  • Neha Kumari

    point 1 and 2 repeated

  • Neha Kumari

    plz review

  • Neha Kumari
  • EMPEROR RELOADED

    Transgender persons are often considered deviant, perverts etc and are ill treated. They fall victim to exploitation constantly without any law to protect them. However recently the government have come up with Transgender Persons (Protection of Rights) Bill, 2016.
    Provision of the bill
    1. DEFINES TRANSGENDER:- mainly on physical traits and ignores the Behavioral or emotional aspect.
    2. IT PROHIBITS DISCRIMINATING : of Transgenders in education, healthcare etc but this may not bring any major change in societal attitude as discrimination in other forms like alienation etc will continue.
    3. DISTRICT SCREENING COMMITTEE :- to provide certificate of Identity, pushes self determination of one’s own identity to the back seat.
    KEY ISSUES AND CONCERN
    1. AGAINST THE DIRECTIVE OF SUPREME COURT:- (NALSA Judgement) which had stated that Transgender should be allowed to self determine their Identity which is a part of article 21 of constitution
    2. RESERVATION:- in education, employment etc. part of the supreme court judgement has been ignored.
    3. AMBIGUITY IN TERMS USED:- for transgender like Trans-men, trans women,intersex etc.
    4. They have not been considered as socially and educationally backward classes which was emphasized by the Supreme court in the NALSA Judgement .
    The bill in the present from gives legal protection to a great extent to Transgender who were earlier almost legally outcaste. However there should be proper deliberations with various stake holders and required modifications should be brought before it becomes a full fledged law so that this bill becomes successful and not merely a piece of legislation

  • ForumIAS

    🙂 keep writing.

  • ForumIAS

    Yes, agree with focus.

  • One_focus

    Very well written answer! A good introduction would have made it excellent! Plz review mine!

  • One_focus

    Please review @ForumIAS

  • One_focus
  • mayank

    Salient provisions of The Transgender Persons (Protection of Rights) Bill 2016-
    • Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male.
    • A transgender person must obtain a certificate of identity.
    • Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare
    • Bill ensures that such children are not separated from their families due to social stigma. In cases of abandonment, the state will provide rehabilitation centers.
    • Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine.
    • Bill provides for a National Council for Transgender Persons with Union Minister for Social Justice as its ex-officio chairperson.
    National Legal Services Authority (NALSA) v. Union of India and others judgement-
    • The judges ruled that transgender people should be recognized as a third gender
    • Upheld the right of the transgender persons to decide their self-identified gender
    • Judges directed central and state governments to take affirmative action and provide health, other welfare services to them.
    • Judges found that Section 377 was used as an instrument of harassment and physical abuse against transgender persons.
    Issues with the Bill–
    • Definition of transgender – is in contravention with the definition of transgender provided by the NALSA judgement.
    • Bill proposes to obtain certificate of identity from District which violates the NALSA judgment which upheld the transgender person’s right to decide their self-identified gender
    • Removal of clauses which provided for setting up of National and State Transgender Welfare Commissions.
    • Bill provides for a National Council for Transgender Persons. Council lacks powers of a Commission, which is statutory in nature
    • Bill has also dropped provision for reservation in education and employment which was directed by SC.
    • Avoids discussing major issues including on personal law like the right to marriage, inheritance and adoption etc.
    Suggestions-
    • Steps like creating awareness and sensitization among society, providing transgenders assistance in schooling and higher education .
    • Laws are needed to bring change in societal behavior like strict punishment for discrimination.
    • Bill should be comprehensive by considering various judgements.
    Lastly, environment should be made conducive to their full development, so that they can become productive citizen.

  • Thanks @forumias-7f07ca326ce76cdde680e4b3d568bce8:disqus 🙂

  • DevNand

    Please Review mine @forumias-7f07ca326ce76cdde680e4b3d568bce8:disqus

  • DevNand

    Transgender person is a one who is partially male or partially female or combination of male and female or neither male nor female.
    In 2014 December the rights of transgender person bill was introduced in Rajyasabha as a private member bill and passed unanimously but it didn’t introduced in Loksabha. Instead of this in 2015 Loksabha drafted its own bill on rights of transgender person and made to public for opinion. It introduced in August 2016 in loksabha but it is radically changed from the draft and the one which was introduced in Rajyasabha.
    1. The bill defines term transgender ,which was borrowed from the provision of Australian sex discrimination amendment act 2013, which defines the term intersex. But the export committee clearly explained the difference between transgender and intersex.
    2. It didn’t give a chance for the transgender person to identify as a man or woman , which was a included in the previous draft bill
    3. It didn’t give provision of reservation ,this too was included in the draft.
    4. It is silent in how its content will impact on operation of existing laws
    5. It didn’t address about the section 377 IPC

    In april 2014 supreme court verdict on NALSA vs Union of India , affirmed the fundamental rights of transgender persons.
    1. In this judgment it is couched in rights language, the fundamental rights in the golden trinity of constitution article 14 ,19 and 21 but in the bill ,the rights are at the mercy of the benevolent state.
    2. Judgment said about the need for making civil rights to transgender persons but the bill is silent about this.

    Altogether the bill 2016 was changed top to bottom from the draft bill 2015 so more consensus are needed for this from the public before its implement.

  • ForumIAS

    Awesome. Well tried!

  • Jyoti Singh

    The Supreme Court delivered the landmark judgment
    of NALSA v. Union of India, which affirmed the fundamental rights of
    transgender persons.

    2016 Bill–

    1)Most laws, including of marriage, adoption and succession, continue to be based on the binary of male and female
    2) Criminal laws, especially those dealing with asault also continue to be gendered
    3)The 2016 Bill has now been referred to a Standing Committee
    4) It also completely disregarded all existing discourse and resources — the NALSA judgment, the Expert Committee Report,and public comments
    5)The 2014 and 2015 Bills had more accurate definitions of the term transgender
    In fact, the 2015 Bill was the most progressive in this regard as it granted a transgender person the right to identify aseither ‘man’, ‘woman’, or ‘transgender

    6) Another problem is the absence of a provision onreservation, running contrary to the NALSA judgment and the 2014 and 2015 Bills which directed reservations for transgender persons

    Concerns-
    1) Section 377 remains unaddressed
    2) None of the Bills have addressed the issue of Section 377, which is frequently used to harass transgender persons,specifically transgender women
    3) Recognising trans-rights means recognising that there are more than the “opposite” genders of male and female

    Laws are often drafted without in-depth research,as a result of which they are misinformed and remain paper tigers.A culture of tokenism prevails regarding pressing
    social issues, seen most recently in The Transgender Persons (Protection
    of Rights) Bill, 2016

  • Rhythm 2017

    Supreme Court delivered the landmark NALSA judgment which affirmed the fundamental rights of transgender person, led to the introduction of Transgender persons (Protection of Rights) Bill in 2015, but due to significant difference that came overtime the bill now referred to standing committee.
    The Bill is a significant step regarding the Rights of transgender persons:
    1. The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male.
    2. The Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare.
    3 Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine.
    4. Transgender person has to obtain a certificate of id proof to invoke the rights in the bill.

    Though the bill is a step forwards against the discrimination, it has some serious issues:
    1. Intersex vs Transgender person issue. Even indicated by Expert Committee Report the difference between transgender and intersex identities this bill defines transgender as similar to intersex.
    2. No provision of reservation despite of SC Nalsa judgement which directed reservation.
    3. Due to binary mode of gender division the problem of impact of laws on transgender person is something that bill is silent about.
    4. The section 377 of IPC which criminalises all sex that is not between people of opposite genders remains unaddressed yet again. This invites harassment of transgenders.

    The 2016 bill suffers from negligence of law makers. The transgender rights are as important as of any other gender and must be dealt with same sense of acceptance and care. India’s sensitivity towards marginalised section will only justify its welfare state notion