In India people accept the girl or boy but it is very difficult for them to accept the transgender or LGBTQ Community or the peoples accept the marriages of different sex but they never accept the same sex or homosexual relationships because of this Supreme Court on 6 September 2018 pass the Article 377which states that under I.P.C which criminalized gay sex saying that it violates the right to equality and dignity so they are also enjoy every thing as the other people still some of the rights are not given to the transgender and that ‘s the reason Transgender bill 2019 was introduced and it is basically for the Protection of the rights of transgender people as because people though accept them still the LGBTQ community never get the proper rights for there protection. This bill provide the mechanism for social, economical and educational empowerment of transgender.
This bill first passed on Lok Sabha on 19 july 2019 by the minister of social justice and empowerment ,Thawar Chand Gehlot and then by Rajya Sabha on 26 November 2019, President assented this bill is on 5 December 2019.And it come to effect in India on 10 January 2020.Altough this bill is passed for the benefit or protection of rights to the LGBTQ Community still it contains lots of flaws in it and that is the reason transgender community criticized it and started the protested against the bill. The Bill does not address the needs for protection of their rights it severally affected or criticized the provisions of 2018 bill like the criminalization of begging and the establishment of district screening committee to process to giving the certificates for their insurance. It also did not declare the identity of themselves without undergoing to sex reassignment surgery.
These rights also did not provide them any profits in education sector and the jobs also as they they are not benefited for the separate transgender reservation like the women’s and lower cast people have .It also criticizes because this act does not imposing less punishment for the transgender people for doing any crime against cisgender people. The Bill also defines as the transperson people are someone whose gender was not match with his birth gender so it allows certificate after the person undergoes the surgery to change the gender and the district magistrate give this certificate. Though it is right having the proper certificates but still somewhere it criticizes that we never ask any certificates from any girl or boy so that they can show there genders through them.
This Bill though prohibits against the discrimination for transgender such as for education, healthcare, enjoyment of goods and facilities that are available to public opportunities, right to move anywhere, right to reside, rent or occupy the property any where and enjoy all the public and private sectors. Still they are some having the drawbacks like they have to certify themselves as a Trans status, they have to face the humiliation and harassment as they have to make separate ID cards by going again and again on the district court and off course the surgery clauses for just defining themselves who they are. So these are the things which include in this bill.
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