Whether they’re homosexual or someone from LGBTQ, they ‘re all trying to be acknowledged by humans.Because of us humans who want to deceive them quickly, abuse them with terms like hijra, kinner, jogta, and so on, they find it more difficult to survive in this world.They do not have sufficient housing, enough food , clothes, and because of their identity they are not recognized in any employment, but they have not given up on themselves.They ‘re only struggling to live through raising money by begging or whatever means is accessible for them.They are still fighting for their freedom by morchas, introducing laws, and eventually, although they succeeded in passing the law in 2019, taking their identity to the third class, they somehow did not fail to satisfy their other rights.
Failure of 2019 bill:
Since the Transgender Persons (Protection of Rights) Act 2019 passed, none of the transgender persons were pleased.And immediately on the 4th day after the bill passed, the leaders of the transgender group marched through Delhi’s queer pride parade to raise their complaints over the new legislation..The problems with proposed legislation are:
1.The first limitation they objected to was to appeal to the District Magistrate for an Identification Certificate showing their gender as “transgender” and to seek a modified Certificate While a transgender individual is having surgery to change their gender either as a man or as a female, they said that it would be a direct breach of NALSA, which upheld the right to self-determination of gender .
2.Moreover, whether a transgender person decides to pursue sex-reassignment surgery and be classified as a male or a woman, this legislation does not make explicit that sex-reassignment surgery will be given free of charge or at a discounted rate. besides that, since they can not bear an immense amount of money, this is the only justification for identification verification without which a transgender person will not be eligible to receive official documentation.
3.Although the purpose of this law was to prohibit discrimination, it did not even provide any concept of discrimination addressing the scope of discrimination experienced by transgender people.
4.This bill only makes “sexual abuse” punishable, with a prison term of up to two years, does not define acts that constitute sexual offences, making it more difficult for transgender people to report such crimes as victims of sexual abuse. However, this bill legally penalizes discriminatory behaviour and denies equal protection in law.
5.This bill also does not provide reservation in education and employment for transgender persons.
6.This legislation did not mention their civil rights, such as marriage, civil unions, adoption and property rights, as well as social protection and pension benefits, thereby seeking to deprive transgender people of their human rights and the legal assurance provided by NALSA’s Supreme Court.
Despite of these limitations transgenders also do not entirely gain their civil and human freedoms, so they are now protesting to the courts about the same, but the courts have not yet accepted their appeals and are trying and prolong the deadlines and allow more amendments to the legislation.
For years, transgender people have been exposed to violence and it is dehumanizing that they are deprived their identity, appearance and, above all, their basic human rights.. The Act, in its current form, seeks to drive them into obscurity, insulting their sacrifices while refusing to protect their fundamental freedoms for them. While the group is concerned because the Bill has become a law without any attempt to make legitimate or appropriate adjustments to its original structure, it is worried with whether it can meet the community’s immediate issues.
It only hopes that the National Council for Transgender People would allow the legislation to be applied more favourably and thereby have further forearm space for legitimate cultural members that the Bill itself failed to accommodate. The Rajya Sabha will consider the significant differences in this inadequate Bill and submit it for further analysis.
Eduindex News 