26 Sep, 2022

The Stumbling Block of Transgender Persons Act

Author:  Akhil, Research Fellow, Goeman Bind

 

Genders are generally categorized as ‘male’ and ‘female’. Nevertheless, In India there exist socio-cultural groups of transgender people like Hijras, and other transgender identities like-Aradhis, Sakhi, Jogtas, Jogappas, etc. Transgender persons are fighting for their dignity since inception. They are not even granted with basic and intrinsic human rights in contemporary India. However an attempt has been made by the legislature to introduce the Transgender Persons Act, 2019. In succinct, The Act prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person Act. Are rights to transgender person in private sector are being given? Are they given property rights in ancestral property? Have they been provided with hostels in educational establishments? Have they been provided with the toilets to use? Are they being addressed properly? Can they adopt a child? They are struggling for real human rights. It seems like Human Rights Commission is taking a deep nap as in India everything happens with knee jerk reaction. The punishment in Indian Penal Code for committing the sexual assault upon victim by the perpetrator is very rigorous and it appalls the society however when we go through this act the legislature has miserably failed to evaluate the intensity of the sexual act. Punishment for committing sexual acts upon the transgender person is two years which shows that the legislature has adopted the pedantic and lexicographic approach and it is against the public policy because they are as human as we are. On the paper it seems like legislature has given the rights to transgender Persons however the people look down upon them with disgust and disregard.  These issues are just tip of an iceberg. What we can do is initiate a conversation so that transgender persons get their rights properly addressed. There is strong need that these rights be properly addressed at different forums and legislature better comes up with amendment.



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