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Analyzing the Transgender Persons (Protection of Rights) Act, 2019: A Comprehensive Examination of Rights and Challenges

Our civilization is structured around the fundamental ideas of gender and sexuality. People are classified as female or male, and this phenomenon permeates all spheres of society. Yet, gender variation throws a wrench in this method of sexual orientation classification based on gender.

Being transgender and existing in a society like India has never been simple. Every person on the earth has the basic rights to life, education, healthcare, and employment, but transgender people have fought for these rights since before they were even born. A transgender person is one whose gender identification and sense of self do not match their biological sex.

Understanding the fundamental distinctions between sex, gender, sexual orientation, and gender identity is necessary in order to fully appreciate the discrimination experienced by the transgender community. Due to a lack of understanding and acceptance of these issues, as well as a lack of education on the subject, the transgender community is currently dealing with concerns.

The transgender community is at the mercy of governments, society, and legislation as a result of this lack of awareness. This is one of the primary causes of their backwardness, and another major factor in the transgender community's lack of social acceptance is the stereotyped mentality that the British left behind. On November 26, 2019, the government enacted the Transgender People (Protection of Rights) Bill, 2019 to assist transgender persons in overcoming various forms of prejudice. After receiving the president's approval on December 5th, 2019, the Bill has now been made into an Act. The Act, however, fell short of what trans people had hoped for.

Rational And Significance
Those who identify as transgender contest the normalisation of the gender binary framework that governs society. In India, transgender persons can be found in a wide variety of sociocultural groups, including the Hijras and Kinnaras, as well as those who identify as Jogappas, Shaktis, Jogtas, Sakhi, Aradhis, and others. Extreme persecution and discrimination are experienced by certain subgroups. They frequently become the target of unfair practises, such as verbal, physical, and sexual abuse and violence, false imprisonment, denial of admission and services to institutions of higher learning, refusal to participate in property inheritance, and victimisation in family, work, and healthcare settings.

The researcher has studied the Transgender Persons (Protection of Rights) Act, 2019.

The Transgender Persons (Protection of Rights) Act can be studied to learn more about their group, the challenges they encounter, and the rights they are entitled to. This research will assist students comprehend the transgender community, their rights, and the relevance of the Act. The researcher's research was strictly focused on comprehending the Acts approach.

The rights of Transgender Persons Act and its application are better understood by pupils thanks to this study. It also helps with the study of regulations that transgender individuals must go by in order to put The Act into practise in their lives, and if any laws are broken, The Act imposes penalties. The results of this study may be useful to society and the students.

Aims And Objectives Of Research
The following are the aims and objectives of the Act analysis:
  1. To study the History of the Transgender Persons (Protection of Rights) Act.
  2. To research related state or national bills and laws.
  3. To comprehend another proposed measure from some organisations or NGOs.
  4. to explore the Transgender Act legislative commission reports.
  5. To properly understand the Transgender Act's key elements.
  6. To examine the changes introduced by the Transgender Protection Act.
  7. To acknowledge the Lok Sabha's contribution to the Act's enactment.
  8. To comprehend the Rajya Sabha's contribution to the Act.

History Of Legislation
When the British came in India, they lacked the perspective necessary to understand the social bonds and gender norms that the Indians observed. Combining Indian and British culture meant that their a conservationist lifestyle, which was Jesus Christ's mandate, was contaminated. Since then, the British have been enacting legislation that violate social norms around gender and sexual orientation. They introduced pejorative words, such as 'Chakka,' which was used to refer to the third gender. For their defiant behaviour towards sexual or gender roles and for obfuscating the line between culturally acceptable gender norms, transgender people became despised.

One of the Acts that contributed to the dissemination of the idea that the transgender people are not worthy of human rights or any rights at all is the Criminal Tribes Act of 1871. The British labelled members of the transgender community as lifelong criminals due to their dangerously aberrant behaviour of wearing womanly attire and dancing to seduce men for gay sex. Because of this, fear of the transgender community has persisted into the twenty-first century thanks to Victorian ideals, which are the British mind. Although the distinction was abolished after independence and the Criminal Tribes Act of 1871 was repealed, people's misconceptions about the other category have persisted.

The Justice Verma Committee report on rape legislation, which was released in 2012, recommended changing the penal code to recognize crimes committed against the transgender population. The Verma Committee report observed that "If human rights of freedom mean anything, India cannot deny the citizens the right to be different. The state must not use oppressive and repressive labelling of despised sexuality. Thus, the right to sexual orientation is a human right guaranteed by the fundamental principles of equality. We must also add that transgender communities are also entitled to an affirmation of gender autonomy. Our cultural prejudices must yield to constitutional principles of equality, empathy and respect."[1]

The Rights of Transgender Persons Bill, 2014 was introduced in the Rajya Sabha by Tiruchi Siva, a member of the Dravida Munnetra Kazhagam (DMK) party. The measure was approved by the Rajya Sabha in April 2015; however, it was rejected by the Lok Sabha due to a lack of support. Since it was pending until the Lok Sabha was dissolved, this law was improperly allowed to lapse.

The government's 2016 introduction of the Transgender Persons (Protection of Rights) Bill demonstrated a significant departure from the idea of self-identification of transgenders recommended by the SC ruling in National Legal Services Authority (NALSA) v. Union of India[2], the expert committee report, and the 2014 Rights of Transgender Persons Bill. In contrast to the idea of the right to self-identification, the 2016 bill required people to undergo a medical evaluation by a District Screening Committee made up of a Chief Medical Officer, a psychiatrist, a social worker, and a member of the transgender community in order to be recognized as transgender.

Other Similar Bills Or Legislations At State Or Center

This Act with other similar bills or legislations at state or center has been suggested by the researcher:
  1. Transgender's Right under Indian Constitution:
    The Preamble of the Indian Constitution states that every citizen Justice: social, economic, political equality of status.[3] The third gender has been denied several rights as an Indian citizen, including the right to vote, the right to own property, the right to marry, the right to claim a formal identity through a passport, etc. More importantly, however, is their right to education, employment, health, and other basic necessities. Previously, the Indian state only recognized two sexes, namely male and female. Their fundamental rights under Articles 14, 15, 16, and 21[4] they were denied. According to NALSA judgment[5], the transgender community's rights were acknowledged, and an Act was passed to protect and defend those rights.

    Article 14 deals with equality before the law or equal protection under the law on Indian territory. The transgender person is entitled to legal protection under the Indian Constitution in all areas of state action because Article 14 clearly fits under the definition of person which covers the male, female, and third gender within its ambit. The third gender is included under the scope of Article 15, which deals with the prohibition of discrimination on the basis of religion, race, caste, and sex. As citizens, they have the right to be free from discrimination based on their religion, caste, race, and sex. They are entitled to the protection of their gender expression, which is primarily expressed in the way they look, act, and behave.

    As Article 16 is used to expand the definition of sex to include psychological sex and gender identity within its purview, it deals with equality of opportunity in the context of public employment. Being citizens of India, transgender people have the right to employment and equal treatment in hiring decisions, and they should not face prejudice because of their sexual orientation. No one may be deprived of his or her life or personal liberty unless in accordance with the rules of law, as per Article 21, which deals with the protection of life and personal liberty. Transgender people have been denied their right to life and personal liberty for decades. Being an Indian citizen, the transgender person should have complete rights to safeguard their freedom.

    In the case of Navtej Singh Johar v. Union of India[6] the decriminalization of Section 377 of the Indian Penal Code. The case's primary focus was the constitutional validity of Section 377. The petitioner in this case filed a writ petition to demand that the right to sexuality, the right to sexual autonomy, and the freedom to select a sexual partner be recognized as elements of the right to which is provided by Article 21 of the Indian Constitution. In the current the case the petitioner claimed that Section 377 violated Article 14 because it was ambiguous and failed to distinguish between natural and unnatural consensual sex and did not describe carnal intercourse as being against the natural order of things. Additionally, Section 377 violated Articles 15 and 19 since it restricted the right to express one's sexual identity and discriminated against people based on the sex of their sexual partners.
  2. Position of Transgenders under Indian Penal Code Act, 1860:
    The gender neutrality of sexual offences under the IPC is intended to encompass a holistic knowledge of the nature of the offence outside of its context of gender, not to desexualize the offence. The legal situation is still fragile even though Section 377 was only decriminalized for homosexual acts committed consensually between two adults and left the criminalization of all other non-consensual conduct falling under the purview of unnatural offences intact. It excludes other sexual assaults that transgender people regularly face, including rape, voyeurism, stalking, and trafficking.

    This analogy is made using the Justice Verma Committee Report of 2013[7], which recognized specific sexual assaults that may have been perpetrated against women and did not classify all sexual offences as rape. Along with section 377, the other provisions relating to sexual offences such as section 354 which deals with all other forms of sexual offences such as stalking, voyeurism, etc. must also be amended to replace the word 'any woman' with ' any person' so as to ensure the protection of transgenders, in particular the Hijra community who have faced a lot of oppression by not only the society but also the law enforcement agencies due to their gender as well as their economic status which has made them a prey to such acts.[8]
  3. Position of Transgenders under Prevention of Sexual Harassment Committee Act, 2013
    A law protecting women from sexual harassment at work was required as an outcome of the well-known case of Vishaka v. State of Rajasthan. Up until 2013[9], when a law was passed for the same purpose, the Vishaka Guidelines were followed throughout India to safeguard women from such horrifying workplace tragedies. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is only intended to safeguard women in the workplace and is gender specific.

    But it ignores the fact that males and transgender people can also experience sexual harassment at work. Speaking specifically of transgender people, this group is a sexual minority and is more vulnerable to harassment and violence than men due to their gender and more than women due to the absence of legislation that would protect them.

    The Transgender Persons (Protection of Rights) Act of 2019 and the legal recognition of the third gender have given transgender people the ability to work anywhere without facing any legal discrimination. Due to the male-dominated society that still does not acknowledge the third gender as one of them and as someone who is equally capable of working and earning, transgender people are also vulnerable to sexual harassment at work.

    The POSH Act's lack of gender neutrality has been numerous times stated up. The 239th Parliamentary Standing Committee[10] cited the majority of female victims of such crimes as justification for the same, noting that Article 15(4) of the Constitution allows the Parliament to make any special provisions for SC and ST citizens who belong to socially or educationally disadvantaged classes. While this is by no means a convincing case to exclude men from the law owing to their social standing, it does serve as a strong rationale to include transgender people in the Act.
  4. Position of Transgenders under Immoral Traffic (Prevention) Act, 1956:
    It is well known that transgender people are among communities most impacted by sex trafficking. The Immoral Traffic (Prevention) Act of 1956 was passed with the specific intention of eradicating the trafficking of women and children. However, an amendment was adopted in 1986 to cover not just male and female trafficking, but also individuals who do not fit into any of the categories due to the rise in the number of people being trafficked for sexual exploitation. This meant that while women became the victims, men and transgender people became the criminal subjects.

    It overlooked the possibility that transgender people can also fall prey to human trafficking. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018[11], was also introduced, and it had a significant impact on the trans community because it made beggarly and consenting sex work illegal.

    When the trans community first received legal recognition in 2016, it was still quite challenging for those who were oppressed and members of the Hijra community to actually make a living in the organized sector. They were compelled to engage in sex work and beg due to years of abandonment. However, the criminalization of the same resulted in a significant setback for the community because the government did not engage them or offer any alternative programmes for skill development that would have helped these individuals become independent and contribute to the organized sector. While the proposal for the bill is genuine it must also consider the various stakeholders because justice for one group of people should not come at the expense of another.
  5. International Norms:
    India has signed and ratified the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights. Every human being has an inherent right to life, which must be protected by law, according to Article 6 of the UDHR and Article 16 of the ICCPR, 1966. The international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006 produced the Yogyakarta Principles that speaks extensively about rights of trans gender community. The Yogyakarta Principles expect States to "take all necessary legislative, administrative and other measures to fully respect and legally recognize each person's self-defined gender identity.[12]

Suggested Bill Of Some Institution/ NGO

  1. The Rights of Transgender Persons Bill 2014, proposed by Tiruchi Siva
    Tiruchi Siva, the leader of the Dravida Munnetra Kazhagam (DMK), proposed the Rights of Transgender Persons Bill[13] 2014 in the Rajya Sabha in April 2015. He claimed that 29 countries and democracies throughout the world, including the United States, United Kingdom, Canada, France, Australia, Italy, and Singapore, have enacted legislation to protect the rights of transgender people. He also talked on how transgender people have been denied their fundamental rights, with the exception of the right to vote.

    The bill suggests developing and putting into effect a comprehensive national policy to ensure the growth and welfare of transgender people. In order to protect their rights, it aims to create the Employment Exchange, National and State Commission for Transgender Persons, and Special Transgender Rights Court.

    Ans unless a competent court order it, no child can be taken away from their parents because they are transgender. In educational institutions and government employment, there must be a 2% reservation for transgender people. The law also seeks to punish those who make insulting remarks about transgender people with up to a year in prison and a fine. However, the lower house did not approve the bill.
  2. The Transgender Persons (Protection of Rights) Bill, 2016, proposed by Thaawarchand Gehlot:
    The Transgender Persons (Protection of Rights) Bill[14], 2016 was introduced in the Lok Sabha by Thaawarchand Gehlot, the Minister of Social Justice and Empowerment, in August 2016. The opposition parties, on the other hand, vigorously opposed the bill, which was then forwarded to the Standing Committee on Social Justice and Empowerment. The Bill is divided into nine chapters, ranging from Section 1 to Section 24.

    The government's 2016 introduction of the Transgender Persons (Protection of Rights) Bill demonstrated an important change from the idea of self-identification of transgenders recommended by the SC ruling of National Legal Services Authority (NALSA) v. Union of India[15], the expert committee report, and the Rights of Transgender Persons Bill, 2014.

    In contrast to the idea of the right to self-identification, the 2016 bill required people to undergo a medical evaluation by a District Screening Committee made up of a Chief Medical Officer, a psychiatrist, a social worker, and a member of the transgender community in order to be recognized as transgender. The final version of the legislation identified transgenders as being "partly female or male; or a combination of female and male; or neither female nor male."

    This definition reinforces the notion that sex is a binary and was widely criticized for erasing the separate sexual identity of trans community.[16] The bill also makes it illegal to force transgender people to beg or flee their home country. The bill also omitted a provision for earmarking jobs for the transgender population. The community and campaigners for transgender rights fiercely opposed the bill. It was consequently forwarded to a Parliamentary Standing Committee on Social Justice and Empowerment associated with the Department.

    The definition of discrimination stated in the 2014 Bill[17] is not included in the current Bill. Due to the lack of a definition for discrimination, some actions may constitute it on the basis of social, cultural, or other factors, but transgender people will be unable to protect their legal rights on this general definition.

    The Bill's overview of transgender people encompasses a fairly large group of people. The term places intersex and transgender people on an equal footing. The bill's definition of an establishment excludes the private sector from its scope. Additionally, it excludes the unorganized sector.

    Therefore, individuals will not be able to vindicate their rights if their rights are violated in the private or unorganized sector. Unlike the 2014 Bill[18], which included transgender health care center's and subsidies for them, the new legislation does not include transgender health care center's or any subsidies for them. It offers medical expense coverage through a complete insurance plan that is not included in the bill. When transgender people are registered for gender identity, they should be granted an insurance plan.
  3. The Transgender Persons (Protection of Rights) Bill, 2019, proposed by Thaawarchand Gehlot:
    The Lok Sabha initially introduced and approved the Transgender Persons (Protection of Rights) Bill[19] in 2019, which was first introduced in 2016. The Rajya Sabha, however, failed to approve the bill, bringing the legal situation to a halt. In spite of this, the Bill was reintroduced in 2019 and passed by the two houses, receiving presidential approval, and becoming an Act.

    While the absence of input from members of the transgender community led to harsh criticism of this Act, it also brought to light several previously unrecognized transgender difficulties and highlighted some of the very prevalent problems they encounter.

The Act recognizes the following offences against transgender persons:
  1. Forced or bonded labour (excluding compulsory government service for public purposes)
  2. Denial of use of public places
  3. Removal from household and village
  4. Physical, sexual, verbal, emotional, or economic abuse

Intersex people were excluded from the definition of a transgender person under the statute, which drew criticism. In its report, the Standing Committee recommended that the Act include intersex individuals in the same manner as transgender people. They suggested renaming the law Transgender and Intersex Persons (Protection of Rights) in order to be more inclusive. But the 2019 Bill[21] does not contain this recommendation. The Act also requires transgender people to obtain identification documentation from the District Magistrate. The self-identification principle is violated by this. Furthermore, if the District Magistrate refuses to deliver the certificate, there is no option in the Act for redress.

Committee/ Law Commission Reports

The Law Commission of India presented its 172 nd report, which addressed the amendment of the country's then-existing rape laws, in March 2000, with guidance from the Supreme Court in response to a PIL filed by a non-governmental organization. The report from the Law Commission sought to broaden the definition of Section 375[22] offences, aimed to make the laws against rape and sexual assault, which were then strongly biased in favour of women, more gender neutral, aims to outlaw the exploitation and abuse of children sexually. A child's mentality may be traumatized and have lasting effects from a sexual offence.

The Report had very less to say about Section 377 Nonetheless, it recommended the deletion of this section under the following justification: "In the light of the change effected by us in Section 375, we are of the opinion that Section 377 deserved to be deleted. After the changes effected by us in the preceding provision (Section 375 to 376-E), the only content left in Section 377 is having voluntary carnal intercourse with any animal, we may leave such person in their just deserts."[23]

While Section 377 should be deleted, little was mentioned about the gender neutrality issues or the legal protections for transgender people. Despite the fact that the report did not become a reality until 2012, the trans community was able to observe the change in the attitudes of the lawmakers, which eventually led to another ground-breaking decision in Naz Foundation v. Govt. of NCT of Delhi.[24]

The LGBTQ community's views and screams regarding the need for gender inclusive laws relating to sexual assaults were heard by the Verma Committee[25] for the first time. The community was given an opportunity to voice its concerns about the absence of legal protections and inclusivity in crimes involving sexual misconduct.

The Committee recommended retention of the law on rape and in addition making sexual assault a gender-neutral offence, unlike the 172nd Report, by using the term 'person' instead of 'woman' for the purposes of defining victim of rape and sexual assault and retaining the term 'man' for the perpetrator and thereby bringing within its scope the transgender community.[26]

Although this appeared to be a significant success for the trans community, it was only temporary because the Criminal Law (Amendment) Act, 2013 merely carried out the recommendations made to tighten the definition of rape. It kept the gender-specific definitions of these sexual offences and did not consider the gender-neutral component.

Important Provisions Of The Legislation

The following rights are to be granted to the transgender community by the central government:
  • A. Definitions in the Transgender Persons Act:
    The definitions of transgender people and people with intersex variance now include both men and women, even if they have not received any therapy, such as hormone therapy, sex reassignment surgery, or any other.
  • B. Prohibition against Discrimination:
    This law forbids discrimination against transgender people, including denial of service or unfair treatment in relation to:
    1. education
    2. employment
    3. healthcare
    4. access to, or enjoyment of, goods, facilities, or opportunities available to the public
    5. right to movement
    6. right to live on, rent, or otherwise occupy the property
    7. opportunity to hold public or private office
    8. access to a government or private establishment in whose care or custody the transgender person is
  • C. Right of Residence:
    Every transgender person is entitled to a home and to be a part of their household. A competent court may order the placement of the transgender person in a rehabilitation facility if the individual's immediate family is unable to care for them.
  • D. Identity Certificate:
    It governs the right to a self-perceived gender identity and further places responsibility for the issuance of a certificate of identity as a Transgender person, without undergoing a medical assessment, on the district magistrate. Additionally, it allows anyone claiming a change in gender to change their gender to either female or male.
  • E. Equal Opportunity:
    It also regulates the transgender community's rights to equal treatment in policy matters. The creation of specific policy measures that would include transgender people is required by law.
  • F. Complaint officer:
    Every business has to assign a single person to handle complaints under the law.
  • G. Healthcare and Medical Facilities:
    The law also requires the establishment of separate HIV surveillance centres for transgender people; the facilities must include healthcare related to hormone therapies, sex reassignment procedures, and so on, as well as cover medical expenses through an insurance scheme suited to the medical needs of transgender people.
  • H. National Council for Transgender Persons (NCT):
    In accordance with the law, the NCT must be established in order to direct and advise government authorities on matters such as the evaluation of current policies, the formulation of new ones, and the redress of grievances.
  • I. Offences and Penalties:
    The Act now covers and makes punishable by law actions like coercing transgender people into labour or denying them access to public facilities. It also makes violations like mental, emotional, physical, or sexual abuse or assault punishable by law.

Changes Brought By The Legislation

The Transgender Persons (Protection of Rights) Act of 2019 was eventually passed in 2019 after years of fight that began in 2012. Because this rule was approved hastily and many majors were unconcerned, it was considered a "black day" because the transgender topic needed to be properly discussed and acknowledged. A trans person is someone whose gender identity at birth differs from that of other people. In India, it comprises Kothis, Aravanis, and Hijras.

The LGBT community struggles greatly as a result of their gender, which is why the transgender act was created. The act aims to help transgender people safeguard their rights in society while also defending their legal rights. The 2019 act attempted to fix the problems in the 2016 and 2018 bills. Transgender persons attempt to support themselves by beggaring and, in order to do so, serve others improperly.

A criterion was established that transgender people should be treated equally in all places where they had previously been harassed. At educational institutions, places of employment, and other such services, they shall receive equal treatment. The act provided that transgender people might undergo gender reassignment surgery and get the gender of their choosing. They would also receive a certificate verifying their identity and would thereafter be considered to be both men and women, with full access to their gender identity rights.

According to the Transgender Person (Protection of Rights) Act of 2019, a transgender person is one whose gender is different from and does not correspond with the gender indicated at birth. People with socio-cultural identities and intersex features fall under this category. The statute has made it obvious that sex reassignment surgery is not necessary. Furthermore, it is strictly forbidden for communities to discriminate against individuals based on their gender in public spaces where people come together, and no one is allowed to deny them their rights.

The Transgender Person (Protection of Rights) Act of 2019, Section 4(2), which grants transgender people the right to self-perceive their gender identity and the ability to have a personal sense of their own gender, was regarded as crucial. Additionally, Sections 5, 6, and 7 have made it necessary for all transgender people to obtain a certificate of identity from the District Magistrate. This will serve as identification proof and serve as proof of recognition.

Role Of Lok Sabha

The Transgender Persons (Protection of Rights) Act, 2019, was substantially passed by the Lok Sabha, the lower house of the Indian Parliament. On July 19, 2019, the bill was introduced in the Lok Sabha and submitted to a standing committee of the legislature for review and a report. After the committee turned in its report on January 7, 2020, the Lok Sabha took up the bill for discussion and eventual passage.

Members of the Lok Sabha debated the bill's thoroughness, its provisions for identity recognition, health care, education, and the necessity to protect the rights of transgender people during the legislative debates. On August 5, 2019, the Lok Sabha finally approved the bill with a voice vote. It is significant to note that the Transgender Persons (Protection of Rights) Act, 2019, has drawn criticism for being insufficient and failing to adequately address the concerns of the transgender community. To draw attention to the problems encountered by transgender people in India and to take steps to address their rights and concerns, the Lok Sabha's role in adopting the law was vital.

Speaking on behalf of the government, Rattan Lal Kataria, MoS, Ministry of Social Justice and Empowerment, said the Bill will guarantee rights to and provide welfare measures for transgender persons, and work against the discrimination they face. "There were 27 amendments to the original Bill and we accepted most of them. The Bill was also passed in the 16th Lok Sabha. However, before it could reach the Rajya Sabha, the House was dissolved.

On 19th July 2019, Minister Thawarchand Gehlot introduced the Bill in the Lok Sabha. According to the 2011 census, over 4.8 lakh (0.04%) people belong to the trans community. The government had a serious issue before it and after discussions and consultations with expert committees, this Bill was drafted. I appeal to members to pass the Bill," Kataria said on the floor of the house. [27]

Role Of Rajya Sabha

Both the Rajya Sabha and the Lok Sabha, the two houses of India's parliament, approved the Transgender Persons (Protection of Rights) Act, 2019. The upper house of the Indian Parliament is called the Rajya Sabha, also referred to as the Council of States. After lengthy deliberation and discussion, it has the authority to adopt legislation, including the Transgender Persons Act.

The Rajya Sabha approved the bill for this Act on November 26, 2019, and the Lok Sabha approved it on December 5, 2019. The Rights of Transgendered Persons, a private member's bill introduced in the Rajya Sabha in 2014 by Tiruchi Siva. The bill examined a variety of these individuals' rights, notably addressing their needs in the areas of health and education, as well as chances for skill-building and employment, as well as protection against abuse and torture.

Since it thoroughly debated and discussed the law before enacting it, the Rajya Sabha was crucial to the passage of the Transgender Persons Act. The Rajya Sabha had the chance to examine the bill's provisions, suggest amendments, and voice their thoughts on its advantages and disadvantages. All things considered, the Rajya Sabha was essential in ensuring that the Transgender Persons Act was extensively studied and debated before being voted into law.

Tiruchi Siva of DMK suggested that instead of the National Council for Transgender Persons, a statutory commission like SC/ST Commission be set up to resolve the grievances of the community. Siva pointed out that the punishment prescribed under the Bill for sexual abuse of transgenders is not in line with punishment clauses for other rapes and hence, should be reworked. [28]

Although gender variety is acknowledged in temple sculptures, mythology, and religious treatises due to colonial history, transgender individuals still experience prejudice, stigma, discrimination, and violence in India today. Families, educational institutions, businesses, law enforcement agencies, healthcare facilities, the media, and society at large are all violated when transgender people's human rights are violated. To eradicate stigma and discrimination against the community, affirmative action is required. Transgender people's journey has never been simple; it has always been difficult.

They are struggling and struggling to carve out a place for themselves in this society. Although there have been some advancements in societal attitude from earlier times, there is still more ground to be covered. Through the 2019 Act, the government is also attempting to raise awareness of them and their rights. However, there are other flaws in the Act that must be fixed if the community is to prosper and feel safe.

The Transgender Persons (Protection of Rights) Rules 2020, which were simply included to support the Act of 2019, have similarly proven ineffective. The community has expectations from the government because proposals made by the people at the time of the Rules were accepted so easily, yet the current Rules are once again a major source of unhappiness.

There are still numerous amendments that need to be made to the Act, so the struggle is far from over. It is hoped that the government will make every effort to create a society where the people can feel secure and in control. Along with the legislation and the Act, the people's top priorities are to be respected and accepted by society. For this, society must adopt a new viewpoint and embrace them as regular people.

After the completion of the research, the researcher has made a few suggestions. They are as follows:
  1. A specific school for transgender students should be established, as well as free education from kindergarten to grade twelve. Determine safe areas, such as counsellors' offices, special classrooms, or student groups, where Trans students can get assistance from administrators, teachers, or other school staff.
  2. The community has its own distinct folk music, art, and dance traditions. The community gains a strong sense of identity and strength. In order to encourage greater community engagement, it is necessary to connect these creative and cultural expressions with daily activities. In order to establish a connection between financial support and job chances, efforts should be undertaken.
  3. To increase public knowledge and strengthen transgender people's ability to exercise their rights, transgender human rights problems should be emphasized in the media and other public forums. It must stop being said that media reports are unacceptable.
  4. All transgender patients must have their unique needs met by doctors and other healthcare professionals. To stop psychosocial harassment and discrimination, advocacy work should be done for counsellors, psychiatrists, and other mental health practitioners.
  5. Inform the police of the problems the transgender community is facing. Dishonourable remarks and harassment will be dealt with according to the law.
  6. Make the general public aware of their issues.
  7. Education about how to accept children with gender differences, treat people of different genders and gender identities fairly, and implement policies and plans in a way needs to be provided to local authorities, policymakers, schools, and families, friendly as opposed to hostile.
  8. Recruitment, retention, promotion, and employee benefits processes should all be subject to anti-discrimination policies that are designed and effectively implemented. Transgender individuals should be covered under workplace sexual harassment rules.
  9. Transgender equality must be a part of institutional and policy changes that allow for the poor and other vulnerable groups to access social security programmes.

  1. Evolution of legal identification and rights of trans community through Indian history, Legal Simplified, available at
  2. AIR 2014 SC 1863.
  3. Preamble, the Constitution of India.
  4. Art. 14, 15, 16 and 21, the Constitution of India.
  5. AIR 2014 SC 1863.
  6. Writ Petition (Criminal) No. 76 of 2016.
  7. Committee on Amendment to Criminal Law, Rajya Sabha, Report of the Committee on Amendments to Criminal Law, 2013.
  8. Charvi Devprakasht, Legal Safeguards for Transgenders from Sexual Offences: The Need of the Hour, SCC ONLINE Blog, available at, last seen on 12/04/2023.
  9. (1997) 6 SCC 241.
  10. Parliamentary Standing Committee on Human Resource Development, Rajya Sabha, The Protection of Women Against Sexual Harassment at Workplace Bill, 2010.
  11. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 (passed by Lok Sabha).
  12. Evolution of legal identification and rights of trans community through Indian history, Legal Simplified, available at
  13. The Rights of Transgender Persons Bill, 2014 (passed by Rajya Sabha, 25/04/2015).
  14. The Transgender Persons (Protection of Rights) Bill, 2016 (passed by Lok Sabha, august 2016).
  15. AIR 2014 SC 1863.
  16. Evolution of legal identification and rights of trans community through Indian history, Legal Simplified, available at
  17. The Rights of Transgender Persons Bill, 2014 (passed by Rajya Sabha, 25/04/2015).
  18. Ibid.
  19. The Transgender Persons (Protection of Rights), 2019 (draft bill, January 10, 2020).
  20. Charvi Devprakasht, Legal Safeguards for Transgenders from Sexual Offences: The Need of the Hour, SCC ONLINE Blog, available at, last seen on 13/04/2023.
  21. The Transgender Persons (Protection of Rights), 2019 (draft bill, January 10, 2020).
  22. S. 375, The Indian Penal Code, 1960.
  23. Charvi Devprakasht, Legal Safeguards for Transgenders from Sexual Offences: The Need of the Hour, SCC ONLINE Blog, available at, last seen on 13/04/2023.
  24. 2009 SCC Online Del 1762.
  25. Committee on Amendment to Criminal Law, Rajya Sabha, Report of the Committee on Amendments to Criminal Law, 2013.
  26. Charvi Devprakasht, Legal Safeguards for Transgenders from Sexual Offences: The Need of the Hour, SCC/ONLINE Blog, available at, last seen on 13/04/2023.
  27. Sanyukta Dharmadhikari, Trans Bill 2019 passed in Lok Sabha: Why the trans community in India is rejecting it, The News Minute (5/8/2019), available at, last seen on 15/04/2023.
  28. Sweta Dutta, Rajya Sabha passes Transgender Persons Bill despite stiff opposition, Mumbai Mirror, available at, last seen on 15/04/2023.

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