Transgender Persons (Protection of

Rights) Act, 2019

The Transgender Persons (Protection of Rights) Act, 2019 is

an act of the Parliament of India with the objective to provide for The Transgender Persons
protection of rights of transgender people, their welfare, and other (Protection of Rights) Act,
related matters. The act was introduced in the Lok Sabha, the lower 2019
house of the Parliament, on 19 July 2019 by the Minister of Social
Justice and Empowerment, Thawar Chand Gehlot, in light of the
lapse of the Transgender Persons (Protection of Rights) Bill, 2018
(Bill No. 210-C of 2016). The 2019 act and the immediately
preceding 2018 bill, were both preceded by a 2016 version. They
were met with protests and criticism by transgender people, lawyers,
and activists in India. The 2016 bill was sent to a standing
committee which submitted its report in July 2017. Following this,
the Lok Sabha tabled and passed a newer version of the bill in
December 2018. However, it did not incorporate many of the Parliament of India
committee's recommendations. Although members of the opposition
criticised the 2019 act and assured transgender people that they Long title
would not vote in favour of it, it was passed by the Lok Sabha on 5 An Act to provide for protection of
August 2019 and by the Rajya Sabha, the upper house of the rights of transgender persons and
Parliament, on 26 November 2019. The president assented to it on 5 their welfare and for matters
December 2019, upon which the act was published in the Gazette of connected therewith and incidental
India. It has been in effect since 10 January 2020 following a thereto.
notification of the same in the Gazette on the same day.
Citation Act No. 40 of 2019
Following protests by the queer community against the 2016 and [1] (http://socialjustic
2018 bills, the 2019 act has done away with few of the severely e.nic.in/writereaddat
criticised provisions of the 2018 bill, such as the criminalisation of a/UploadFile/TG%20
begging and the establishment of a district screening committee to
bill%20gazette.pdf)
process applications for issuance of transgender person certificates.
However, it fails to incorporate yet other principles in line with the Territorial Republic of India
Supreme Court judgment in National Legal Services Authority v. extent
Union of India (NALSA v. UOI) in 2014, such as the right of Enacted by Parliament of India
transgender people to declare their self-perceived gender identity
without undergoing sex reassignment surgery, and reservations in Passed 5 August 2019
jobs and educational institutions. The act has also been criticised for Passed 26 November 2019
imposing less punishment for crimes against transgender people Assented to 5 December 2019
compared with punishment for crimes against cisgender people. On
27 January 2020, the Supreme Court issued a notice to the central Signed 5 December 2019
government in a petition challenging the constitutionality of the act. Commenced 10 January 2020 [2]
(http://egazette.nic.i
In January 2014, while judicial pronouncement in the NALSA
n/WriteReadData/20
petition was pending, the Ministry of Social Justice and
20/215301.pdf)
Empowerment published an Expert Committee Report on issues
relating to transgender people, after consultations with transgender Legislative history
people. Tiruchi Siva, of the Dravida Munnetra Kazhagam party, had Bill The Transgender
introduced the Rights of Transgender Persons Bill in 2014, in the
Persons (Protection
Rajya Sabha, which was passed by the house in 2015. It stayed
of Rights) Bill, 2019
pending in the Lok Sabha, during which the 2016 bill was tabled,
and lapsed following the dissolution of the house prior to the 2019 Bill citation Bill No. 169 of 2019
general elections. Parties such as the Indian National Congress and [3] (http://www.prsind
Communist Party of India (Marxist) had promised in their ia.org/sites/default/fil
respective electoral manifestoes for the 2019 elections to, es/bill_files/The%20
respectively, withdraw the 2018 bill — while introducing a new one Transgender%20Per
consulting members of the queer community — and pass one based
sons%20%28Protect
on the 2014 bill.
ion%20of%20Right
s%29%20Bill%2C%
202019%20Bill%20T
Contents ext.pdf)
History and background Bill 19 July 2019
Statutory provisions published
on
Criticism and reactions
Introduced Minister for Social
See also
by Justice and
References Empowerment
External links First 5 August 2019
reading

History and background Committee 43rd Report by

report Standing Committee
on Social Justice
On 15 April 2014, the Supreme
Court of India delivered its and Empowerment,
judgment in National Legal July 2017 (http://ww
Services Authority v. Union of w.prsindia.org/sites/d
India (NALSA v. UOI), in which it efault/files/bill_files/S
recognised the rights of CR-%20Transgende
transgender people in India and r%20Bill.pdf)
laid down a series of measures for
Related legislation
securing transgender people's
rights by mandating the The Transgender Persons
prohibition of discrimination, (Protection of Rights) Bill, 2018 (htt
recommending the creation of p://www.prsindia.org/sites/default/file
welfare policies, and reservations s/bill_files/Transgender%20person
for transgender people in s%20bill%20as%20passed%20by%
Hijras in eastern Bengal, circa educational institutions and jobs. [1]
1860
20LS.pdf)
The judgment upheld the right of a
The Transgender Persons
transgender person to self-
perceived gender identity, (Protection of Rights) Bill, 2016 (htt
guaranteed by the Constitution of India, in the absence of sex p://www.prsindia.org/sites/default/file
reassignment surgery.[2] The 2014 judicial mandate was affirmed by s/bill_files/Transgender_Persons_Bil
the judgments of the Supreme Court in Justice K. S. Puttaswamy l%2C_2016_1.pdf)
(Retd.) and anr. v. Union of India and ors. (2017) and Navtej Singh
Johar v. Union of India (2018).[3] The judgment in NALSA v. UOI The Rights of Transgender Persons
also noted the presence of transgender people in India throughout Bill, 2014
its history, and made reference to the hijra, kinnar, and jogta Status: In force
communities, spread across the country and elsewhere in the Indian
subcontinent.[4][5]

While the decision in the NALSA petition was still pending, an Expert Committee Report on issues
relating to transgender people was published in January 2014,[6] after consultations by the Ministry of
Social Justice and Empowerment with transgender people in August 2013.[7][8] In this context, Tiruchi
Siva of the Dravida Munnetra Kazhagam party introduced a private member's bill in the Rajya Sabha,
namely the Rights of Transgender Persons Bill, 2014 (Bill No. 49 of 2014).[9][10]

The government had initially asked Siva to withdraw the bill due to there being "some anomalies" in the
text; however, the opposition had a majority in the house and the bill was unanimously passed by the
Rajya Sabha on 24 April 2015.[9] The bill was welcomed by queer rights activists in India.[11] However,
some transgender people noted their absence from the entire process and called for their
recommendations to be sought.[12][13] The Rights of Transgender Persons Bill, 2014 was the first private
member's bill to be passed by the Rajya Sabha in thirty-six years[14] and by the Parliament as a whole in
forty-five years.[15] Between 1947 and 2015, only sixteen private member's bills were passed.[16]

The 2014 bill underwent significant changes when the government drafted its own version of the bill,
omitting provisions in the 2014 bill.[17] After recommendations were received from transgender people,
the bill was sent to the Ministry of Law and Justice.[17] It came to be known as the Rights of Transgender
Persons Bill, 2015.[18] Later, on 26 February 2016, the bill was introduced in the Lok Sabha for debate by
Baijayant Panda of the Biju Janata Dal party.[19] He argued that the bill would help extend constitutional
rights and end discrimination against transgender people, allowing them to live a life of dignity.[19] The
bill was discussed in the Lok Sabha on 29 April 2016.[20] Siva stated that he will not be withdrawing the
2014 bill.[21]

While the 2014 bill passed by the Rajya Sabha was still pending,[22] the government tabled the
Transgender Persons (Protection of Rights) Bill, 2016 (Bill No. 210 of 2016), on 2 August 2016, following
the reconstitution of the Lok Sabha after the 2014 general elections.[23] The 2016 bill had various
provisions which were reportedly regressive and inferior to those in the 2014 bill.[24][25] The bill was met
with criticism and protests from Indian transgender people and was referred to the standing committee,
which submitted its report in July 2018.[25] The Lok Sabha tabled and passed a newer version of the bill
with twenty-seven amendments on 17 December 2018.[26][27] The bill was once again met with severe
criticism and protests across India, as it overlooked the recommendations made by the standing
committee and the suggestions that had been offered by transgender people.[28][29] The 2018 bill lapsed
due to the dissolution of the Lok Sabha.[30] With the house's dissolution, the Rights of Transgender
Persons Bill, 2014 that was still pending before the Lok Sabha also lapsed.[31]

Following the reconstitution of the Lok Sabha after the 2019 general elections, the bill was reintroduced
on 19 July 2019 by the Minister of Social Justice and Empowerment, Thawar Chand Gehlot.[32] Before
this the bill had been approved by the union cabinet on 10 July 2019.[33] The bill was passed by a voice
vote in the Lok Sabha on 5 August 2019, amidst commotion in the house following the revocation of the
state of Jammu and Kashmir's special status by the Parliament on the same day.[34][35] The bill was
introduced in the Rajya Sabha by Thawarchand Gehlot on 20 November 2019, upon which it was passed
without any amendments on 26 November 2019 following a motion to refer it to a select committee that
failed by 77 noes against 55 ayes.[36][37][38] The bill received presidential assent on 5 December 2019,
following which the Ministry of Law and Justice published it in the Gazette of India as Act No. 40 of
2019.[39][40] The act came has been in effect since 10 January 2020 after a notification of the same in the
Gazette by the Ministry of Social Justice and Empowerment.[41][42]

Statutory provisions
The 2018 bill criminalised begging, which many transgender people in India, such as the hijras and
jogtas, engage in as a ritual-custom, while some rely on it for livelihood.[43] It had also mandated
applications be made to the district magistrate for screening through a district screening committee
before the issuance of transgender person certificates.[43][44] The screening committee was to be
composed of five people including a chief medical officer, district social welfare officer,
psychologist/psychiatrist, and a representative of transgender people.[45][46] The 2018 bill had also not
provided for mandatory reservations for transgender people and mandated lower punishment for crimes
against transgender people, as compared to punishment for crimes against cisgender people under the
Indian Penal Code.[25][27] It also ensured a family-life for transgender children, by prohibiting their
separation from their family, without taking into account harassment and discrimination they may face
within their family as a result of which they may voluntarily choose to be separated and to reside instead
with other transgender people.[47][48] A transgender child, as per the provisions, can be separated from
their family only by a court order.[28] Similar to the 2019 statute, the 2018 bill also required one to
undergo sex reassignment surgery to be legally recognised as a man or a woman in official
documents.[49] The 2019 act does away with only a few of the criticised provisions of the 2018 bill, such
as the district screening committee and the criminalisation of begging.[50]

The statutory provisions of the 2019 act prohibit discrimination against transgender people.[50] Similar
to the 2018 bill, the 2019 act includes intersex people, hijras, jogtas, and kinnars within its definition of
transgender people,[49][51] as well as trans-men, trans-women, and genderqueers, though these latter
terms are undefined.[49][52] Both the 2019 act as well as the 2018 bill describe a transgender person as
someone whose gender does not match with the gender assigned to them at birth.[49][53]

Under the provisions of the 2019 act, a transgender person can apply to the district magistrate for a
transgender person certificate which will give them the right to change the name on their birth certificate
and have all documents updated accordingly.[54] However, similar to the 2018 bill provisions, a
transgender person can be identified as male or female only after applying for a revised certificate to the
district magistrate, post sex reassignment surgery.[55]

The 2019 act also protects transgender children and provides for states and institutions to come up with
adequate policies to ensure the welfare of transgender people.[56][48] Similar to the provisions of the
2018 bill, under the provisions of the 2019 act a transgender child can be separated from their family by
a court order.[28] However, unlike the Rights of Transgender Persons Bill, 2014 neither the 2018 bill nor
the 2019 act provide for reservations for transgender people in educational institutions and jobs.[32] The
2014 bill had provided for two per-cent reservations in educational institutions and public
employment.[57] Similar to the 2018 bill, the 2019 act provides for punishment for crimes against
transgender people, which stands as an imprisonment for a term not less than six months but which may
extend to two years and a fine.[25][52] The 2019 act, as well as the 2018 bill, also provide for the
constitution of a National Council for Transgender Persons.[34][58]

On 18 April 2020, the government published Draft Transgender Persons (Protection of Rights) Rules,
2020 in exercise of its powers under the 2019 statute, seeking comments and suggestions on the same
from the public.[59]
Criticism and reactions
The 2018 bill passed by the Lok Sabha was widely criticised by
transgender people, activists, students, and lawyers.[60] Transgender
people protested in various cities in India calling the provisions
regressive and in violation of the Supreme Court's 2014 judgment in
NALSA v. UOI.[27][25] The criminalisation of begging under the 2018
bill was to affect transgender people in India, such as hijras and jogtas,
who engage in begging as a ritual-custom while some rely on it for
livelihood.[44][43] It was alleged by critics that the provision
establishing the district screening committees left gaps for Protests against the 2018 bill in
incompetence and prejudice. [47] Hindustan Times reported that even if Mumbai, in December 2018
the provision of a district screening committee existed to prevent
imposters from seeking benefits of government welfare schemes, such
an arrangement cannot be made at the expense of transgender people's right to self-determination.[61]
The definition of transgender people under the 2018 bill, retained by the 2019 act, was reported by
Frontline to be different than how transgender identity is understood internationally.[49]

The 2018 bill and 2019 act have been met with protests by transgender people.[62] The day of their
passing has been referred to some transgender people as a "black day" and as "gender justice murder
day".[40][24][63] Others described them as "draconian and discriminatory".[64] After the 2018 bill was
passed by the Lok Sabha in December, members of the opposition in the Rajya Sabha had stated they
will not let the bill pass in its present form in the Rajya Sabha.[65] Protestors alleged the 2018 bill
institutionalises violence and decried what they saw as neglect of the recommendations made by the
standing committee and by transgender people.[66] Transgender people called the requirement of
applications to be made to the district magistrate for issuance of transgender certificates, the lesser
punishment for crimes against transgender people, and the absence of provisions on mandatory
reservations for transgender people regressive to the judicial mandate of the Supreme Court in 2014 in
NALSA v. UOI, thereby violating their right to equality and other fundamental rights.[66][67]

In the run-up to the 2019 general elections to the Lok Sabha, the Indian National Congress had promised
in its electoral manifesto to withdraw the 2018 bill and introduce a new one, in consultation with
members of the queer community.[68][69] The Communist Party of India (Marxist) supported the
passing of the 2014 bill in its electoral manifesto.[68] In April 2019, transgender rights activist Laxmi
Narayan Tripathi, met the then Bharatiya Janata Party National General Secretary, Ram Madhav, asking
the party to introduce a revised bill if it were to return to power.[70] Madhav assured her that he would
address the concerns of the transgender community.[70] Soon after news reported that the 2019 bill was
approved by the union cabinet, transgender rights activists held a press conference in Delhi to address
the issue.[71] On 24 November 2019, two days before the bill was passed by the parliament, protests were
staged by the queer community in New Delhi and Bengaluru as part of the Delhi queer pride parade and
the Bengaluru Namma Pride March, respectively.[72][73][74] The legislation also drew criticism from the
All India Mahila Congress and opposition from parliamentarians including Jaya Bachchan and Sasmit
Patra, while Derek O’Brien and Tiruchi Siva also expressed their concerns before the house.[37][74][75]
After the legislation was passed by the parliament, transgender people and activists protested against the
legislation, organised meetings to address the situation, and urged the president not to sign and give his
assent to the bill.[76][74] [77] There were also protests by the queer community against the act as part of
the Mumbai pride parade in February 2020.[78][79]
The legislation has been criticised by Human Rights Watch and the International Commission of
Jurists.[80][81] On 27 January 2020, the Supreme Court issued a notice requiring the central government
to respond in a petition challenging the constitutionality of the 2019 legislation, filed by judge[82] and
transgender rights activist Swati Bidhan Baruah.[83][84] On 12 June 2020, the Supreme Court issued
notice to the government in another petition filed challenging the constitutionality of the statute, tagging
it with the petition filed by Baruah.[85]

See also
LGBT rights in India
Human rights in India

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External links
Transgender Persons (Protection of Rights) Act, 2019

Retrieved from "https://en.wikipedia.org/w/index.php?

title=Transgender_Persons_(Protection_of_Rights)_Act,_2019&oldid=991727737"

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