The Lok Sabha has passed the Transgender Persons (Protection of Rights) Bill, 2016 to give transgender persons equal rights and protection under law through a voice vote.

New definition-

The amendments passed include a change in the previous definition of transgender persons as “neither wholly female nor wholly male”, which was criticized as being insensitive.

According to the new definition, a transgender person is somebody “whose gender does not match the gender assigned to that person at birth and includes trans-men or trans-women, persons with intersex variations, gender-queers, and persons having socio-cultural identities such as kinnar, hijras, aravani, and jogta”.

Highlights of the Bill-

• To stop discrimination against a transgender person in various sectors such as education, employment, and healthcare. It also directs the central and state governments to provide welfare schemes for them.
• A person will be recognized as transgender on the basis of a certificate of identity issued through the district screening committee. This certificate will be a proof of identity as transgender and confer rights under this Bill.

Criticisms-

• Several civil society groups have been vocal about their opposition to the Bill  The Bill disregards many of their suggestions as also some of the crucial points raised by the standing committee report of July 2017.
• This includes the right of transgender persons to self-identification, instead of being certified by a district screening committee.
• The panel had also pointed out that the Bill is silent on granting reservations to transgender persons.
• The bill has prescribed punishments for organized begging. However, the Bill doesn’t provide anything to better to condition in those areas, it doesn’t provide for reservation.
• The Transgender Bill does not mention any punishments for rape or sexual assault of transgender persons as according to Sections 375 and 376 of the Indian Penal Code, rape is only when a man forcefully enters a woman.

Way forward-

The Bill must recognize that gender identity must go beyond biological; gender identity is an individual’s deep and personal experience. It need not correspond to the sex assigned at birth. It includes the personal sense of the body and other expressions such as one’s own personal inducing proceeds.