Why in news?
The ministry of social justice recently sent the draft bill on the ‘Rights of Transgender Persons Bill, 2015’ to the law ministry for finalization before it is sent to the cabinet for approval.
Background
The legislation is modelled on the private members’ bill moved by Rajya Sabha MP Tiruchi Siva and passed by the Upper House on
April 24, 2015.
The government then assured the House that it would bring its own law in Lok Sabha after “correcting infirmities” in Siva’s Bill.
Salient Provisions
It provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the Transgender Persons and for their welfare to be undertaken by the State.
The Bill provides recognition of transgender people before law and gives them rights and entitlements including reservation in education and government jobs under the OBC quota(except SC/ST).
TRANSGENDER IDENTITY :
Transgender should be declared as the third gender, and a Transgender Person should have the option to
identify as ‘man’, ‘woman’ or ‘transgender’ as well as have the right to choose any of the options independent of surgery/hormones.
Only the nomenclature ‘transgender’ should be used and nomenclatures like ‘other’ or ‘others’ should not be used.
Certificate to be provided by a state level authority that a person is a transgender person.
RIGHTS AND ENTITLEMENTS:
Government shall take all necessary steps to ensure that transgender persons enjoy the right and entitlements as given in Constitution of India on an equal basis with others.
No child who is a transgender shall be separated from his or her parents on grounds of being a transgender except on an order of competent Court, if required in the best interest of the child.
Government shall take all appropriate measures to prevent abuse, violence and exploitation against Transgender Persons.
The bill calls for necessary amendments in IPC to cover the cases of sexual assault on Transgender Persons.
Non discrimination
The Bill also states that Government is duty bound to take appropriate steps in protecting rights of Transgenders and to ensure that they are not being discriminated against.
No establishment shall discriminate against any Transgender Person in any matter relating to employment including but not limited to recruitment, promotion and other related issues.
The Bill also has provisions regarding social security, health, rehabilitation & recreation, Education, skill development & employment of Transgenders.
Need
The community which has around 6 lakhs population as per 2011 census had been neglected since a long time, will finally get its dues as citizens of our country.
The Bill attempts to do cover all types of discrimination faced by the community and clearly lists them to avoid ambiguities. Provision for reservation and support through scholarships etc will help in their empowerment in true sense.
Will create awareness among the people and sensitize them to be compassionate for the cause of the community and look at them with respect.
Private Member Bill
Bills may be broadly classified into Government Bills and Private Members’ Bills depending upon their initiation in the House by a Minister or a Private Member.
Every member of the parliament who is not a minister is called a private member.
In Lok Sabha, the last two and a half hours of a sitting on every Friday are generally allotted for transaction of Private Members’ Business, i.e., Private Members’ Bills and Private Members’ Resolutions.
The last Private Members’ Bill passed by Parliament
The ministry of social justice recently sent the draft bill on the ‘Rights of Transgender Persons Bill, 2015’ to the law ministry for finalization before it is sent to the cabinet for approval.
Background
The legislation is modelled on the private members’ bill moved by Rajya Sabha MP Tiruchi Siva and passed by the Upper House on
April 24, 2015.
The government then assured the House that it would bring its own law in Lok Sabha after “correcting infirmities” in Siva’s Bill.
Salient Provisions
It provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the Transgender Persons and for their welfare to be undertaken by the State.
The Bill provides recognition of transgender people before law and gives them rights and entitlements including reservation in education and government jobs under the OBC quota(except SC/ST).
TRANSGENDER IDENTITY :
Transgender should be declared as the third gender, and a Transgender Person should have the option to
identify as ‘man’, ‘woman’ or ‘transgender’ as well as have the right to choose any of the options independent of surgery/hormones.
Only the nomenclature ‘transgender’ should be used and nomenclatures like ‘other’ or ‘others’ should not be used.
Certificate to be provided by a state level authority that a person is a transgender person.
RIGHTS AND ENTITLEMENTS:
Government shall take all necessary steps to ensure that transgender persons enjoy the right and entitlements as given in Constitution of India on an equal basis with others.
No child who is a transgender shall be separated from his or her parents on grounds of being a transgender except on an order of competent Court, if required in the best interest of the child.
Government shall take all appropriate measures to prevent abuse, violence and exploitation against Transgender Persons.
The bill calls for necessary amendments in IPC to cover the cases of sexual assault on Transgender Persons.
Non discrimination
The Bill also states that Government is duty bound to take appropriate steps in protecting rights of Transgenders and to ensure that they are not being discriminated against.
No establishment shall discriminate against any Transgender Person in any matter relating to employment including but not limited to recruitment, promotion and other related issues.
The Bill also has provisions regarding social security, health, rehabilitation & recreation, Education, skill development & employment of Transgenders.
Need
The community which has around 6 lakhs population as per 2011 census had been neglected since a long time, will finally get its dues as citizens of our country.
The Bill attempts to do cover all types of discrimination faced by the community and clearly lists them to avoid ambiguities. Provision for reservation and support through scholarships etc will help in their empowerment in true sense.
Will create awareness among the people and sensitize them to be compassionate for the cause of the community and look at them with respect.
Private Member Bill
Bills may be broadly classified into Government Bills and Private Members’ Bills depending upon their initiation in the House by a Minister or a Private Member.
Every member of the parliament who is not a minister is called a private member.
In Lok Sabha, the last two and a half hours of a sitting on every Friday are generally allotted for transaction of Private Members’ Business, i.e., Private Members’ Bills and Private Members’ Resolutions.
The last Private Members’ Bill passed by Parliament
