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Updated: Dec 1, 2020

By K.M.Barathkumar, III year B.B.A.,LL.B.(Hons.), SASTRA University

Still, now transgender persons have been facing inequality and discrimination. According to the Indian Census 2011, there is around 4.9 lakh transgender in the country and just 46% transgender is literate. Transgender women are often faced with constant violence and harassment from others. Many transgender persons are driven to begging and some are forced to work as sex workers. Till now there are no special wards for the transgender persons in the hospitals. The transgender persons cannot admit in the women’s ward because women do not feel comfortable in their presence. Transgender persons should be accepted by society. Hence, In July 2019, the Union Government passes a bill called ‘Transgender Persons (Protection of Rights) Bill’ and the Hon’ble President gave approval to this bill on December 5, 2019.

On August 22, 2020, the Union Government formed a Council for the Transgender Persons under the Transgender Persons (Protection of Rights) Act, 2019. The Council was headed by the Union Social Justice Minister and comprised representatives from 10 central departments, five states and members of the community.

Aims of Transgender Persons (Protection of Rights) Act, 2019:

1. To prohibits discrimination against the transgender persons. This includes education, access to goods, employment, health care, right to movement, to hold public offices, right to reside and access to government or public establishment.

2. To provide the right of health facilities to transgender persons including sex reassignment surgeries and HIV surveillance centres.

Functions of the Council:

1. To advise the central government on the formulation of policies, programmes, legislation and projects with respect to transgender persons

2. To monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons

3. To review and coordinate activities of all the departments

4. To redress grievances of transgender persons

5. To perform other functions as prescribed by the Centre

Members in the Council:

The Chairperson will be the Union Minister of the Ministry of Social Justice and the Vice-Chairperson will be the junior minister in the minister. The council will have joint secretary-level members from the ministries of health, home, minority affairs, education, rural development, labour and law. In addition, there will be a member of the department of pensions, Niti Aayog, National Human Rights Commission and National Commission for Women. Representatives from five states or Union Territories, on a rotational basis, will be members of the commission. The first such clutch comprises Jammu and Kashmir, Andhra Pradesh, Odisha, Tripura and Gujarat. The five representatives of the transgender community, one each from the north, south, east, west and north-east regions have also been announced. Meera Parida, a member from the transgender community, representing the east region in the council.

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Aug 25, 2020


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