The Transgender Persons (Protection of Rights) Bill, 2016

“Every human possessing life and being a part of the society must be treated with HUMANITY.”
 
The recent most census of 2011 showed that there are over 6 Lakh people in India who belong to the transgender community. Being large in number and looking at the inhuman and discriminatory treatment they face, the Transgender persons (Protection of Rights) Bill, 2016 was introduced by Shri Thawarchand gehlot, Minister of social Justice and empowerment on 2 August, 2016.
The bill defines transgender as a person who is neither male nor female or is a combination of male and female. Persons with gender queers and inter-sex variations also come in this category.
The bill seeks empowerment to this neglected and inhumanly treated part of society by carrying provisions of strict punishment and imprisonment up to 2 years for any offence against them.
A National Council for Transgender persons (NCT) has to be formed comprising of 5 representatives of the transgender community and 5 members of NGOs. The council will play an advisory role to the central government regarding rights and protection of transgender community. The members include: (i) Union Minister for Social Justice (Chairperson); (ii) Minister of State for Social Justice (Vice- Chairperson); (iii) Secretary of the Ministry of Social Justice; (iv) One representative from ministries including Health, Home Affairs, Minority Affairs, Housing, Human Resources Development, etc. Representation of state governments must also exist.
The transgender community is entitled to each and every fundamental right as provided under the constitution of India. There must be no discrimination of transgenders from seeking education, employment, healthcare facilities(sex reassignment surgeries, separate HIV surveillance centres), public facilities, right to reside(court may direct the transgender to be moved to a rehabilitation centre if the family is unable to take care of them), right to movement etc .
Certificate of Identity of a transgender person may be issued by the District magistrate on the recommendation of District screening committee on an application made by the concerned person.
The bill recognizes offences like forced begging, forced labor, beating, assault, sexual exploitation, physical and mental abuse, denial of residence and public property etc. The punishments for these offences are imprisonment for 6 months to two years and a fine.
If a transgender person does not belong to SC/ST, they may be declared as OBC and provided rights as per its provisions.
Also, the government must take enough measures to lift up this community and ensure that their rights are not violated. Rehabilitation centres must be set up and their active participation in public gatherings and religious functions must be ensured to assure public acceptability.
The bill is yet to be introduced in Rajya Sabha and is in pending stage.