CHENNAI: Transgender activists, academics, and community members on Tuesday condemned the new amendment to the Transgender Persons (Protection of Rights) Act, 2019, and demanded the rollback of the Bill by the Centre. The new amendment, as per the community, was not discussed with anyone, including the National Council for Transgender Persons.
The new amendment has drawn widespread criticism across the country as it proposes dropping self-identification as a legitimate way of obtaining a transgender certificate.
Earlier, someone who identifies as a transperson could avail a transgender card with a self-attestation and an Aadhaar card, which lets them access the welfare schemes of the government.
Under the new Bill, one needs approval from the District Magistrate after a physical exam. If not satisfied, they will be referred to a medical board.
Talking to the press, co-founder of Sahodaran Sudha said, "This strips us of our dignity by adding physical examination as a clause for certification. Why should we show our genitals to a district magistrate? It opens us up to much harassment."
I am a kothi person. Like many others in the genderqueer and gender-diverse community, I obtained transgender identity card under the earlier law. Now, with this retrospective language in the draft, a fundamental question arises: what becomes of us?- Dr Gargi
Marakkah, a transgender teacher from the city, said, "I did not go through any surgery or medical examinations, but I am a trans woman. This Bill will essentially deter many from coming out."
The new amendment adds a clause - 'not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities.' They also fear that their card will be retrospectively taken back.
The Bill only considers those historically considered as transgender persons, like those of as kinner, hijra, aravani, jogta, eunuch. "We do not belong to any religion, do not bring us inside your Hindutva fold," said Sudha. Many fear that by reinforcing such names, it also brings back caste hierarchies. The Bill excludes intersex and trans men from its definition of transgender persons as well.
Another addition to the Bill that has caused much criticism is section 18's clause (e) that calls for life imprisonment and Rs 10 lakh fine for kidnapping and forceful transition. "We do not have a family; for us, violence starts in our homes. So we reach out to fellow transgender persons, which is called the Jamaat. The head of the Jamaat helps in transition. This clause vilifies the community," says Sudha.
The Bill does not talk about the education, welfare or the health of the trans community, while adding clauses to make it harder for us. Shouldn't the government make it easy for us?- Agni Pradeep
"Transition under the age of 18 is already a crime, which is valid, but why bring the same rule to those above 18. Who would help those thrown out of homes?" said Jaya, general manager of Sahodaran.
The NALSA v Union of India (2014) judgment brought a series of affirmative changes to the legal rights of the trans community, which was executed through the Transgender Persons (Protection of Rights) Act, 2019.