Hindustan Times ST (Jaipur)

‘Transgende­r bill skips critical issues likes marriage, adoption’

- Press Trust of India letters@hindustant­imes.com

DRAFTING RIGHTS Parliament­ary panel says bill also ‘silent’ on granting reservatio­n to them

A BJP MP-headed parliament­ary panel has criticised the Centre’s draft transgende­r bill for not addressing important civil rights issues such as marriage and divorce among members of the community.

The Parliament­ary Standing Committee on Social Justice And Empowermen­t, in its report tabled in the Lok Sabha on Friday, said transgende­rs “remain at risk of criminalis­ation under Section 377 of the IPC”.

The IPC section criminalis­es any “unnatural” sexual contact by a person, including acts of homosexual­ity.

The report comes at a time when the BJP-led NDA government is under pressure to decriminal­ise homosexual­ity.

The draft Transgende­r Persons (Protection of Rights) Bill 2016 “does not refer to important civil rights like marriage and divorce, adoption among others which are critical to transgende­r persons’ lives, wherein many are engaged in marriage-like relations without any legal recognitio­n from the state,” it said.

The panel, headed by BJP MP Ramesh Bais, said the bill is “silent” on granting reservatio­n to transgende­rs under the socially and educationa­lly backward classes category as directed by the Supreme Court.

It suggested that the proposed legislatio­n “must at the very least” recognise their rights to partnershi­p and marriage”, and give them the option to choose their gender independen­t of surgery or hormones.

The draft bill defines a transgende­r as someone who is neither wholly female nor wholly male, a combinatio­n of female or male or neither female nor male, and whose sense of gender does not match with the gender assigned to the person at the time of birth. The panel felt that the definition is in stark contrast to global developmen­ts, where transgende­rs have the right to self determine and seek benefits.

“It not only violates fundamenta­l rights to equality, dignity, autonomy, but also freedom of transgende­r persons guaranteed under Article 14, 19 and 21 of the Constituti­on,” it said.

The definition is “unscientif­ic, primitive and based on biological attributes”. It fails to recognise that many are born with ambiguous or typical sexual organs, whether external or internal, and identify themselves as male, female or transgende­r, it said.

The committee also recommende­d that a definition of “discrimina­tion” be included, which must cover a range of violations that transgende­rs face”.

A historic shift is underway, transgende­r are not alone in their struggle for the end of violence and discrimina­tion, the panel said in the report.

“While there is no shame in being a gay, lesbian, bisexual, transgende­r or intersex or even straight - there is shame and dishonour in being a homophobe, a transphobe and a bigot,” it said.

 ?? PTI ?? The panel felt the bill’s definition of transgende­r is ‘unscientif­ic and primitive’ and in stark contrast to global developmen­ts, where members have been granted the right to self determine.
PTI The panel felt the bill’s definition of transgende­r is ‘unscientif­ic and primitive’ and in stark contrast to global developmen­ts, where members have been granted the right to self determine.

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