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“INCLUDE EVERYONE, NO MATTER THEIR GENDER, SEXUAL ORIENTATION, RACE OR RELIGION. WE ARE ALL HUMAN BEINGS AND WE ARE PART OF SOCIETY” - BY R.ARCHANA

WHO IS A TRANSGENDER?
Transgender people are individuals whose gender identity is different from the gender they were thought to be at birth. In India, transgender people include hijras/ kinnars (eunuchs), shiv-shaktis, jogappas, jogtas, Aravani etc. In fact, there are many who do not belong to any of the groups but are transgender persons individually. Transgenders fall under the LGBT group (lesbian, gay, bisexual and transgender).
QUESTIONS REVOLVING AROUND MY MIND?
The reason why I choose this topic is, whenever I come across the word TRANSGENDER there are lot of questions coming into my mind like
· Are transgenders treated equally like others as per Art.14 of the Indian Constitution?
· Are they given the due respect which a normal human needs?
·  Are they provided with suffice employment oppurtunities in all fields?
· Are they socially secured without any harassment?
·     Are they economically stable?
I Agree that there are some transgenders who involve in begging, dancing, and causing some kind of nuisance in public places, and there are also transpeople who get into prostitution and other illegal activities. But have you ever thought why they are doing this? What situation has made them to do this? Is that the society, the people around them who forced to do like this? Or they are doing this wholeheartedly? Obvisously the answer is a big YES, it is the society which treated them to carry on this type of activities. The reason is that the society has never recognized them as  a normal human/citizen who is equal as them and who is entitled to all rights and freedom as others do. But they are still discriminated economically and socially because of their gender identity. There is a combination Of Positivity, Negativity, a Laughter, a Fear, when we see them. This attitude towards them must be changed.
TRANSGENDER AND LEGISLATION
The golden rule that runs through the equality scheme of the Indian constitution (Articles 14,15,16, 19 and 21) is ‘enjoyment of life by all citizens and an equal opportunity to grow as human beings irrespective of their race, caste, religion, community, social status and gender.’ One of the basics of the equality scheme lies in the recognition and acknowledgement of the ‘right of choice and self-determination’. Determination of the gender to which a person belongs and relates is intrinsic to their right of self-determination and their dignity. Admitting that Indian laws are substantially binary in nature, recognising only male and female genders, the Honorable Supreme Court of India in its order in the case of National Legal Services Authority(NALSA) Vs. Union Of India AIR 2014 SC 1863, declared transgender individuals distinct from binary genders, as the ‘Third Gender’ under the Indian constitution and for the purposes of laws enacted by the parliament and state legislatures. In the wake of the Nalsa Judgment, the Indian parliament recently enacted the Transgender Persons (Protection Of Rights) Act, 2019 hereinafter referred as “Act”. This Act contains 23 sections and 8 chapters.
Chapter I deals with the short title and definitions, key definition is,
The word ‘Transgender person’ has been defined in Section 2(k) of the Act, which means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.
Chapter II  deals with prohibition of discrimination against transgender individuals
Discrimination includes denial or discontinuation of access to or enjoyment of, or unfair treatment in:
  • educational establishments and services;
  • employment or occupation;
  • healthcare services;
  • any goods, accommodation, service, facility meant for public use;
  • right of movement;
  • right to  reside, purchase, rent or otherwise occupy property;
  • opportunity to stand for or hold public or private office; and
  • government or private establishment in whose care or custody a transgender person may be.

Chapter III deals with recognition of identity of transgender persons
A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’. A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female. 
Chapter IV deals with welfare measures by government
This chapter states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society. It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities. 
Chapter V deals with obligation of establishments and other persons
This chapter clearly says that no establishment shall discriminate against any transgender person in any matter of employment and every establishment shall ensure to provide such facilities to transgender persons as may be prescribed and every establishment shall design a Grievance redressal mechanism to deal with the complaints relating to violation of the provisions of this Act. Right of residences is also guaranteed to every transgender.
Chapter VI deals with education, social security and healthcare.
Educational institutions funded or recognized by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination and government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
Chapter VII deals with National Council for Transgender persons (NCT)
The Central Government will set up the National Council for Transgender persons (NCT) The Council will advise the central government as well as monitor the impact of policies, legislation, and projects with respect to transgender persons. It will also redress the grievances of transgender persons.

CHAPTER VIII deals with offences and penalties
Offences against transgender persons like 
· Forced or bonded labour (excluding compulsory government service for public purposes)
·   Denial of use of public places
·   Removal from the household, and village
· Physical, sexual, verbal, emotional or economic abuse.  
Penalties for these offences vary between six months and two years, and a fine.

CHAPTER IX deals with miscellaneous provisions
·    The Act ensures that the Central Government shall, from time to time, after due appropriation credit such sums to the National Council as may be necessary for carrying out the purposes of this Act. 
·     The provisions of this Act shall  not be  in derogation of, any other law for the time being in force.
·     No legal proceeding shall lie against the appropriate Government or any local authority or any officer of the Government in respect of anything which is in good faith done in pursuance of the provisions of this Act.
·     The appropriate Government has the powers to make rules for the benefits of transgender.
·     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. 
This is the outline of the Act. As every coin has two sides, similarly this Act too has its own pros and cons . It is a great effort by the government to bring a separate legislation for the transgender persons. The major flaw of this Act is about the recognition of transgender person i.e., issuances of certificate to the transgender persons. The certification of transgender persons can segregate transgender persons from society and the issuance of a certificate may violate the right to privacy guaranteed under Article 21 of the constitution of India. If the transgender person is denied the certificate by the district magistrate, he does not need to mention the reason for refusal, the act is silent about the procedure in case the magistrate refuses to recognise a transgender or to issue a certificate.
CONCLUSION
I would like to conclude by saying that although the Act is not an all-enclosing piece of legislation and is only a preliminary step on the part of the legislature, affording legal recognition to the Third Gender under our legal framework. More welfare measures can be brought towards them. I also would like to recommend that transgender persons should have access to separate washrooms that are appropriate for their identity. Separate guidelines must be provided in the workplace to employees about their attitude towards transgender persons. Though Supreme court judgment may bring transgender on the equal footing with other citizens but more need to be done to change the attitude of society towards them.

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