Map 1: Transgender population is very high in the states

like Uttar Pradesh (28.18%), Andhra Pradesh (8.97%),

Bihar (8.37%), West Bengal (6.22%) and Tamil Nadu
(4.58%).
Map 2: A high percentage of Transgender population
aged 0-6 have been observed in the states of Uttar
Pradesh (34.15%), Bihar (10.89%), Maharashtra (7.48%),
Andhra Pradesh (7.44%) and Madhya Pradesh (6.21%)

The figure above depicts the distribution of employed individuals aged 15 and above throughout
various employment groups depending on the UPS (Usual Principal Status) and UPSS (Usual
Principal and Subsidiary Status) approaches (Report on Fifth Annual Employment - Unemployment
Survey 2015-16). The graph depicts the employment of transgender people in various occupations.
Transgender people led the Self-employed group (44.9 percent in the UPS and 4.7 percent in the
UPSS method), trailed by casual labor (31.5 percent), wage/salary earners (19.6%), and contract
employees (4.9 percent in the UPS and 4.7 percent in the UPSS approach).
 KEY FEATURES
OF THE ACT
Definition(Section 2(k), 2(i)): A transgender person Complaint officer(Section 11): Every establishment
is defined as someone whose gender does not match must appoint a complaint officer to handle concerns
the gender assigned at birth, according to the bill. from transgender people.
Transmen and transwomen, those with intersex Equal opportunity policy(Section 13): Every institution
variants, gender-queers, and people with socio- has been required by law to develop an equal
cultural identities like kinnar and hijra are also opportunity policy for transgender people with
included. Intersex variants are defined as a person specified precise details.
who differs from the normative standard of male or Medical care(Section 15): The government has been
female body in primary sexual traits, external ordered to establish separate HIV zero-surveillance
genitalia, chromosomes, or hormones at birth. centres to conduct zero-surveillance for transgender
Prohibition against discrimination(Section 3): The people; provide medical care facilities, including sex
bill prohibits discrimination against transgender reassignment surgery and hormonal therapy; and cover
people in educational institutions, employment or medical expenses for sex reassignment surgery and
occupational opportunities, healthcare, and public other therapies through a comprehensive insurance
facilities and benefits. scheme.
Certificate of identity(Section 5&6): It establishes a National Council for Transgender Persons (‘NCT’)
right to self-perceived gender identity and requires (Section 16): the NCT is formed to advise the
the district magistrate to issue a "certificate of government on policy formulation and monitoring, as
identity" as a transgender person without any well as to address transgender people's grievances.
medical or physical examination. Offences and penalties(Section 18 The Transgender
Welfare schemes(Section 4): The government has Persons): subjecting transgender people to forced or
been given the task of developing transgender- bonded labour or denying them access to public places
sensitive, non-stigmatizing, and non-discriminatory and physical, emotional, or sexual abuse or other
social schemes and initiatives. violations of the Act are punishable by imprisonment
for at least six months and up to two years, as well as a
fine.
 Why There Needs To Be
Amendments - Loopholes Of The Act
The Transgender Persons (Protection of Rights) Bill,
2019, in India claims to defend transgender rights,
however many trans activists argue that it
accomplishes the opposite. They think it's a major
setback for India's already vulnerable transgender
minority, undoing much of the progress made in
recent years.
The Act provides an imprecise and deceptive
definition of a "transgender person." A transgender
person is someone who has a gender identification
that is different from the one they were given at
birth, whereas a 'person with intersex variants' is
someone whose gender is determined by biological
traits. The distinction between the two definitions is
subtle, but the concept of 'transgender persons' has The act prohibits discrimination against transgender
been made too broad to encompass a 'person with people and establishes a "right to self-perceived identity"
intersex variants.' for transgenders. However, if they want to be officially
Trans people are also subjected to disproportionate acknowledged as "transgender," they must register with
levels of public violence and police brutality. the government. If a transgender person wishes to be
Abusing transgender individuals is now a crime legally recognised as a trans man or trans woman, they
punishable by a six-month to two-year prison
must provide documentation of gender confirmation
sentence, which may seem insufficient for more
surgery to the government.
serious crimes like sexual abuse, rape, criminal
assault, or sexual harassment. However, punishments
The lack of provisions for gender-neutral washrooms for
for offences against cisgenders are much for severe
the community also exposes the Act's flaws, which need
than that of transgenders.
to be addressed for the Community's rights to be properly
The legal provisions for penalising wrongdoers or
protected. Moreover, the Transgender Persons Act is
those involved in sexually assaulting the transgender
community are insufficient to ensure that the likely to remain insufficient because it lacks a framework
community is treated fairly. As a result, a thorough on a variety of other related rights, such as marriage,
examination of the legal measures for punishing adoption, and pregnancy rights.
sexual offenders is required in order to establish a
safe environment for the transgender population. The loopholes mentioned above are some of the reasons
why the transgender act in India is not worth celebrating.
The act requires several amendments in various fields in
order to protect the transgender community and match
the standards of human rights laws.
 WHO CAN THEY APPROACH?
The National Portal for Transgender Persons was launched by the Department for Social Justice and
Empowerment in India. This portal focuses on providing identity cards and certificates to the transgender citizens
across the country. The launch was a successful one as it issued 3164 certificates, 3161 identity cards and 34 states
and union territories participated in the same. The portal also provides for grievance redressal upon registration.

How to apply for the Identity Card and Certificate?

● Visit https://transgender.dosje.gov.in/
● Click on “Register here”. This will lead one to a different page where they can create an account
● Personal details including name, email address, phone number etc. have to be provided correctly
● Once the account has been created, login to the account
● A dashboard will appear in order to receive the certificate along with other options such as grievance redressal,
new application etc.
●Click on Transgender Certificate and Identity Card in order to open the application form
● Fill the form with required details such as DOB, address, uploading documents. Relevant information should be
provided as they will be reviewed by the authorities.
● Click ‘Save & Next’. This will allow the registration procedure to continue and then complete it.
The certificate can be downloaded from the portal by the
applicants. Applicants who have had their applications denied
by higher authorities can file grievances with the authority and
request a second opportunity to register through the portal.
After the approval is granted, the applicant can readily access
the portal's services. The registration does not involve any cost
and the certificate generally takes a period of 30 days to be
approved.

In the case of organizations, the Transgender Persons Act

requires establishments to appoint a complaint officer to receive
complaints about transgender people being treated poorly. The
complaint officer is responsible for investigating complaints, and
the head of the organization must act on the complaint officer's
investigation report within the specified time period. Transgender
citizens are now also allowed to file complaints against sexual
harassment.

Garima Greh is yet another initiative to provide transgenders with

shelter so that they can live a respectable life along with a decent
standard of living. Its major goal is to provide basic necessities such as
food, medical care, clothing, legal aid, employment and recreational
opportunities to transgender people. In addition, it will help
Transgender people enhance their potential and develop their skills. It
also seeks to provide its residents with necessary support and advice
with regard to their gender transition surgeries.

For the first time in India, a website (https://transgenderindia.com/)

was launched by 33 year old Neysara Rai which is a forum
dedicated solely to transgender persons and intends to become a
significant instrument in the fight against the discrimination faced
by these persons and to increase their acceptance within their
families. It provides a space for transgender citizens to discuss their
issues and seek guidance for the same. People share their stories on
the website which also acts as a source of inspiration for others.
 CASE LAWS
In the ruling of National Legal Services Authority v.
Union of India, the Supreme Court of India created
the framework for transgender rights by identifying
'transgender' as the 'third gender' and delivered
numerous measures for the elimination of
discrimination against transgender people and the
preservation of their rights. The Court upheld that
transgender people have basic rights under Articles
14, 15, 16, 19(1)(a), and 21 of the Constitution. The
verdict advocated for transgender people to be given
preference in occupations and educational
The petitioner in Hina Haneefa v. State of Kerala is a
institutions, as well as the right of transgender
transgender woman who has received reassignment
people to announce their self-perceived gender
surgery and obtained a transgender identification card
identification without requiring sex reassignment
indicating her gender identity as female. Because the
surgery.

petitioner was transgender, the National Cadet Corps

denied her admittance to the Girls Division. In light of
Law enforcement has frequently utilized Section 377
the Transgender Persons Act, which outlaws prejudice
to harass and abuse transgender people. In
against transgender people, the Court ruled that the
Jayalakshmi v. State of Tamil Nadu, a transgender
petitioner must be allowed to enter Girls Division.
person was detained by police on theft allegations.
He was sexually assaulted in the police station,
The Madras High Court addressed the question of the
which prompted him to sacrifice himself.
legality of permission granted on behalf of intersex
newborns for undergoing sex-selective procedures in
Arunkumar v. The Inspector-General of Registration,
ruled that a parent's permission cannot be regarded the
child's consent. As a result, such procedures should be
outlawed.
 RECOMMENDATION
● No kid who is a transgender child shall be separated
from his or her parents or immediate family only
because he or she is a transgender child, unless a
competent Court orders so in the child's best interests.
The District Magistrate must issue a certificate of
identity that merely states the person's gender as
"transgender."
● Since hijras/transgenders suffer a variety of sexual
health difficulties, dedicated HIV Sero-surveillance
Centers should be established by the federal and state
governments.
● There should be a provision for transgender people
to have their own public restrooms and other such
facilities.
● On the concept of Rape and Crisis Intervention
Centers, counselling services for transgender people
should be provided to cope with trauma and violence.
● A transgender person should be able to identify ● Career counseling and online placement assistance
as'man,' 'woman,' or 'transgender,' and should have should be established.
the freedom to do so regardless of surgery or ● The term "persons with intersex variants" should be
hormones. defined as "those who, at birth, display differences in
● The Bill shall acknowledge transgender people's their primary sexual features, outward genetalia,
right to marry, partner, divorce, and adopt, as chromosomes, and hormones from the normative
defined by their personal laws or other relevant standard of a female or male body."
legislation. ● The Bill shall acknowledge transgender people's
● In Chapter I of the Bill, which must encompass a right to marry, partner, divorce, and adopt, as defined
wide range of infractions faced by transgender by their personal laws or other relevant legislation.
people, a definition of "discrimination" should be
provided.
 CONCLUSION
Transgender people have long endured prejudice, and being
denied their dignity, personhood, and, most importantly, their
basic human rights is dehumanizing. In its current form, the Bill
further marginalizes them, making a mockery of their struggles
by failing to safeguard their fundamental rights. The Rajya
Sabha must recognize the serious flaws in this insufficient Bill
and refer it to the Rajya Sabha for further consideration.
BIBLIOGRAPHY/ REFERENCES
India’s new law on the protection of rights of transgender persons, Ajay Singh Solanki,
https://www.ibanet.org/article/0F3AE21B-0170-4BF7-95DD-45B07EF1CAF6#_ftn1
The Transgender Persons (Protection of Rights) Bill, 2019, https://prsindia.org/billtrack/the-
transgender-persons-protection-of-rights-bill-2019
Transgender Persons Protection Of Rights Act – Key Points,
https://www.writinglaw.com/transgender-persons-protection-of-rights-act/
The Transgender Persons (Protection of Rights) Bill, 2019, https://prsindia.org/billtrack/the-
transgender-persons-protection-of-rights-bill-2019
India’s new law on the protection of rights of transgender persons,
https://www.ibanet.org/article/0F3AE21B-0170-4BF7-95DD-45B07EF1CAF6
All about Transgender Persons (Protection of Rights) Act, 2019,
https://www.latestlaws.com/articles/all-about-transgender-persons-protection-of-rights-act-2019/
A Critique Of Transgender Persons (Protection Of Rights) Bill, 2019,
https://feminisminindia.com/2019/08/05/critique-transgender-persons-protection-of-rights-bill-20
19/

CASE LAWS

National Legal Services Authority v. Union of India, A.I.R. 2014 S.C. 1863
Jayalakshmi v. State of Tamil Nadu, (2007) 4 MLJ 849
Hina Haneefa v. State of Kerala, WP Civil 23404/2020
Arunkumar v. The Inspector-General of Registration, W.P. (MD) NO. 4125 OF 2019