Context
- The bill seeks to introduce changes to the Transgender Persons (Protection of Rights) Act, 2019, which was enacted to safeguard transgender persons from discrimination and promote their welfare.
- The 2019 Act was framed in the backdrop of the Supreme Court’s landmark judgment in NALSA v. Union of India (2014), which recognised transgender persons as the third gender and affirmed the right to self-determination of gender identity under Article 21.
Features of the Amendment Bill
- Removal of self-perceived gender identity
- The Bill proposes deleting Section 4(2) of the 2019 Act, which recognises the right to self-perceived gender identity.
- Redefinition of transgender persons
- The definition is narrowed to include:
- socio-cultural identities such as hijra, kinner, aravani, jogta, and eunuch,
- persons with intersex variations,
- individuals with congenital biological variations in sexual characteristics.
- Persons identifying solely on the basis of self-perceived gender identity or gender fluidity are excluded.
- The definition is narrowed to include:
- Inclusion of victims of forced gender alteration
- The revised definition also includes individuals who were forced to adopt transgender identity through mutilation, castration, hormonal procedures, or coercion.
- Creation of a Medical Authority
- The Bill introduces a medical authority, generally a medical board headed by a Chief Medical Officer, to examine applications related to gender certification.
- Changes in the gender certification process
- The District Magistrate will issue the transgender certificate only after reviewing the recommendations of the medical authority, replacing the earlier system of automatic issuance.
- Mandatory revision of certificate after surgery
- Persons undergoing Sex Reassignment Surgery (SRS) must apply for a revised gender certificate, whereas under the 2019 Act this step was optional.
- Hospitals performing SRS procedures must report these procedures to the District Magistrate.
- Expanded offences and penalties
- The amendment strengthens criminal provisions with graded punishments, including imprisonment and fines up to ₹5 lakh, for offences such as:
- denial of access to public places,
- forced labour,
- expulsion from homes.
- The amendment strengthens criminal provisions with graded punishments, including imprisonment and fines up to ₹5 lakh, for offences such as:
