Govt moots Bill for protection of third gender's rights

Circulates draft law which is based on DMK MP Tiruchi Siva's private member's Bill passed by RS

The efforts of a single Member of Parliament (MP) could soon ensure the transgender community in India will have reservation in government jobs and educational institutions. The government has circulated among the Council of Ministers a draft law that seeks to protect the rights of transgender people.

The move comes a year after the Rajya Sabha passed a private member's Bill moved by Dravida Munnetra Kazhagam (DMK) MP Tiruchi Siva. The government had then promised Siva it would steer a Bill on the subject. The draft is loosely based on the Bill passed by Rajya Sabha - the Rights of Transgender Persons Bill - on April 25, 2015.

Currently, there is no law for transgender people in the country. The 2011 Census was the first time data on the third gender was collected. It put the population of transgender people at nearly 500,000. However, Siva claims the figure could be as much as 2.5 million.

In his Bill, Siva had demanded two percent reservation for transgender people in government jobs and educational institutions. He asked for the Centre to frame a law to ensure right to equality to the community, including ensuring reasonable accommodation for transgender people.

His Bill also envisaged that no transgender child will be separated from their parents unless by a court order and that the sex reassignment surgery should be done free of cost. Transgender people will also have right to property. Siva had proposed setting up of national and state level commission for transgender people.

The government's draft Bill could provide reservation to transgender people under the OBC (Other Backward Classes) category. Taking a leaf from Siva's Bill, it has also proposed fine and imprisonment up to a year for those who indulge in hate speech against the community or insult it.

In 2014, the Supreme Court in a landmark judgment created the 'third gender' status for transgender people and asked the Centre to treat the community as socially and economically backward. It had also said the community should not be discriminated against and asked the Centre to have social welfare schemes for the community. Maharashtra, Bengal and Tamil Nadu have in the past set up welfare boards for the community.

THIRD GENDER'S BILL OF HOPE
Meet Tiruchi Siva, the MP behind the transgender rights Bill

62-year-old Siva is a one-term Lok Sabha (1996) and three-term Rajya Sabha member. Siva was active in DMK since his student days and was imprisoned for a year during the Emergency (1975-77)

PRIVATE MEMBERS' BILL

• Members of Parliament, other than ministers, are called private members and Bills presented by them are known as private members' Bills. Only 14 private members' Bills have been passed by both Houses to become law, the last in 1970
   
• The Rights of Transgender Persons Bill passed by Rajya Sabha in Apr 2015 was the first in 45 years to get approval
  

 

The last private member's Bill passed by both Houses was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968