The Lok Sabha on Monday passed a Bill seeking to empower the transgender community by providing them a separate identity. The Transgender Persons (Protection of Rights) Bill, 2016, seeking to define Transgenders and prohibit discrimination against them, was introduced in the Lok Sabha two years ago. It was passed with 27 amendments amid protests over the Rafale deal and Cauvery issue.
While their colleagues were protesting in the Well, five Opposition MPs, including Kakoli Ghosh Dastidar (Trinamool Congress) and Badaruddoza Khan (CPI-M), participated in the debate, questioning the provisions of the legislation. The Opposition MPs, while participating in the debate reminded the Government that they are cooperating with this bill due to its noble cause.
Presenting the importance of the bill, Union Social Justice and Empowerment Minister Thawar Chand Gehlot said the Bill was sent to the standing committee and the Government has accepted 27 amendments, requesting MPs to pass the Bill. Initiating the debate on the Bill, Congress member Shashi Tharoor said the bill was “flawed” and the minister should withdraw it.
“Defer consideration of the bill as it needs serious discussion. I request the minister to withdraw the Bill,” he said. We need to recognise Transgenders’ identity” as it goes beyond male and female, Tharoor said, adding the government has “blindly” borrowed the definition of Transgenders. The Bill also fails to define discrimination against Transgenders and there is a need to redraft certain clauses,” he said.
Bartruhari Mahtab (BJD) said there was no clarity on the term “self perceived gender identity” and “how it will be enforced”. He said the definition of Transgenders was not complete and that other terms such as transmen and transwomen were not defined.
Mahtab said there were several laws in the country and it was not clear how these laws, including the Companies Act would be applied to transgenders. “Adequate attention has not been given in drafting this Bill,” he maintained, adding the government itself has moved 27 amendments.
Supriya Sule (NCP) said a Transgender commission at the national level was not enough. “We are asking for a welfare board for Transgenders. They need equal rights,” she said, demanding a helpline number for the community.
The Minister said the objectives of the Bill includes protecting interests of Transgenders, defining of the term ‘Transgender’, to give them recognition and setting up of a national Transgender council. “A long discussion has taken place on this issue. It has also gone to the parliamentary standing committee. We have included several of their suggestions,” he said.