New Delhi, Mar 13 (PTI) A bill seeking to give a precise definition of the term “transgender” and provide graded punishments that reflect the gravity of the harm inflicted upon such persons was introduced in Lok Sabha on Friday.
It also underlines that a transgender person “shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities”.
The Transgender Persons (Protection of Rights) Amendment Bill was introduced by Social Justice and Empowerment Minister Virendra Kumar.
It notes that it is imperative to give a precise definition for proper and definitive identification and protection of transgender persons, to whom the benefits of the present law must reach.
The protection and benefits that are provided under the present 2019 law are vast in nature, and therefore, care has to be taken that “such identification cannot be extended based on any acquirable characteristics or personal choice or claimed self-perceived identity of an individual”.
The bill also contains provisions for “designation of an authority” which will have the option to seek “expert advice” if required.
A new clause defines “authority” as a medical board headed by a chief medical officer or a deputy chief medical officer appointed by the central government, state government or a Union territory administration.
The bill noted that over the course of time, during the implementation of transgender protection law, “certain doubts and difficulties have arisen and are likely to arise” regarding the “expanse of the definition” of transgender persons.
It inserts a new sub clause to define a transgender person as the one having socio-cultural identities as ‘kinner’, ‘hijra’, ‘aravani’ and ‘jogta’, or eunuch, or a person with intersex variations or a person who, at birth, has a congenital variation in one or more sex characteristics as compared to male or female development will be defined as a transgender.
Also, any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise will be included in the definition.
“Provided that it shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities,” it underlined.
It said the present law prohibits discrimination and abuse against transgender persons but its penal provision addresses only general wrongs and criminal offences and prescribes a maximum of two years’ imprisonment.
It does not adequately address offences of “exceptional gravity” that have been documented in practice.
The abduction of adults and children, the infliction of reversible or irreversible bodily harm upon them through mutilation, emasculation, castration, hormone therapies or other similar therapies or chemical alteration, and their forced assumption of a transgender identity are covered under scattered provisions of the Bharatiya Nyaya Sanhita, 2023 and the Juvenile Justice (Care and Protection of Children) Act, 2015.
But no existing provision treats this conjunction of abduction, permanent bodily harm, and forced identity as a unified penal approach.
The bill proposes to create specific offences with graded punishments that reflect the gravity of the harm, the irreversibility of the injury, and the particular vulnerability of child victims.
The draft law also seeks to empower transgender persons to make consequential changes in official documents.
The person who has been issued a certificate of identity and is so declared as a transgender person will be entitled to change the first name in the birth certificate and all other official documents relating to their identity. PTI NAB ZMN
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