Beggary by transgenders no more a crime, Bill amended

New Delhi, July 14

A contentious provision that criminalised begging by transgenders has been removed from the Transgender Persons (Protection of Rights) Bill, 2019, which was cleared by the Union Cabinet last week.

Another provision that made transgender people subject themselves to certification by a district screening committee to be acknowledged as a transgender has also been struck out.

Section 19 under chapter VIII (Offenses and Penalties) of the Bill earlier reads: “Whoever compels or entices a transgender person to indulge in the act of begging or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by government” shall be punished with imprisonment not less than six months but which may extend to two years and with fine.

The word “begging” has been omitted from the provision while the rest of the content remains the same, said a senior official from the Social Justice and Empowerment Ministry. The previous provision of the Bill which criminalised begging had drawn flak from community members who said it had long been the primary source of their income and bringing in such a legislation would take away their source of living without offering an alternative.

In August last year, the Delhi HC had quashed provisions in the law that made begging a punishable offence, saying criminalising begging was a wrong approach to deal with the causes of the problem. The act of begging in the national capital was made a criminal offence after the Bombay Prevention of Begging Act, 1959, was extended to Delhi by a Central Government amendment in 1960. 

According to sources, the secretary last month held a meeting with members of the community and other stakeholders after which provisions were amended.

The provision that proposed that transgender people would be subject to certification by a District Screening Committee to be acknowledged as a transgender, has also been struck out. According to the new provision, a transgender may make an application to the district magistrate to obtain a certificate of identity and the DM shall issue to the applicant an identity certificate on the basis of the rules which will be formed once the Bill becomes an Act, a senior official explained. The Bill will be introduced in the ensuing session of Parliament. — PTI

According to new provision… 

• A transgender may make an application to the district magistrate to obtain a certificate of identity and the DM shall issue to the applicant an identity certificate on the basis of the rules which will be formed once the Bill becomes an Act
• The Bill will be introduced in the ensuing session of Parliament, passage of which aims to empower the community by defining and protecting their rights
• The Bill prohibits discrimination against a transgender in education, employment and healthcare. It directs the Central and state governments to provide welfare schemes in these areas