Ravi S.Singh
Tribune News Service
New Delhi, November 26
The Rajya Sabha on Tuesday adopted the Transgender Persons (Protection of Rights) Bill 2019. It had already been passed by the Lok Sabha.
The Bill was passed overcoming Opposition members pressing its referral to House’s Select Committee. An Opposition-backed motion by T Siva of DMK, pressing for voting in the matter through “division”, fell through.
The Bill’s salient feature is a provision for a National Council imbued with necessary powers and jurisdiction to oversee complaints of violations of rights of members of trans-persons.
“The Bill has taken into consideration the recommendations of the Parliamentary Standing Committee, the judgment of the Supreme Court, and the Bill which had been passed by the preceding Lok Sabha but which could not make headway on account of completion of term,” said Union Minister of Social Justice and Empowerment Thawar Chand Gehlot, in his reply to discussion on the Bill.
“The suggestions and concerns of members raised will be factored in at the time of drafting of Act concerned,” Gehlot added.
The Minister assured the House that the proposed council will meet once every three month.
The Bill does away with the proposals for a screening committee with regard grant of identity certificate to a trans-person, and making begging by him a criminal offence.
Instead of the screening committee, the District Magistrate (District Collector) has been invested with supervening power to grant the certificate.
Discrimination and atrocity on a trans-person will fall under the rubric of criminal act. Also, parents or guardians cannot turn away a child falling in transgender class from home.
The Bill prescribes punishment of six months to two years in matter for committing sexual violence against tans person.Tthe punishment for the same crime against women is seven years.
The Bill has a chequered past. At the time of its first introduction, the Lok Sabha referred it to Sanding Committee. Based on the Committee’s recommendation, a revised version was re-introduced in December 2018 and passed, but legislation on did not make headway as the House’s terms came to an end.
The present Lok Sabha took the Bill de novo following which Rajya Sabha took up for consideration.