ADVOCATE

Pradeep K Khatana


 +91-9871765000

info@pradlaw.com



                                         STATEMENT OF OBJECTS AND REASONS

1. Transgender community is one of the most marginalized communities in the country because they do not fit into the general categories of gender of 'male' or 'female'. Consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on.

2. Though article 14 of the Constitution of India guarantees to all persons equality before law, clauses (1) and (2) of article 15 and clause (2) of article 16, inter alia prohibit in express terms discrimination on the ground only of sex and sub-clause (a) of clause (1) of article 19 ensures freedom of speech and expression to all citizens, yet the discrimination and atrocities against the transgender persons continue to take place.

3. The Hon'ble Supreme Court, vide its order dated 15th April, 2014, passed in the case of National Legal Services Authority Vs. Union of India, inter alia, directed the Central Government and State Governments to take various steps for the welfare of transgender community and to treat them as a third gender for the purpose of safeguarding their rights under Part III of the Constitution and other laws made by the Parliament and the State Legislature.

4. The Transgender Persons (Protection of Rights) Bill, 2016 seeks to-

(a) define a transgender person;
(b) prohibit discrimination against transgender person;
(c) confer right upon transgender person to be recognised as such, and a right to self-perceived gender identity;
(d) issue of certificate of identity to transgender persons;
(f) provide that no establishment shall discriminate against transgender person in matters relating to employment, recruitment, promotion and other related issues;
(g) provide for grievance redressal mechanism in each establishment;
(h) establishment of a National Council for Transgender;
(i) punishment for contraventions of the provisions of the Bill.

5. The Bill seeks to achieve the above objects.