Trans bill drops 'self-perceived identity' clause

NEW DELHI: The Transgender Persons (Protection of Rights) Amendment Bill has proposed to omit the clause that allowed "self-perceived gender identity" to be the basis for determination and for obtaining a transgender certificate, reports Ambika Pandit.

"The existing vague definition of the expression 'transgender person' makes it impossible to identify the genuine oppressed persons to whom the benefits of the Act are intended to reach," the bill introduced by social justice and empowerment minister Virendra Kumar in Lok Sabha on Friday explained.

'Aim of bill is to protect a specified class of persons’
It underlines that a trans person “shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities”. “The protection and benefits that are provided under the Act are vast in nature, and therefore, care has to be taken that such identification cannot be extended on the basis of any acquirable characteristics or personal choice or claimed self-perceived identity of an individual,” it added. “The purpose of the Act was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature,” says the statement of objects of the bill.

“The purpose was and is not to protect each and every class of persons with various gender identities, selfperceived sex, gender identities or gender fluidities,” it added. The bill also 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. A medical board headed by chief medical officer has been introduced in the bill, and if passed in the current form, the district magistrate will, going forward, issue a certificate of transgender identity, after examining the recommendation of the medical board cited as “authority” to be constituted by the central or state govts.

The bill defines a trans person as the one “having such 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: primary sexual characteristics; external genitalia, chromosomal patterns, gonadal development endogenous hormone production or response.” The bill said that the current law also prohibits discrimination and abuse against transpersons but its penal provision address only general wrongs and criminal offences and prescribes a maximum of two years’ imprisonment.

The proposed amendments make room for stricter penalties and punishments. “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.” If a trans person is kidnaped and suffers mutilation, castration or any surgical, chemical, or hormonal procedure; or permanent or severe injury with the intent of compelling the person to adopt or outwardly present a trans person’s identity against their will, the offence shall be punishable with 10 years to life imprisonment.

In addition, a fine not be less than Rs 2 lakh will be levied. For same crime involving a child the punishment will be life imprisonment and a fine of Rs 5 lakh.
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