Transgenders do not enjoy a legal recognition in India like most of the Asian counterparts. However, some states like Tamil Nadu, Kerala and Odisha recognise transgenders as the third gender.
The Transgender Persons (Protection of Rights) Bill, 2016, intended towards the protection of transgenders is yet to be passed. The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person’s gender must not match the gender assigned at birth. The bill includes trans-men, trans-women, persons with intersex variations and gender-queers.
Rajya Sabha has passed a bill named The Transgender Persons Bill, 2014. However, currently, a modified version of the same has been introduced by the government as The Transgender Persons (Protection of Rights) Bill 2016 and is pending before the house.
- The original draft of The Transgender Persons Bill was passed in Rajya Sabha as a private member bill in 2014. In 2015, The Central Government brought its own bill, through borrowing from the original draft.
- The 2015 draft did away with the provision for special commissions for transgenders and the transgender rights court proposed in 2014 bill.
- Later, after due consultations and public discourses, the final version of the draft was brought in August 2016.
- It is opinioned by experts that this version is an even more watered down version than the 2015 draft. According to them, it is disregarding NALSA judgment, Expert committee report as well as the public comments.
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