Sex change surgeries are quite expensive, so somebody keen might also not be able to go through it. Chapter VI, point 15, sub point (b) states: The appropriate Government shall take the following measures in relation to transgender persons- to provide for medical care facility including sex reassignment surgery and hormonal therapy.
Well intentioned, but not substantial enough.
The importance of this certificate can’t be stated further, as it would help the transgender person in getting the necessary subsidiaries and benefits as and when pronounced.
Chapter VIII, point 18, sub-point (d) states: Whoever,— harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
In the attempt to penalize those discriminating against transgender community, the law makers have erred in this point, as sexual abuse violation carries a seven year imprisonment for cisgender people, whereas this rule suggests much lesser period of imprisonment for the same crime.
Having gone through some of the critiques regarding the bill, by prominent personalities on social media or those claiming to represent the transgender community, I have to point out, that I don’t agree with some of the critique made. This might be due to my lack of clarity on the issue, or not having gone through the lived experience. However, in the aim of being honest through this piece, I would like to point out one such critique of the bill, which is a dilemma even for me.
Chapter V, point 12, sub point (1): No child shall be separated from parents or immediate family on the ground of being a transgender, except on an order of a competent court, in the interest of such child.
It is a a reality in the society that I, and many others inhabit, where intersex minors are forced to be separated from their families- societal pressure, discrimination among other factors. A hindi daily soap, Shakti, tries to capture this reality. The critique presented is that a) the bill is clubbing intersex and transgender into one bracket- point taken. B) transgender are facing discrimination from their own families and with this act are being forced to stay with their families. It is a dilemma to which I don’t have a direct answer. Yes, transgender minors could face discrimination from own families, but the bill does provide provision for the court to step in, hopefully in such cases. Even so, after separation from family, what options does the Indian system provide for a transgender minor?
I can see the positive in some of the points made in the bill, and have also learnt the genuine critique from some nuanced takes, which call for amendments to it. There is always space for more learning from those who have the lived experience and have an understanding of the implications of the bill.
#inclusivity #acceptance #iimtrichy #PRISM_IIMT
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