The Parliamentary Standing Committee on Social Justice and Empowerment has suggested a transgender must have the choice to choose their gender independent of surgery or hormones. The Transgender Persons (Protection of Rights) Bill, 2016 defines a transgender as somebody who is neither wholly woman nor wholly male, a blend of female or male or neither female nor male and whose sense of gender will not match with the gender give to the individual during birth.
The committee sensed that the suggested meaning of transgender in the bill is in stark comparison to global advancements; where Transgenders have been awarded to the self-determine also to seek benefits relating to such individuality. The committee said, “More so, it not only violates the fundamental rights to equality, dignity, autonomy but also freedom of transgender persons guaranteed under Article 14, 19 and 21 of the Constitution.” It further discovered that this is because of transgender was unscientific and primitive and predicated on biological attributes. It also said that this does not recognize that lots of individuals are given birth with unclear or typical sexual organs, whether internal or external and identify themselves as male, female or transgender. The standing committee also suggested that a big change in Clause 2 (c) in the bill, which identifies “inclusive education” for Transgenders.
It said that “Inclusive education means a system of education wherein transgender and gender non-conforming students along with other students learn together without the fear of bullying, singling out and other forms of harassment and the system of teaching and learning is suitably adapted to meet the learning needs of such students”. On the other hand, the committee also advised that a description of “discrimination” be contained in chapter 1 of the Bill, which must have a variety of violations that Transgenders face. The committee also suggested that central and state governments and civil society must take on steps for generating consciousness regarding Transgenders.
The committee headed by Ramesh Bias, also said that it could prefer to assure and point out to all the members of the transgender community that “a historic shift is underway, you are not alone in your struggle for the end of violence and discrimination”. “It is a shared struggle. Transgender is not an anomaly. It is a part of the spectrum of people’s realities. While there is no shame in being gay, lesbian, bisexual, transgender or intersex or even straight – there is a must shame and dishonor in being a homophobe, a transphobe, and a bigot,” it added.