Two bills for transgenders; a toothless government effort and a tough fight by two MPs

On Friday, a day when the Parliament takes up the bills introduced by private members, as the Lok Sabha was adjourned on the uproar over Bhagwant Mann’s video, it took away along with it the chance to discuss The Rights of Transgender Persons Bill, 2014. 

Introduced a year ago by DMK MP Tiruchi Siva, it became the first private member’s bill in 46 years to be passed by the Rajya Sabha. Introduced in this session in the Lok Sabha by BJD MP Baijayant Panda, the bill has been lauded by the transgender community for the significant entitlements it extends to them. 

Especially, since the government too has a similar bill ready to be introduced in the parliament. The Rights of Transgender Persons Bill, 2016,  introduced by the ministry of social justice and empowerment, have clipped the bill of some of those very entitlements. The private member's bill will now come up for hearing in the week after next, and unless that happens, the government bill, too, will not be allowed as there can be no two bills in the same topic. 

The most prominent differences, says Tiruchi Siva, is the need for self-identification of a transgender as mandated by the SC judgement of 2012. “The government’s bill, on the other hand, mandates that an expert committee comprising of a collector, social welfare officer, psychologist, psychiatrist, social worker and people from the transgender community will decide who is a transgender. Why will the community want to come out in this manner,” said Siva. “The government’s bill also takes away the two percent reservation for transgenders in jobs and education.” 

Apart from that, some of the other glaring differences in the bills include the absence of any mention of special courts for transgenders, their right to file a case of harassment under the IPC in cases of discriminative violence, providing protective custody and maintenance in such cases. The government’s bill also leaves out any mention free legal aid under NALSA or SLSA, and the need to have a commission on the lines of the NCW. Most importantly, the government’s bill also leaves mentioning the right of the transgender to go to the executive magistrate in a district in such cases.

“Police violence is a routine issue within the transgender community,” says Rachana, a transgender from Bangalore, a city where police violence on the community has been well-documented. 

Vyjayanti Vasanta Mogli, a researcher of public policy from TISS, Hyderabad says that the government's bill is a rushed attempt. “We either need a meaningful bill or no bill. We can't be stuck with a bill that shows itself off as a mere charter of rights with no enforcement mechanism and live with it for the next few decades,” said Vyjayanti. “The rushed passage this session without intense deliberation within the transgender community and beyond will further burden an already disenfranchised and vulnerable transgender community. So I don't support the rushed passage of this  bill that is at some levels draconian and toothless at some.” 

Panda says that the fight is now two-pronged, especially since in the Lok Sabha, the government has enough clout. “I have had members come up to me to withdraw the bill, but I will press for the vote. The tradition now is that the government brings a bill on the same issue and nudges the member to withdraw. This is a historic bill, and I am an advocate of private member’s bill. The government’s bill, I must add, is a salient one, with key features like provision of scholarships, financial assistance, etc. Had there been no such bill earlier, it would have been welcome,” said Panda. “Most importantly, the Parliament should not be subservient to the government, it should be truly independent.”