Community disapproves the 2016 Transgender Bill

The Transgender Persons (Protection of Rights) Bill, 2016 upset the Hijra community of Mumbai. At a press briefing arranged at the Humsafar Trust, Santacruz, the community members showed severe disregards toward the Bill on the grounds of violating basic human rights of the community allegedly. A unanimous comment that the panel of six people had was that, "We want the 2014 bill back and we do not approve of this bill."

According to them, the bill is a far cry from the recommendations of the Supreme Court in its NALSA judgement (2014). One of the many complaints that the community had with the recently passed bill was that it criminalises Hijra culture by banning begging. Arsmita, a community member said, "There are so many people in our community who have now grown extremely old, and do not have any basic education or any other skill. Are they now at the age they stand at, expected to learn a skill for a living? We are not stealing any money from anyone. We seek money in return of the blessings we shower for a living. Besides it being a matter of our living, it is also a matter of our tradition."

Speaking about another issue with the bill, Madhuri, a community member said, "It is our tradition to be in a Gharana system, we are asked to live in a special rehabilitation home." The most alarming part of the bill which was unacceptable by the panelists was that the NALSA judgement had allowed any person to choose their identity according to their own will. However, in the recent Bill, a 'medico-legal' panel would determine their gender and issue a certificate to them. "It is a serious violation of our human rights above anything. Is a man and woman asked to produce a certificate to prove their identity by going through a procedure like this? Then why should a transgender be asked to go through such a procedure?
We have our Gurus and our traditions that decide for us; also, I am a human first," said Priya Patil, another member of the community.

According to the 2014 bill, the community had reservations in employment and education. However, in the 2016 bill although education is an inclusive yet, "the stigma and the discrimination is still around us. The need of the hour for our community is to provide the community reservations under the OBC category. This is the only way for the government to keep institutions and firms in check." Said, Urmi Jadhav, a community member. Another issue raised by the panelists was that, the bill has suggested a National Council for the community with 30 representatives across the country and no council at state or regional level. However, according to them, "We have several Gharanas in Mumbai itself. How is it fair to have only 30 representatives from across the country and that too on national level only? Where do people from the rural parts of the country go?" they added