Transgender

· The term ‘Transgender’ refers to all those who differ in behaviour and appearance from the usual gender stereotypes. In the Indian context, it also includes social identities such as hijras, kinnars, aravanis, jogtas, Shiv-shaktis and aradhis.
· Constitutional Provisions:-
· Preamble-socio, economic and political justice
· Article 14,15,21
· Kerela- 1st state to have policy for transgender
· Kerela state sports council organised India's 1st Transgender spoerts meet
· Govt. of Odisha became 1st state which conferred BPL status to TGs.
· In 2016 the Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) added ‘Transgender/third gender’ to the gender category along with the other categories

· Tamil Nadu has achieved a milestone in ensuring Transgender rights by constituting the Aravanis Welfare Board in 2008, providing pensions for the community and creating awareness in schools on gender-variant people by inviting community members and counsellors to talk to students


· Social stigma
· Education
· Residence
· Employment
· Politics and decision making:-In 1994, transgender persons got the voting right but the task of issuing them voter identity cards got caught up in the male or female question. Several of them were denied cards with sexual category of their choice
· The other fields where this community feels neglected are inheritance of property or adoption of a child
· No specific Social sector Schemes

· NALSA CASE:- TGs were recognized as third gender
· Kaushal Vs Naz Foundation:-
· Section 377- it criminalizes carnal intercourse against the law of nature- jail life term/ jail 10 years+ fine
· Naz Foundation case in Delhi High court - it decriminalized Sec 377 but SC reversed the Delhi HC Judgement.
· 
· Transgender person Bill 2016:-
Provisions:-
· Definition of transgender
· Right to residence'
· Health care facilities
· Certificate of identity
· Welfare measures by Govt.
· Made begging, forced labour as offence
· National council for Transgender will be set up to advice the central Govt.
Critical Appraisal of the bill:-
· Compulsory certification violates the principle of self-identification
· Definition of Discrimination not given
· No punitive provision so far as the potential violation of the duty
· Does not cover reservation - Even NALSA judgement called for this.
· No provision for national/state commission for Transgender persons, rather it provide for national council for Transgender person which is non statutory in nature so will not have desired powers
· The bill has no provision for special Transgender rights courts
· The bill does not address the issue of section 377 of IPC
· The definition of Transgender person Is further Vague.-does not define Trans men or Trans Women.