Hyderabad: The Transgender Persons (Protection of Rights) Bill, 2016, which has been approved by the Cabinet, has not gone down well with the trans community in Hyderabad.
The Bill has ignored important parts of the landmark Supreme Court ruling in the National Legal Services Authority (Nalsa) vs. Union of India case, including reservation for transgenders.
While the SC had recognised the need for reservation for transgenders and had directed the government to include them in the OBC category, the Bill has ignored it, members of the trans community and legal experts complained.
Community members say reservations are critical to addressing the systemic inequalities in society. OBC leaders have opposed the SC ruling and the demands of the trans community in matters of reservation.
Backward Classes Welfare Association president and LB Nagar Telugu Desam legislator R. Krishnaiah said they would oppose the government’s move to add one more section of the society in the OBC category.
“At present, existing members of the OBC community do not get their fair share of opportunities due to the large population. Adding one more section to the category will worsen the situation. Also, OBC category is not a shelter home that can accommodate every deprived section. Why doesn’t the government make a separate reservation for the trans community to give them full benefit?” he said.
In the Nalsa ruling, the SC had issued directions to the Central and the state governments, which included treating transgender persons as socially and educationally backward classes of citizens and extending reservations in public education and employment.
Prominent lawyer Kranti L. Chinnappa from Human Rights Law Network said that the government’s intention was to water down the direction of the SC by formulating such a Bill.
The trans community members, pointing out other flaws, claimed that it does not adequately address means for prevention against violence.
Call to endorse and certify
According to the trans community members and experts, the government must not go for body examination to determine the gender or issue a certificate.
“If a person wants a particular caste certificate, the government body takes endorsement from community organisations and NGOs of that caste. The trans community should be give similar choice,” said TISS student Vyjayanti Vasanta Mogli.
The community members say that the organisations and NGOs working for the trans community should be given the power to nominate a person to get the certificate from government.
