Transgender Act : Not Just Unconstitutional!
4 years, 5 months ago

Transgender Act : Not Just Unconstitutional!

Live Law  

In this series, I shall attempt to reflect on the Transgender Persons' Act, 2019. The latter bill was an insensitive rendition of the lives of trans persons, with its Definition Clause reinstating the harmful stereotypes that have come to be associated with transgender persons. "transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman, person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta. While these questions stem from many wrong assumptions, the predominant trope is to confuse and conflate all intersex persons with transgender persons, often with a sense of disgust directed at both the identities. There is also the definition of "persons with intersex variations" under Section 2 : "person with intersex variations" means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body; Does this give any substantial rights to intersex persons, apart from whatever is part of being recognized as transgender persons?

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History of this topic

Karnataka HC Orders Modification Of Name, Gender In Birth/Death Certificate Of Transgender Persons If Sought With Necessary Certificate
1 week, 6 days ago

Karnataka HC Orders Modification Of Name, Gender In Birth/Death Certificate Of Transgender Persons If Sought With Necessary Certificate

Live Law  

Noting that since there is no procedure for now in force for corrections in birth certificate on account of change in gender, Justice Suraj Govindaraj in his order directed that until suitable amendments are made in the Registration of Births and Deaths Act and rules therein, " it shall be the duty of the Registrar of Births and Deaths to …

Madras High Court Directs State To Prescribe Separate Norms For Transgender Persons In Employment And Educational Avenues
6 months, 3 weeks ago

Madras High Court Directs State To Prescribe Separate Norms For Transgender Persons In Employment And Educational Avenues

Live Law  

The Madras High Court has directed the state government to prescribe separate norms for transgender persons in employment and educational avenues. In every employment and educational avenues, the Government shall prescribe separate norms for transgenders which shal be below the norms prescribed for male and female candidates,” the court ruled. Justice Bhavani Subbaroyan remarked that the state government was still …

'How's Being Transgender a Caste Identity?' Bihar's 'Discriminatory' Caste Survey Reaches Patna HC
1 year, 8 months ago

'How's Being Transgender a Caste Identity?' Bihar's 'Discriminatory' Caste Survey Reaches Patna HC

News 18  

They face societal stigma, often have to fight for their fundamental rights, and find themselves detached from the society but now, Bihar’s transgender community has entered the battlefield to fight for their identity. Prasad’s petition said that categorising “transgenders as a caste, is unconstitutional and arbitrary as it is inconsistent with Articles 14, 15, 16, 19 and 21 as well …

In Bihar census, caste code for ‘third gender’ community triggers row
1 year, 9 months ago

In Bihar census, caste code for ‘third gender’ community triggers row

The Hindu  

In Bihar, where the second phase of the caste survey will be done from April 15 to May 15, the caste code for ‘third gender’ has been numerically allotted as 22, whereas, for Brahmins it is 126, Bhumihars 142 and for Rajputs 169. The members of the ‘third gender’ community are fuming over the caste code given to them in …

Inheritance rights of transgenders: Journey hitherto and challenges ahead
2 years, 1 month ago

Inheritance rights of transgenders: Journey hitherto and challenges ahead

Firstpost  

With the law recognising only sons and daughters as legal successors, a transgender person’s right to inheritance is mired in legal tangles While our Constitution guarantees equality in every sphere of life, including law, to every Indian citizen, the reality is starkly different. However, with the personal laws still acknowledging only ‘sons’ or ‘daughters’ as successors in the absence of …

Transgender Persons Entitled To Participate In Sporting Events In Gender Of Their Choice In Absence Of Separate Category: Kerala High Court
2 years, 5 months ago

Transgender Persons Entitled To Participate In Sporting Events In Gender Of Their Choice In Absence Of Separate Category: Kerala High Court

Live Law  

The Kerala High Court, on Friday, while passing an interim order in a Writ Petition, observed that in sporting events, in the absence of a separate category for transgender persons, they must be permitted to participate in their chosen category.Justice V G Arun, observed that transgender persons are having equal rights to participate in competitions, and in the absence of …

Amended Police Conduct Rules A 'Milestone', Glossary For Referring To LGBTQIA+ Persons To Be Followed By All Media/ Press: Madras HC
2 years, 10 months ago

Amended Police Conduct Rules A 'Milestone', Glossary For Referring To LGBTQIA+ Persons To Be Followed By All Media/ Press: Madras HC

Live Law  

Madras High Court has termed the recent amendment to TN Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons, as a 'milestone' in the approach towards the persons belonging to the community.The High Court has also accepted the standardised guidelines/ prospective glossary submitted by the state government. Madras High Court has …

Can Transgender Persons (Protection Of Rights) Act, 2019 Be A Saviour?
2 years, 11 months ago

Can Transgender Persons (Protection Of Rights) Act, 2019 Be A Saviour?

Live Law  

Recently it appeared in the newspapers that a petition was moved by a highly qualified transwoman to the legal aid cell of Kerala High court seeking for euthanasia as she had no hope to survive with dignity. Till 2014, until The Rights of Transgender Persons Bill, 2014 a private member's Bill was introduced in the Rajya Sabha by Tiruchi Siva, …

Karnataka Govt Gives Reservation To Transgender Persons In State Service
3 years, 6 months ago

Karnataka Govt Gives Reservation To Transgender Persons In State Service

Live Law  

The Karnataka Government has decided to provide 1 percent of vacancies to be filled in any services or post by the State government from among the transgender candidates in each category of General merit, SC,ST and in each of the OBC categories. The state government has also proposed an amendment to rule 16 of the said rules and the said …

Prohibit Attempts To Medically 'Cure' Or Change Sexual Orientation Of LGBTQIA+ People : Madras High Court
3 years, 7 months ago

Prohibit Attempts To Medically 'Cure' Or Change Sexual Orientation Of LGBTQIA+ People : Madras High Court

Live Law  

The Madras High Court has directed the Union and the State Government to take steps to prohibit attempts by physical and health professionals to medically "cure" or change the sexual orientation of people belonging to LGBTQIA+ community.The Court has also directed that action should be initiated against the concerned professional involving themselves in any form or method of conversion. The …

LGBTQIA+ Rights In India: The Road Ahead
3 years, 7 months ago

LGBTQIA+ Rights In India: The Road Ahead

Live Law  

In March 2021, Oscar Davies, an English Barrister-at-law, became the first person known to be listed at Chambers in the U.K. with a gender-neutral honorific 'Mx', as opposed to being listed with the binary honorifics of 'Mr' or 'Ms'. While there is a similar recognition of transgender rights within the Indian legal domain, especially since the 2014 judgment of the …

Transgenders To Be Included as Separate Gender Category in NCRB Reports: Centre Informs Delhi High Court
4 years, 1 month ago

Transgenders To Be Included as Separate Gender Category in NCRB Reports: Centre Informs Delhi High Court

Live Law  

The Centre today informed the Delhi High Court that transgenders shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau.The Additional Solicitor General Chetan Sharma submitted this before the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan hearing the petition.The Court was hearing a petition. The Centre …

Transgender will now be included as separate gender category in prison statistics
4 years, 1 month ago

Transgender will now be included as separate gender category in prison statistics

India TV News  

The National Crime Records Bureau informed the Delhi High Court on Monday that it has agreed to include transgender as a separate category in the gender classification of prisoners in their annual publication of prison statistics 2020. This comes after a public suit was filed in the Delhi High Court seeking a direction to the NCRB to recognize and classify …

Supreme Court Lauds Plea on Protection of Transgenders, Seeks Centre's Reply
4 years, 2 months ago

Supreme Court Lauds Plea on Protection of Transgenders, Seeks Centre's Reply

News 18  

The Supreme Court on Monday lauded as ‘good petition’ a PIL that sought equal protection for transgenders against sexual crimes under the IPC in the absence of specific penal provisions and sought a response from the Centre. The plea had referred to the provisions of the Indian Penal Code of 1860 and recent amendments to the statue on sexual offences …

"This Is A Good Petition," Says CJI Bobde While Issuing Notice On Plea Seeking Equal Protection For Transgenders Against Sexual Crimes
4 years, 2 months ago

"This Is A Good Petition," Says CJI Bobde While Issuing Notice On Plea Seeking Equal Protection For Transgenders Against Sexual Crimes

Live Law  

The Supreme Court on Monday issued notice in a plea seeking equal protection of laws to the transgender community from sexual crimes in context of the Indian Penal Code.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramniun asked Senior Advocate Vikas Singh appearing for the petitioner as to how many times the Court had legislated upon …

Willing To Provide Reservation To Transgender Persons Under OBC : Karnataka Govt Tells HC [Read Affidavit]
4 years, 3 months ago

Willing To Provide Reservation To Transgender Persons Under OBC : Karnataka Govt Tells HC [Read Affidavit]

Live Law  

The Karnataka Government has said that it is willing to consider the transgender persons under one of the categories of Other Backward classes for recruitment, after obtaining the opinion of the Karnataka State Commission for Backward Classes. In an affidavit submitted before the Karnataka High Court by Dr Rajneesh Goel, Additional Chief Secretary, Home Department, it is stated that "According …

PIL Filed in SC Seeking Equal Protection of Law to Transgenders in Sexual Offence Cases
4 years, 3 months ago

PIL Filed in SC Seeking Equal Protection of Law to Transgenders in Sexual Offence Cases

News 18  

New Delhi: A PIL has been filed in the Supreme Court for equal protection of law to people belonging to the third gender, alleging that there was no penal provision which protects them from offences of sexual assault. “In spite of declaring transgender people to be a ‘third gender’ by this court, there is no provision / section in the …

Plea In SC Seeks Equal Protection For Transgenders Against Sexual Crimes
4 years, 3 months ago

Plea In SC Seeks Equal Protection For Transgenders Against Sexual Crimes

Live Law  

A plea has been preferred in the Supreme Court seeking equal protection of laws to the transgender community from sexual crimes in context of the Indian Penal Code. "In-spite of declaring transgender people to be a "Third Gender" by this Hon'ble Court, there is no provision / section in the Indian penal code which may protect the third gender from …

The Transgender Persons (Protection of Rights) Act, 2019
4 years, 4 months ago

The Transgender Persons (Protection of Rights) Act, 2019

Live Law  

All but the transgender community in India has been deprived of basic rights in the fields of education, employment, and healthcare and have been subject to discriminatory practices since time immemorial. It was only recently that the need to protect their rights has been realised and a Bill was introduced in the Rajya Sabha "The Transgender Persons Act, 2019" seeking …

Include 'transgender' as separate category in job application forms: Centre directs ministries and departments
4 years, 8 months ago

Include 'transgender' as separate category in job application forms: Centre directs ministries and departments

Firstpost  

All the departments in the central government have been asked to include “transgender” as a separate category of gender for recruitment in civil services and other central government posts. “The matter regarding inclusion of ‘Third Gender/any Other Category’ in the application forms in recruitment to various posts under the central government was under consideration of the government for quite some …

'Reinforces Prejudice Against Transgenders' : SC Issues Notice On Petition Challenging Transgender Persons Act [Read Order & Petition]
4 years, 11 months ago

'Reinforces Prejudice Against Transgenders' : SC Issues Notice On Petition Challenging Transgender Persons Act [Read Order & Petition]

Live Law  

The Supreme Court on Monday issued notice to the Central Government on a petition which challenges the constitutional validity of Transgender Persons Act 2019.As per the petition filed by transgender activist Swati Bidhan Baruah, the Act passed with the stated objective of protecting the rights of transgender community in effect negates their rights.Under the Act,. The Supreme Court on Monday …

Transgender Persons (Protection of Rights) Act Comes Into Force From 10 January 2020 [Read Notification]
4 years, 11 months ago

Transgender Persons (Protection of Rights) Act Comes Into Force From 10 January 2020 [Read Notification]

Live Law  

The Transgender Persons Act, 2019, has also come into force on 10th January 2020.The Transgender Persons Bill was passed by the Lok Sabha on August 5, 2019, during its monsoon session, and was later cleared by the Rajya Sabha in Winter session. The Transgender Persons Act, 2019, has also come into force on 10th January 2020. The Transgender Persons Bill …

Transgender Persons Bill: Identity crisis
5 years ago

Transgender Persons Bill: Identity crisis

The Hindu  

The Transgender Persons Bill, 2019, which received the President’s assent on December 5 and was notified as an Act by the National Democratic Alliance government at the Centre despite nationwide protests against its provisions, has been in the thick of controversy ever since it was passed by the Rajya Sabha on November 26. Other provisions of the Bill include prohibition …

Transgender bill awaits presidential nod to become law but betrays the very community it aims to protect
5 years, 1 month ago

Transgender bill awaits presidential nod to become law but betrays the very community it aims to protect

Firstpost  

There is an inadequate representation of transgender persons in the proposed National Council for Transgender Persons since only five members will be from the community. On 26 November, 2019, the Rajya Sabha passed the Transgender Persons Bill, 2019, ignoring opposition from the transgender community and demands from multiple MPs to have the bill reviewed and amended by a select committee. …

Breaking : Parliament Passes Transgender Persons (Protection of Rights) Bill [Read Bill]
5 years, 1 month ago

Breaking : Parliament Passes Transgender Persons (Protection of Rights) Bill [Read Bill]

Live Law  

The Transgender Persons Bill, 2019, which was passed by the Lok Sabha on August 5, 2019, during its monsoon session, was cleared by the Rajya Sabha by voice vote today, without any amendments. The bill moved by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot, is aimed at protecting the rights of transgender persons by granting them recognition …

Queering The Law: Vidhi's Report on How Gendered Laws Affect LGBTQ Community [Read Report]
5 years, 4 months ago

Queering The Law: Vidhi's Report on How Gendered Laws Affect LGBTQ Community [Read Report]

Live Law  

Vidhi Centre for Legal Policy has released its report on the Gender Impact Assessment of the laws in India. Titled 'Queering The Law', the report highlights as to how our laws are plagued by the flawed and restrictive understanding of sexual and gender complexities that exist in our society. The report also terms medical establishments as a major site of …

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