TG Bill 2016: Recent Developments in Transgender, Gender Variant, and Intersex Persons’ Rights in India.

Below is a timeline of events in the Trans, Gender Variant, and Intersex persons human rights struggle.

What When
1. NALSA VS. UNION OF INDIA
Supreme Court in landmark case recognized self-determination of gender identity irrespective of surgical or medical intervention of trans,gender variant and intersex persons, and other benefits including affirmative action. Govt asked to implement in 6 months, but no action
Full text of judgement here: LINK
April 2014
2. CENTRE DELAYS NALSA IMPLEMENTATION BY MOVING CLARIFICATION
The Central Government, through the Ministry of Social Justice and Empowerment (MoSJE) filed a petition in the Supreme Court asking for clarification on the judgement, primarily pertaining to timeline for implementation (6 months), and questions over the inclusion of trans people under the long standing  Other Backward Classes [OBC] categorisation. This process resulted in further delays in implementing NALSA verdict
Read a report on this here: LINK
September 2014
3. PRIVATE MEMBER’S BILL IN RAJYA SABHA
DMK MP Tiruchi Siva introduced a private bill in the Rajya Sabha for protecting transgender rights. It was passed in Rajya Sabha unanimously. It is pending in Lok Sabha [Lower house of Parliament]  as the MoSJE introduced their own bill on trans rights before the former could come up for discussion. The Tiruchi Siva bill has been  the most robust among the bills so far tabled in Parliament.
Full text of the bill here: LINK 
December 2014
4. DRAFT TRANSGENDER PERSONS RIGHTS BILL 2015
The MoSJE put out a draft of the TG Bill and invited feedback from organisations and individuals. The draft was a very diluted and distorted version of Tiruchi Shiva’s private member bill 2014, already stepping back from a version of the bill that needed just a few key changes.
Text of Draft bill: LINK 
December 2015
5. COMMUNITY RESPONSES TO 2015 DRAFT BILL
Sampoorna Working Group (SPWG), and other trans, gender variant  and intersex led networks and organisations responded to Draft bill, with strong recommendations. Consultations also held in Chennai, New Delhi and other cities.
Read here: LINK
January – July 2016
6. THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL 2016
The MoSJE tabled the TG bill 2016 in the Lok Sabha in August 2016. The bill as tabled, regressed in many ways from their own draft bill of 2015, and was in violation of  NALSA judgement. A departmentally related Parliamentary Standing Committee was set up by the MoSJE to recommend changes and/or additions to the bill.
Text of the bill: LINK 
August 2016
7. CRITIQUE, RESPONSES, DEPOSITIONS AND CONSULTATIONS TO TG BILL 2016
SPWG, and other networks and groups gave presentations as witnesses [deposed]  in front of Parliamentary Standing Committee on Social Justice, as well as critiqued the bill in press, during the year.
Read more here: LINK 
August 2016 – August 2017
8. 43rd REPORT ON TG BILL 2016 BY PARLIAMENTARY STANDING COMMITTEE ON SOCIAL JUSTICE
The Standing Committee on Social Justice collated all responses & feedback, and presented their report on TG Bill to MoSJE who then presented it to the government. The government pushed back on many progressive suggestions made by the committee.
Read report here: LINK
July 2017
9. MoSJE REJECTS STANDING COMMITTEE REPORT
The Ministry has allegedly rejected all recommendations made by the Standing Committee and will instead reintroduce the original 2016 bill as is, without any changes.
Source: LINK 
November 2017

 

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