Transgender Persons Protection Act

Question 1

What is the nature of the act?

Answer 1

Protection and welfare of transgender persons

Question 2

What is the issue with Section 4 of the TPP Act?

Answer 2

It violates the right to self determination of the transgender person. The right to identity is a right that is inherent, but wording and consequence of section 4 is that there do not exist any inherent rights for transgender persons till recognised by the act. It is called conferring rights not recognition.

RSD implies that only the Trans people themselves would have the right to assert and identify themselves as whatever they want to identify themselves as. No other third party or State can recognise or identify such for them.

Identify already exists, you as a State will only do such things which will be in furtherance of such identity.
So, section 4 in the garb of ‘recognising’ is actually ‘conferring’ rights.

Question 3

Issue with Section 18

Answer 3

Both civil and criminal remedies being dealt with under the same provision. Further, why is the punishment for Section 18(d) less than general laws? As lex specialis it reduces the punishment for a pre-established crime. Therefore this act only really functions as a welfare act and is not really protective in nature.

Question 4

Issue with Section 2

Answer 4

Intersex and gender orientation included in the definition of transgender people.

Question 5

Issue with Section 6

Answer 5

Section 5 says that one may apply for certificate of identification. However, Section 6 clarifies that one does not have access to rights without a certificate. Therefore there exists no discretion as Section 5 would have you believe.

Also, this implies that one does not have the rights until the state confers them on us which is ridiculous and violative of RSD.

However, under the rules it is clarified that the DM mostly just grants the certificate and does not require any satisfaction criteria. Therefore the certificate may just be a procedural hurdle and not actually a document that confers rights.

Question 6

What did the NALSA Judgement deal with (3 things)

Answer 6

1. Upheld the right of all persons to self-identify their gender. Also declared that eunuchs and hijras can legally identify as third gender.
2. The court held that transgender persons have fundamental rights under Article 14, 15, 16, 19(1)(a) and 21. The court looked at international covenants and the Yogakarta Principles (human rights groups met in indonesia).
3. Issued directions to state and central governents to
4. make provisions for legal recognition of third gender
5. recognise third gender as socially and economically backward entitled to reservations
6. take steps for welfare of the community

Question 7

Mx Atri case

Answer 7

various petitions regarding lack of transgender person column in various government examination application.