Union Government has constituted “National Council for Transgenders”

On formulation of policies, legislation, programs and projects

• The Centre has constituted the national council for transgender persons,
  headed by the Union social justice minster
• It will be comprising representatives from 10 central departments, five states
  and members of the community
• The Bill was meant to be a consequence of the directions of the Supreme Court
  of India in the National Legal Services Authority vs. Union of India case
  judgment

Main functions of the council

• To advise the central government on formulation of policies, legislation,
  programs and projects with respect to transgender persons
• To monitor and evaluate impact of policies and programs designed for achieving
  equality and full participation of transgenders
• To review and coordinate activities of all departments
• To redress grievances of transgender persons
• To perform other functions as prescribed by the centre

Constitution and Administration

• The council will have joint secretary-level members from the ministries of
  health, home, minority affairs, education, rural development, labour and law
• In addition, there will be a member from the department of pensions, Niti
  Aayog, National Human Rights Commission and National Commission for
  Women
• Representatives from five states or Union Territories, on a rotational basis, will
  be members of the commission
• The first such clutch comprises Jammu and Kashmir, Andhra Pradesh, Odisha,
  Tripura and Gujarat‟
• Five members of the community and five experts, from non-governmental
  organizations, have also been named to the commission
• The tenure of the community members and expert shall be three years

Reason and Background 

• The Bill was passed in the Lok Sabha on August 5 this year, a month after its
  introduction in the House, and the Rajya Sabha cleared it on November 26,
  with a last minute move to refer it to a Select Committee being defeated in a
  voice vote
• The community had organized protests across the country, urging changes to
  the Bill, claiming that in the form in which the Central government had
  conceived it, it showed a poor understanding of gender and sexual identity
• Activists had problems right from the beginning, starting with the name
• „Transgender‟ was restrictive, they argued, and it showed a lack of
  understanding of the complexities in people who do not conform to the gender
  binary, male or female
• Rejecting „Transgender‟ as the nomenclature, they suggested instead that the
  title should be a comprehensive “Gender Identity, Gender Expression and Sex
  Characteristics (Protection of Rights) Bill”, and in definition, sought to introduce
  the distinction between transgenders and intersex persons upfront

The following are the key features of the act

• Definition: It defines transgender as the person who does not match gender
  assigned at birth.
• A transgender may make an application to the District Magistrate a certificate
  of identity indicating gender as “Transgender”
• It prohibits discrimination against the transgender persons. This includes
  education, access to goods, employment, health care, right to movement, to
  hold public offices, right to reside and access to government or public
  establishment.
• To provide right of health facilities to transgender persons including sex
  reassignment surgeries and HIV surveillance centers

The concerns subjected for discussion

• There are no provisions for self-determination of gender in the act,
• There are no effective mechanism to enforce legal prohibition against
  discrimination
• The punishments set for criminal offences against the transgenders such as
  physical abuse or sexual abuse are minimal

Pic courtesy : thewire.in