NEW DELHI: The Centre is worried that the private members’ bill on transgender rights could provide a strong opening for decriminalization of homosexuality which the ruling BJP is opposed to.

Sources said discussions within the government on the transgenders bill elicited apprehension about its impact on Section 377 of IPC. It is felt the private bill, in the form passed by Rajya Sabha and awaiting passage in Lok Sabha, would lead to scrapping of the controversial legal provision which makes homosexual acts a penal offence.

The in-house opinion is likely to nudge the BJP-led Centre to swiftly finalize the official legislation that could replace the private members’ bill.

In a rare occurrence, Rajya Sabha in the budget session passed the Rights of Transgender Persons Bill that was moved by DMK MP Tiruchi Siva . Now, adding to the government’s worries is the possibility that Siva’s bill may soon be taken up for debate in the lower House in the monsoon session. If passed, the private members’ bill will be the law on welfare of transgenders despite government reservations about some of its provisions.

Sources said the social justice ministry’s draft proposal is pending with the law ministry and is far from taking a final shape that can be introduced in Parliament.

If it fails to clinch the official draft before the private bill is taken up for discussion, the government could think of moving amendments to take care of its concerns.

The legislation is aimed at ending discrimination against transgenders by putting in place deterrent punishment as well as by integrating them in the social mainstream by facilitating their education, employment as well as health needs.

While the private bill does not explicitly talk about scrapping of Section 377, the government’s scepticism may be about the definition of “discrimination” or the “guiding principles” that talk about securing for transgenders “respect for inherent dignity, individual autonomy including the freedom to make one’s own choices… non-discrimination” among others.

At the same time, many believe if a law provides for checks against health risks to transgenders, as the private bill does, it would also have a bearing on homosexuality.

The expert committee on “issues relating to transgender persons” set up by social justice ministry has in its report acknowledged that involvement of ‘third gender’ in sex work makes them vulnerable to HIV.

Also, the Centre is against the private bill’s provision that a national commission and its state-level chapters be set up as grievance redressal mechanism for transgenders, and is in favour of setting up of “welfare boards”.

The government argues that the private bill would add to the plethora of commissions and encourage similar demands, without being effective in delivering justice.