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NEW DELHI: The Transgender Persons (Protection of Rights) Bill 2019 was passed by a voice vote amid protests from some opposition parties over Congress leader Adhir Ranjan Chowdhury not being allowed to speak on his adjournment notice. The bill was passed in the Lok Sabha and will now go to the Rajya Sabha for its approval.

Replying on the bill, minister of state for social justice Rattan Lal Kataria said it makes provision for establishing a national authority for safeguarding rights of transgenders. The minister said according to the 2011 census there are more than 4.80 lakh transgenders in the country.

A contentious provision that criminalised begging by transgender people has been removed from the bill. The provision was part of the bill when it was introduced by the previous NDA government. The bill had lapsed when the tenure of previous government came to an end.

The provisions of the bill make room for the right to self declaration of gender identity by a transgender person without going through a screening committee. Identity certificates will be issued by the district magistrate based on documents that may be prescribed under the rules. The bill also states that “appropriate government” which refers to the Centre and states will have to make provision for coverage of medical expenses by a comprehensive insurance scheme for sex reassignment surgery, hormonal therapy, laser therapy and other health issues of the community.

In terms of offences and penalties the bill makes compelling or enticing a transgender person to indulge in the act of forced or bonded labour a punishable offence with imprisonment not less than six months but which may extend to two years and fine. The same punishment applies to any one who harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or causes physical, sexual, verbal, emotional and economic abuse.

As per the bill a transgender person is one whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone sex reassignment surgery or hormone therapy or laser therapy or such other therapy), person with inter-sex variations, gender-queer and person having such socio-cultural identities as 'kinner', 'hijra', 'aravani' and 'jogta'.

