Answer Writing Practice for UPSC IAS & UPPSC Mains Exam: Paper - III (General Studies – II) - 10 July 2020

Answer Writing Practice for UPSC IAS Mains Exam


Answer Writing Practice for UPSC IAS & UPPSC Mains Exam


UPSC Syllabus:

  • Paper - III : General Studies - II : Governance, Constitution, Polity, Social Justice and International Relations

Q. Discuss the provisions of the Transgender Act 2019. Why is the Transgender Community unhappy with the New Act? (250 words)

Model Answer:

  • Introduction
  • Provisions of the Transgender Act 2019
  • Reasons for opposing the act by the transgender community
  • Conclusion

Introduction:

The transgender is individuals of any age or sex whose personality, appearance, attitude, behaviour or personal characteristics differ from stereotypes. The transgender held prominent positions in the society prior to 1871, when the British rolled out the Criminal Tribes Act. The Act was repealed in 1952, but it caused heavy damage to the community. Transgenders, for the first time, were identified as the third sex in the 2011 Census.

Provisions of the Transgender Act 2019:

  • The Act defines a transgender person as one whose gender does not match the gender assigned at birth. It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities.
  • The Act prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public, etc.
  • Every transgender person shall have a right to reside and be included in his household. In case the family is unable to take care, the person may be placed in a rehabilitation centre, after a court order.
  • Educational institutions should provide inclusive education, sports and recreational facilities without discrimination.
  • The government is to take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
  • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
  • The Act recognizes the following offences against transgender persons: (i) forced or bonded labour (ii) denial of use of public places, (iii) removal from the household, and village, (iv) physical, sexual, verbal, emotional or economic abuse. Any such offences would be penalized.
  • The National Council for Transgender persons (NCT) would be constituted in order to monitor the impact of policies, legislation and projects with respect to transgender persons.

Reasons for opposing the act by the transgender community:

On the day the transgender bill was passed by the Rajya Sabha and it became an act, the transgender community termed the day as ‘Gender Justice Murder Day’ due to the following reasons:

  • Activists pointed out that it is inappropriate to include the intersex community in the definition of transgender, which the Act does, as not all intersex people identify themselves as trans-people.
  • The act mandates a certificate from a district magistrate declaring the holder to be transgender. This goes against the principle of self-determination. Activists argue that there is no room for redress in case an appeal for such a certificate is rejected.
  • Transgender and intersex persons might require a range of unique health care needs, but were ignored in the Act.
  • If young Trans persons want to leave home because of pressure to conform to the sex they were born with, they can no longer join the trans community. They must go instead to a court, which will send them to a “rehabilitation centre”.
  • There is no discussion regarding reservations in public jobs, education, etc.

Conclusion:

The genesis of the problems of transgender persons in India lies in the stigma and discrimination they face in the society, resulting in their exclusion from the socio-economic-political spectrum. It is required to mainstream them and adopt an inclusive approach towards the transgender community in all spheres of life.