LGBT+ activists in India rally against proposed transgender rights bill

"The government is thrusting the bill on us by saying it will help us. But its provisions will actually take away our rights.”

LGBT+ activists in India rally against proposed transgender rights bill

NEW DELHI, INDIA - DECEMBER 17: Transgender community members and supporters protest against Transgender (Protection of Rights) Bill 2016. Source: Arvind Yadav/Hindustan Times via Getty Images

Indian LGBT+ activists gathered in New Delhi on Sunday to speak out against the introduction of the Transgender Persons (Protection of Rights) Bill.

While the Indian government has touted the bill as a step forward for trans rights, protestors are warning that it will, in fact, have a dangerous impact on trans and gender non-conforming individuals.

"The government is thrusting the bill on us by saying it will help us,” trans activist Aparna Banerjee told

“But its provisions will actually take away our rights. It's just a projection and not a protection bill, which is being passed to wash its hands off its duty under the NALSA judgment.”

The NALSA (National Legal Services Authority) judgement of 2014 was a of trans rights in India. The Supreme Court ruled in favour of legal recognition of the third gender and directed centre and state governments to improve trans health care, social welfare programs and the public awareness of trans people.

“All that has been achieved after years of struggle will be lost if this bill is passed in the current form," Banerjee added.
According to , the Transgender Persons (Protection of Rights) Bill will change the gender recognition process to include a screening process conducted by a chief medical officer, a psychiatrist or psychologist, a social worker and a member of the trans community.

"The bill says... there will be a screening a committee in each and every district which is going to screen a transwoman, a transman or an intersex. Am I going to strip in front of the district magistrate or CMOH to prove that I am a transwoman? Before they go for any kind of drafting of a bill, they should educate themselves about the life of transgender [people]," Banerjee said.

"(The bill) takes away our right to self-determination of our gender identity,” Anindya Hazra, a transgender activist said. 

The bill has also been criticised for the way it defines a transgender person as being: “(A) neither wholly female nor wholly male; (B) a combination of female or male; or 
(C) neither female nor male." 

The proposed legislation also introduces more lenient punishments for violence against trans people.

The bill is due to be tabled in India’s winter parliament session.

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3 min read
Published 18 December 2017 3:55pm
By Michaela Morgan


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