Supreme Court forms Committee to formulate a National Equal Opportunity Policy for Transgender persons | Current Affairs | Vision IAS
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ESC

In Summary

The Supreme Court highlighted issues faced by transgender persons, including discrimination, identification hurdles, societal stigma, and inadequate welfare, urging the formation of a National Equal Opportunity Policy.

In Summary

In Jane Kaushik v. Union of India & Ors., the Supreme Court (SC) also highlighted issues in Transgender Persons Act of 2019 and  discrimination faced by Transgender Persons.

Issues faced by Transgenders as highlighted by the SC

  • Accessibility of benefits: The 2019 Act links availing of benefits to possession of an identification card, making the process complex and may result in exclusion of beneficiaries.
  • Lack of reasonable accommodation: Transgenders face challenges in accessing public institutions like educational establishments, ‘Garima Greh’ shelter homes etc.
  • Administrative inefficiency: For example, majority states failed to establish Transgender Protection Cells.
  • Deep-rooted societal stigma: Lack of social acceptance, social awareness and empathy towards gender inclusivity. 
  • Legal and identity issues: 2019 Act mandates certification of gender identity by a District Magistrate (DM), infringing on the right to self-identify.

Key Provisions of Transgender Persons (Protection of Rights) Act, 2019

  • Definition: A transgender person is someone whose gender identity does not align with the gender assigned at birth.
  • Recognition of identity: The Act provides right to a self-perceived gender identity; a Certificate of Identity issued by the DM confers rights under the Act.
  • Prohibition Against Discrimination: In Education, employment, residence etc.
  • Measures by Government: Formulate welfare schemes to ensure full participation E.g. Vocational training, Healthcare
  • Establishment of National Council for Transgender Persons

Other Measures taken for welfare of Transgender persons

  • NALSA Judgment (2014): Transgender persons were legally recognised as the ‘third gender’.
  • National Portal for Transgender Persons: To obtain certificate of identity and identity card without any physical interface.
  • SMILE (Support for Marginalized Individuals for Livelihood and Enterprise) Scheme:  For comprehensive welfare and rehabilitation of transgenders.
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