
Certification Issue of Transgender
Why is it in the news?
- The Supreme Court issued notice to the Centre on a petition filed by a transgender activist challenging the constitutional validity of Transgender Persons (Protection of Rights) Act, 2019.
More in the news
- A Bench led by Chief Justice of India issued formal notice to the government on the petition filed by Swati Bidhan Baruah.
- The Act provides for a method of state-identification of trans persons by a process of certification by the District Magistrate.
- The petitioner:
(1) The method state-identification is a disproportionate invasion into the right to privacy of trans persons and is manifestly arbitrary.
(2) Right to self-identification forms part of right to life under Article 21 of the Constitution.
- Some Key Provisions of the Transgender Persons Act, 2019:
(1) Definition of Transgenders: A person as one whose gender does not match the gender assigned at birth.
(2) Right to be recognized as transgender: Every person of the transgender community has right to be recognized as transgender and obtain a certificate for the same.
(3) Procedure for obtaining certificate of recognition:
(4) A person willing to be identified as transgender is needed to apply before the District Magistrate to get a certificate.
(5) The certificate will be issued by the District Magistrate on the recommendation on District Screening Committee.
Source
The Hindu.