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Why a certificate to identify a transperson: SC
Why in news?
- The Supreme Court recently asked the government to explain why a law meant to protect the transgender community requires a magistrate’s certificate as a prior condition for the State to even identify a transperson.
More in news
- Petition Filed in SC Mentioned:
(1) Transgender (Protection of Rights) Act of 2019: It “instead of furthering or protecting the fundamental rights of transpersons, violates and facilitates the violation of their rights to life, privacy and equality”.
(2) Identification:
(a) The Act provides for a method of state-identification of transpersons by a process of certification by the District Magistrate.
(b) Right to Self-Identification: The “right to self-identification forms part of right to life under Article 21 of the Constitution”.
(cv) This method is a disproportionate invasion into the right to privacy of transpersons and is manifestly arbitrary.
(3) Act Negates the Protections:
(a) The Act, actually sets the clock back and negated even the protections secured to transpersons by the Supreme Court through its 2014 judgment in the NALSA case.
(b) It had recognised the discrimination suffered by transpersons and directed the government to protect their fundamental rights.
(4) Toothless Provisions in the Act:
(a) The provisions in he Act, intended to grant the right against non-discrimination, were completely toothless.
(b) Ex: It pointed out that the Act provided “as little as six months’ imprisonment” for person found guilty of endangering the life of or for sexual abuse of a transperson.
(c) The provision violates the right to life of transpersons by prescribing grossly inadequate punishment for heinous acts.
(5) Inclusion in Socially and Educationally Backward Classes:
(1) SC had directed the government to include the transgender community to be treated as Socially and Educationally Backward Classes of citizens for the purposes of reservation in education and public sector employment.
(2) The Act, however, contained no such measure.
Sources
The Hindu