Transgender Persons (Protection of Rights) Act, 2019

However, it fails to incorporate yet other principles in line with the Supreme Court judgment in National Legal Services Authority v. Union of India (NALSA v. UOI) in 2014, such as the right of transgender people to declare their self-perceived gender identity without undergoing sex reassignment surgery, and reservations in jobs and educational institutions.[2] The judgment upheld the right of a transgender person to self-perceived gender identity, guaranteed by the Constitution of India, in the absence of sex reassignment surgery.[4] The judgment in NALSA v. UOI also noted the presence of transgender people in India throughout its history, and made reference to the hijra, kinnar, and jogta communities, spread across the country and elsewhere in the Indian subcontinent.[27][28] The bill was once again met with severe criticism and protests across India, as it overlooked the recommendations made by the standing committee and the suggestions that had been offered by transgender people.[34] The bill was passed by a voice vote in the Lok Sabha on 5 August 2019, amidst commotion in the house following the revocation of the state of Jammu and Kashmir's special status by the Parliament on the same day.[29] Similar to the 2019 statute, the 2018 bill also required one to undergo sex reassignment surgery to be legally recognised as a man or a woman in official documents.[55] However, similar to the 2018 bill provisions, a transgender person can be identified as male or female only after applying for a revised certificate to the district magistrate, post sex reassignment surgery.[58] Similar to the 2018 bill, the 2019 act provides for punishment for crimes against transgender people, which stands as an imprisonment for a term not less than six months but which may extend to two years and a fine.[35][59] On 18 April 2020, the government published Draft Transgender Persons (Protection of Rights) Rules, 2020 in exercise of its powers under the 2019 statute, seeking comments and suggestions on the same from the public.[48] Hindustan Times reported that even if the provision of a district screening committee existed to prevent imposters from seeking benefits of government welfare schemes, such an arrangement cannot be made at the expense of transgender people's right to self-determination.[67][68] In the run-up to the 2019 general elections to the Lok Sabha, the Indian National Congress had promised in its electoral manifesto to withdraw the 2018 bill and introduce a new one, in consultation with members of the queer community.[71] Soon after news reported that the 2019 bill was approved by the union cabinet, transgender rights activists held a press conference in Delhi to address the issue.[73][74][75] The legislation also drew criticism from the All India Mahila Congress and opposition from parliamentarians including Jaya Bachchan and Sasmit Patra, while Derek O'Brien and Tiruchi Siva also expressed their concerns before the house.[81][82] On 27 January 2020, the Supreme Court issued a notice requiring the central government to respond in a petition challenging the constitutionality of the 2019 legislation, filed by judge[83] and transgender rights activist Swati Bidhan Baruah.[86] The Act has been criticised for overlooking the demand of transgender community for reservations in the matter of appointment which was recommended in NALSA judgment (2014) by The Supreme Court of India.