Government makes two major changes in Transgender Bill; may introduce in Parliament next week

New Delhi: Under fire from rights activists and opposition parties, the Modi government has brought major changes to the draft Transgender Persons (Protection of Rights) Bill. If passed by Parliament, a person would be recognised as transgender by self-identification and not through a tedious process of convincing a screening committee.

The Bill is likely to be introduced in Parliament next week. The Centre has brought two major changes to the draft. The social justice and empowerment ministry has scrapped a section that required formation of a district screening committee (comprising a chief medical officer, social welfare officer, psychologist, transgender community representative and a government nominee) for recognition of transgender persons.

Now, a person would be identified as transgender through self-identification and a certificate would be issued by the district magistrate.


The proposal for the screening committee had come under a lot of flak as activists pointed out it would require submitting to a medical examination and intrusive questioning. It also went against the right to self-identification, a key right that the Supreme Court had protected. The new Section 6 of the draft legislation, reviewed by ET, reads: “The district magistrate shall issue to the applicant under Section 5 a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed, indicating the gender of such person as transgender.” This procedure and time limit would be specified in the rules once the Act comes into force. Another change brought in to the draft Bill is decriminalising begging by transgenders.

In the previous Bill, Section 19 under Chapter VIII on “Offences and Penalties” had earlier read, “Whoever – (a) compels or entices a transgender person to indulge in the act of begging or other similar forms of forced or bonded labour … shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years with fine.” Rights activists pointed out that the government had not created any forms of employment but criminalised begging.