Skip to main content

Transgender community 'shocked' at timing, manner of seeking feedback on draft rules

By Our Representative
Responding to the “announcement” by the Ministry of Social Justice and Empowerment (MoSJE) seeking public feedback for the draft rules of the Transgender Persons (Protection of Rights) Act, more than 150 members of the transgender community in a letter to the minister of social justice and empowerment have strongly protested against a very limited time period of 12 days for sending suggestions, that too during lockdown.
The Transgender Persons (Protection of Rights) Act, 2019 received presidential assent on January 10, 2020. The draft rules were placed on the MoSJE website on April 18, and the last date for getting suggestions ends on April 30. 
Stating that they are “shocked” to note the timing and manner of ‘seeking feedback’, the signatories say, under the “mandatory lockdown regime” millions of working people, “including the entire transgender community has been facing a severe crisis of survival, food insecurity, lack of access to healthcare and livelihood.”
Asserting that they have not been offered any “supportive package” either, the letter says, they have “serious reservations regarding the non-consultative manner in which the Act was passed as well as many of the deeply problematic provisions in the Act, which fundamentally go against the grain of National Legal Services Authority of India (NALSA) judgment as well as our constitutional rights as equal citizens.”
The letter says, the government should be “very much aware that the constitutional vires of the Transgender Persons (Protection of Rights) Act, 2019” which is “impugned” before the Supreme Court, in multiple petitions. “Since the matter is sub judice, it would be in the fitness of things to await the verdict of the Court, before proceeding with any rule-making process”, it adds.
All details pertaining to the proposed rules must be placed in public domain for at least 30 days and communicated to public at large
Further, the letter says, the announcement for feedback “is inconsistent with the Pre-Legislative Consultation Policy (PLCP), 2014 of the Government of India, which must invariably be followed by all Ministries and Departments in formulating principal and sub-ordinate legislation (rule-making).”
According to this policy, “All details pertaining to the proposed Bill/ Rules must be placed in public domain for a period of at least 30 days and communicated to public at large through print, electronic, audio and visual means. The policy also envisages a process for consultation with the specific communities/ groups affected by such laws/ rules.”
Also protesting against the rules having been placed “only on the website and in English, while a majority of the community neither has access to web-based portals or the English language”, the letter says, “An Act which claims to be ‘inclusive’ cannot adopt a rule-making process so exclusionary.”
Demanding that the MoSJE should not to proceed with the rule-making process till the matter of the Act’s constitutionality is cleared by the Supreme Court, the letter says, the government should not go ahead it them till “the lockdown is fully lifted and the situation of transgender people returns to at least a degree of ‘pre-lockdown normalcy’.”

Comments

TRENDING

Nirma varsity demand for higher fees 'illegal', violates Article 14: Letter to Gujarat HC

Counterview Desk
Students of Gujarat’s top private institute, Nirma University, situated in the outskirts of Ahmedabad, in a letter to the Chief Justice the state High Court, have complained that the authorities are demanding “full fees” from students, without taking into account the “disproportionate impact” the lockdown has on the livelihood of students and families.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

By Our Representative
Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book, "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Vulnerable to Covid-19, sharp rise in murder of Indian journalists during pandemic

By Nava Thakuria*
Vulnerability of working journalists in India is no way an alien issue as the populous country loses a number of working journalists to assailants as also medical emergencies. Even though there was only one casualty in the Indian media fraternity during the first half of 2020, who was targeted for journalistic work, India has begun witnessing an alarming number of media casualties during the Covid-19 pandemic.

Govt 'assures' Gujarat HC no action against MBBS students defying corona sahayak order

By Our Representative
The Gujarat government has assured the High Court that no action would be taken against Part-I and Part-II MBBS students of the Ahmedabad Municipal Corporation (AMC)-controlled NHL Medical College and LG Hospital and Medical College. The assurance follows the direction by Justice SH Vora to the State government not to prosecute or initiate action against the students who were defying the college authorities’ order to work as corona sahayaks (helpers).

Renounced US citizenship to serve workers, tribals, Sudha Bharadwaj 'odiously' in jail

By Atul, Sandeep Pandey*
Professor Sudha Bharadwaj has been in jail since August 2018. She was taken into police custody on August 26, 2018 on suspicion of being involved in Maoist terror activities after Republic TV claimed that she had allegedly written a letter to Maoists and was conspiring to create public disorder and unrest in India.

Ex-official: Murmu, appointed as CAG, will 'surely' perform shradh of the institution

Counterview Desk
A former senior official of the Comptroller and Auditor General of India (CAG), Shantanu Basu, in a Facebook comment in the wake of the appointment of GC Murmu, a Gujarat IAS cadre official of the 1985, has raised doubts about the independence of CAG following the Government of India move.

Plant organic, eat fresh: Emlen Bage's journey from migrant labour to agri-entrepreneur

By Chandrashekar and Kriti*
Who is a farmer? Type this question in the google search and check out the images? You can see men thronging the screen. This is the popular perception around the globe. Well one can understand how difficult it would be for a woman to defy this perception.

High youth unemployment: India 'fails' to take advantage of demographic dividend

By Varun Kumar
As coronavirus pandemic continues amplifying challenges among youth with regard to employment opportunities, government policies have further resulted in economic slowdown, leading to mass unemployment and loss jobs. According to the International Labour Organisation report “Covid-19 and the World of Work” (May 27, 2020), around 94 percent of the world’s workers are living in countries with some sort of workplace closure measures in place.

Dichotomy? US Hindutva groups oppose racism, mum on Modi's 'anti-minority' stance

By Our Representative
The Hindus for Human Rights (HHR), a US-based advocacy group, has noticed a major dichotomy between the stance taken by RSS’ US arm, Hindu Swayamsewak Sangh (HSS), expressing “shock” at the “painful killing of George Floyd, Breonna Taylor, Ahmaud Arbery, and so many others”, all of which suggest “the tragic tale of racial injustice” in US, and HSS’ “hatred” for India’s religious minorities and Dalits.