New Delhi, March 13 A bill seeking to provide a precise definition of the term "transgender" and exclude "different sexual orientations and self-perceived sexual identities" from the ambit of the proposed law was introduced in the Lok Sabha on Friday.
The bill also provides for graded punishments that reflect the severity of the harm inflicted upon such persons.
It states that a transgender person "shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities."
"The intent, objective, and purpose of the Act is and was to protect a specified class of persons socially and culturally known as transgender people who face extreme and oppressive societal discrimination.
"The purpose was and is not to protect each and every class of persons with various gender identities, self-perceived sex/gender identities or gender fluidity," the bill says.
Social Justice and Empowerment Minister Virendra Kumar introduced the Transgender Persons (Protection of Rights) Amendment Bill in the Lower House.
It notes that it is imperative to provide a precise definition for proper and definitive identification and protection of transgender persons, to whom the benefits of the present law must reach.
The protection and benefits that are provided under the present 2019 law are vast in nature, and therefore, care has to be taken that "such identification cannot be extended based on any acquirable characteristics or personal choice or claimed self-perceived identity of an individual."
The bill also contains provisions for "designation of an authority" which will have the option to seek "expert advice" if required.
A new clause defines "authority" as a medical board headed by a chief medical officer or a deputy chief medical officer appointed by the Central government, state government or a Union territory administration.
The bill notes that over the course of time, during the implementation of transgender protection law, "certain doubts and difficulties have arisen and are likely to arise" regarding the "scope of the definition" of transpersons.
It inserts a new sub-clause to define a transperson as one having socio-cultural identities as 'kinner', 'hijra', 'aravani' and 'jogta', or eunuch, or a person with intersex variations or a person who, at birth, has a congenital variation in one or more sex characteristics as compared to male or female.
Also, any person or child who has been, by force, allurement, inducement, deceit or undue influence, either with or without consent, compelled to assume, adopt, or outwardly present a transgender identity, by mutilation, emasculation, castration, amputation, or any surgical, chemical, or hormonal procedure or otherwise, will be included in the definition.
"Provided that it shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities," it underlines.
It says the present law prohibits discrimination and abuse against transgender persons, but its penal provision addresses only general wrongs and criminal offences and prescribes a maximum of two years' imprisonment.
It does not adequately address offences of "exceptional gravity" that have been documented in practice.
The abduction of adults and children, the infliction of reversible or irreversible bodily harm upon them through mutilation, emasculation, castration, hormone therapies or other similar therapies or chemical alteration, and their forced assumption of a transgender identity are covered under scattered provisions of the Bharatiya Nyaya Sanhita, 2023, and the Juvenile Justice (Care and Protection of Children) Act, 2015.
But no existing provision treats this conjunction of abduction, permanent bodily harm, and forced identity as a unified penal approach, it says.
The bill proposes to create specific offences with graded punishments that reflect the gravity of the harm, the irreversibility of the injury, and the particular vulnerability of child victims.
The draft law also seeks to empower transgender persons to make consequential changes in official documents.
Those who have been issued a certificate of identity and is so declared as a transgender will be entitled to change the first name in the birth certificate and all other official documents relating to their identity.