No other individuals in the world had faced inhumane treatment from the society from time immemorial like the transgenders due the biological deformity in them. No other section of human beings had been ostracized in the society and was ill treated by others without any consideration of being a living thing. Their feelings, thoughts or right to live a life of dignity was never considered in the past years but when their rights to live with equality was curtailed brutally several times the necessity of legal protection was demanded and upheld. By the intervention of philanthropists and people with good values and compassion towards their fellow beings, the necessity of providing legal protection attained attention from the public and the authorities and the Government had enacted The Transgender Person (protection of Rights) act 2019 and it came into existence on 5th December 2019. The act contains 23 sections and 9 chapters.
Section 3 of the act enumerates different circumstances that prohibits the discrimination against a transgender person on employment in public or private sector, education, rent or buy any place for residence, healthcare services where other citizens of the country have right to access. The immunity of protection of their rights is enumerated in chapter three of the act and it is applicable only to transgenders who prove their gender identity in accordance with section 4 and 5 of the act and their certificate of gender identity is issued by the District Magistrate if the conditions had been satisfied as per section 6 of the act. As per section 7 the transgender person who undergoes surgery to change the gender on the application the District magistrate shall revise the certificate of gender. The rights provided for the transgenders are also same to the person who had undergone surgery for change of gender.
The obligation of the Government to include them in the mainstream society is detailed in chapter 4 where the government has to take suitable welfare measures, rescue and protection programs, rehabilitation measures, and awareness programs and to protect their rights in participation of cultural and recreational activities.
In order to comply the provisions of the act the Central Government had constituted National Council as per section 16 of the act. The National Council’s prime importance is to redress the grievance of Transgender persons and to formulate various policies and programs to ensure justice and equality for them in the society. Chapter 8 states the penalties for the offenses committed against transgenders on basis of physical, mental or sexual abuse or on any matter aggrieves them with an imprisonment not less than six months that may extend to two years and with fine. Chapter 9 deals with the Central Governments rule making power from time to time that may be appropriate for the welfare of the transgender community.
One of the ugly reality is even after the enactment the mindset of society is not yet had undergone deep changes to receive them as normal people in a society and only if the punishment in accordance with the act is Strictly implemented such changes will occur.