What is the Trans Act of 2019 ?
Background
Knowing the background of the trans law is important so that we can determine what the new things are and what is happening so we can know what we could do.
In 2014, Supreme Court gave the NALSAR judgement which is a landmark judgement in the field of Trans Rights. This was the first time that the Supreme Court gave Trans people equal mandates- equal protection of the law, equality before the law and all the fundamental rights that have been awarded to each and every citizen of the country.
So because of that Supreme Court asked the State and the Central Governments to provide reservations for Trans people. They should get legal validation at institutions and they get other help in the form of welfare schemes and support schemes. Because of this in 2019, the Transgender Persons Protection came out. So the law that saw to Trans rights has now been changed to Trans ACT or TG ACT 2019. And its rules have been implemented in 2020.
What are the prevailing rights for Trans people in India?
Thanks to the TG ACT the steps to get a TG ID Card have been simplified to a two-step process. So if you look at the ACT, it has many fundamental issues with it.
What do you need for a TG Card and what is the need for a TG Card?
This ACT gives the fundamental right to self-identify with the gender they like. It also specifies that a Trans person has a certificate of identity. If you identify as a binary gender instead of trans then you can get a revised ID Card too.
First start to identify as a transperson through a self-sworn affidavit in front of the District Magistrate. After the District Magistrate verifies the documents you are given your TG ID Card.
If then you want to identify as a binary gender, you would need a medical certificate that shows that there has been medical intervention of some kind.
So, this ACT says if you have had gender-affirming surgery then you are entitled to a binary gender identity card. On the other hand, the rules state that medical intervention means any kind of gender-affirming care. This could then mean, a psychological report of your gender dysphoria or HRT treatment reports or surgery. This needs to be signed by the Chief Medical Officer or Medical Supretendant whether from a private hospital or government. Then that certificate is checked by the District Magistrate and then you are given the revised binary gender ID Card.
Trans-Act problems
The Trans Act-2019 is not without its own issues. The ACT stands against the NALSA judgement. The NALSA judgement says that all transgender people can self-determine their gender identity- whether trans, male or female. But the ACT is opposed to it as it demands proof of medical intervention for the same.
This is why a lot of Trans-activists are opposing it at the Supreme Court level.