On the 18th of April 2020, the Ministry of Social Justice and Empowerment uploaded the draft of the ‘Transgender Persons (Protection of Rights) Rules 2020’ on their website for the general feedback on the rules. As per the Legislative procedure, The draft rules have to be in the public domain for feedback for at least 30 days. But instead, the deadline set for submitting feedback was 30th of April. The government was questioned on the violation of legislative procedure rules amidst a pandemic by various community members and organizations. After which the government revised the deadline to 18th May 2020. We asked a few transgender people & activists what do they feel about the draft rules and the strict deadline amidst a pandemic.
The Transgender Person (Protection of Rights) Act was enacted with a view to providing for the protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto. But form the day the bill was presented in the parliament, it has been causing huge disruption among the community members and activists, for its numerous flaws and faults in regard to understanding the needs of transgender people. The provisions of the said Act came into force on 10th January 2020.
For the unconstitutionality of the Trans-Act, it is already being challenged in the supreme court petitioned by 2 different parties; Advocate and Trans-Activist: Swati Bidhan Baruah and Human Rights Law Network (HRLN), while Senior Advocate Anitha Shenoy also took a stand in court for NALSA, and Centre for Law and Policy Research (CLPR) has also filed a case before Karnataka High Court for protecting transgender persons during the COVID-19 lockdown.
You can download the full copy of the Draft “The Transgender Persons (Protection of Rights) Rules,2020 here