'Hurried, short-sighted decision': Why has the Transgender Amendment Bill sparked a massive row | Explained | Today News
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“Parliament has passed a bill to amend a law on the protection and rights of transgender persons that proposes excluding social orientations from the ambit of the statute.”
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“The Rajya Sabha gave its nod to the Bill on 25 March, even as opposition members pressed for sending it to a select committee.”
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“The bill, which seeks to amend Transgender Persons (Protection of Rights) Amendment Act 2019, also provides for graded punishment based on the gravity of harm inflicted on such people.”
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“The bill was passed in the Lok Sabha on 24 March.”
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“Social Justice and Empowerment Minister Virendra Kumar said the proposed legislation is an effort to take along all segments of the society together.”
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“A motion moved by DMK MP Thiruchi Siva to refer the Bill to a select committee was not approved.”
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“The Amendment Bill seeks to amend the 2019 Act, including changes to the process of legal recognition of gender identity.”
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“Critics, including several Opposition MPs, claim it dilutes the principle of self-perceived gender identity upheld by the Supreme Court in its landmark 2014 NALSA judgment.”
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“The Amendment Bill has sparked a row. A controversial amendment proposed by the Bill is to take away the right of self-determination of gender.”
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“The Bill omits persons with 'self-perceived gender identities' from the definition of 'transgender person', legal news website LiveLaw reported.”
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“The Bill seeks to narrow the definition of 'transgender person', modify the procedure for recognition of gender identity, and introduce stricter penal provisions for offences involving forced conversion of individuals into transgender identities through mutilation or coercion.”
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“In the 2019 Act, a transgender person was defined as 'whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman...'.”
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“The definition has now been replaced with a new, more specific medical criteria-based definition.”
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“Under Sections 5 and 6 of the 2019 Act, read with the Transgender Persons(Protection of Rights) Rules, 2020, a transgender person could submit a form... and the District Magistrate was responsible for issuing the certification of identity.”
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“The 2026 amendment requires that the District Magistrate can only issue a certificate after examining the recommendation of the 'authority', which is a Medical Board.”
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“Even after the Medical Board's recommendation, if the District Magistrate considers it necessary, he can seek assistance from other medical experts.”
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“Congress MP Renuka Chowdhury launched a sharp attack on the Union government, comparing the amendments to a 'Special Intensive Revision (SIR) on transgender persons'.”
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“Activists questioned the government's haste in passing the bill, citing the LPG crisis and other economic issues.”
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“Grace Banu, a transgender rights activist, opposed the bill, stating it undermines transgender rights.”
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“Gulam Jeelani is the author of the article, with experience in legal journalism.”
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