Opposition MPs had slammed the bill for excluding gays and lesbians from its ambit, arguing that it narrows protections for gender and sexual minorities. Another contentious provision is the creation of an authority to determine whether a person qualifies as transgender — a move critics say undermines the right to self-identification.
Also Read: Transgressionary state: Transgender Amendment Act is a step back on freedom, democracy and growth
According to a law ministry notification dated March 30, the amended law will come into effect on a date to be notified by the Central Government in the official gazette.
During debates in both Houses of Parliament, the government maintained that the objective of the bill is to strengthen protections for transgender persons. The opposition, however, pushed back, saying the legislation takes away the right to self-determination of identity, including for gay and lesbian individuals, and demanded that it be referred to a standing committee for wider consultations.
The bill seeks to provide a precise definition of the term “transgender” and explicitly excludes “different sexual orientations and self-perceived sexual identities” from its scope.
It underlines that a transgender person “shall not include, nor shall ever have been so included, persons with different sexual orientations and self-perceived sexual identities.”Also Read: Parliament passes bill to amend law on protection and rights of transgender persons
“The intent, object and purpose of the Act is and was to protect a specified class of persons socially and culturally known as transgender people who face societal discrimination of an extreme and oppressive nature.
“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 fluidities,” the bill says.
