The Transgender Persons (Protection of Rights) Bill, 2019, as passed by Lok Sabha

DR. AMAR PATNAIK (ODISHA): Sir, under Clause 4(2) of this Bill, which has come, a person recognized as transgender under sub-section (1) shall have a right to self-perceived gender identity. About this, hon. Members have already spoken. I am just trying to bring out an inconsistency. About Clause 4(2) read with Clause 7(1), which talks about surgery, is there some kind of confusion that people who have not undergone surgery and declare themselves, would not be accepted at all? This is something which is to be addressed. Then, there is a UNDP Report on transgenders in India. It says that 46 per cent have faced forced sex, 44 per cent have faced physical abuse, 56 per cent verbal abuse and 24 per cent threat to life. Given this scenario, the provision that is there against sexual abuse in Clause 18(d), the maximum penalty is two years. But we know that for rape against women, the maximum penalty is seven years. So, are we trying to say that a sexual abuse against a transgender is condonable to about two years instead of seven years? Sir, I must tell you this. A transgender spoke to me yesterday night at 9 o' clock from Chennai. From somewhere she got the number and these were her concerns while hearing about the Bill. I am just airing that and that is why I asked for time, just one minute for this. So, these were two of her concerns that sexual violence against women is seven years maximum and here in the Bill it is two years. You are condoning a very serious offence. The third thing is reservation for students. Simply giving scholarships when they are not even admitted to the college or admitted to the school is not going to do any good. Therefore, the most important thing is probably giving reservation for admission in schools, if not jobs. That could probably be considered. These are the three aspects, I would request through you to the hon. Minister to consider while giving the reply. Thank you.