Lawstreet Journal

First Transgender Judge Of Assam Awaits Response From Centre To Supreme Court's Notice In Plea Challenging Transgender Persons Act

Lawstreet Journal 7 Feb 2020 2:32am

Image courtesy: Lawstreet Journal Judiciary First Transgender Judge Of Assam Awaits Response From Centre To Supreme Court's Notice In Plea Challenging Transgender Persons Act

The first transgender judge "Swati Bidhan Baruah" who had challenged the constitutional validity of the Transgender Persons (Protection of Rights) Act 2019 in the Supreme court is awaiting the response from the Central Government to the Apex Court's notice. The court had issued notice to the Central Government on the January 27, 2020.Baruah contends that the Act is draconian and also attacks the rights of the trans people. 

The matter has been listed for 16th March, 2020. The Central Government has to reply to the provisions of the Act by providing justifications to the parts Barurah had listed as draconian and humiliating. The petitioner also blamed the "lackadaisical and conservative outlook" of the Social Justice Ministry in not providing enough opportunities to make the Act helpful in the long run. 

The most humiliating provision of the Act is that the transgender person cannot be self identified as one. An application has to be made in front of the District Magistrate so that the person can be certified as a transgender making an application. 

This particular provision is a direct violation of 2014 National Legal Services Authority judgment by the Supreme Court. The judgement stated that the right to self-identification of gender is part of the right to life under Article 21 of the constitution,” Baruah said.

Chapter three of the Transgender Persons (Protection of Rights) Act, 2019, however, says:

"A transgender person may make an application to the district magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and… Continue Reading...

Tagged: transgenders  
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