Parliament has made into law the Transgender Persons (Protection of Rights) Bill, 2019, which had been framed for the welfare of transgender persons. The community had organised protests across the country, urging changes to the Bill, claiming that in the form in which the Central government had conceived it, it showed a poor understanding of gender and sexual identity. Activists had problems right from the beginning, starting with the name. 'T ransgender' was restrictive, they argued, and it showed a lack of understanding of the complexities in people who do not conform to the gender binary, male/ female. Charging that the Bill had serious flaws, because of this basic lack of comprehension about gender, some activists also wrote an alternative wish Bill, outlining their demands.
Activists chastised the Union government for failing to live up to the opportunity to ensure that fundamental rights are guaranteed to all people regardless of their sex characteristics or gender identity. Rejecting 'Transgender' as the nomenclature, they suggested instead that the title should be a comprehensive "Gender Identity, Gender Expression and Sex Characteristics (Protection of Rights) Bill", and in definition, sought to introduce the distinction between transgenders and intersex persons upfront. Members of the community perceive transgender as different from intersex, and were insistent that the distinction be made in the Bill.
While the community is miffed that the Bill has become an Act without any effort to make valid or relevant changes to its original composition, it worries about how implementation will address the pressing needs of the community. It only hopes that the National Council for Transgender Persons will allow for a more favourable implementation of the law, and thus provide more elbow room for genuine representations of the community that the Bill itself failed to accommodate.
Recently, there is a boom of Sex reassignment surgery (SRS). Intersex and transgender people are subjected to SRS during their infancy and childhood, to alter their bodies, particularly the sexual organs, to make them conform to gendered physical norms, including through repeated surgeries, hormonal interventions and other measures. Based on the author's reasoning should the consent of the Parents to conduct SRS over their children be considered as the consent of the child: