As TG bill becomes law, community uncertain about status of 32000 TG certificates issued on basis of ‘self-perceived identity’ | India News
The revised definition of “transgender person” clarifies that it will not include persons with “a different sexual orientation and self-perceived sexual identity.” A Medical Board headed by the Chief Medical Officer has been constituted. The District Magistrate will issue a certificate of transgender identity after examining the recommendations of the Medical Board cited as “authority” constituted by the Central or State Government. Moreover, the DM will also have the option of taking the help of medical experts.While members of the TG community are exploring legal avenues to challenge the legislative amendments in court, they are wondering what will happen to the more than 32,000 TG certificates issued so far based on self-realized identity and pending approval. Abhina Aher, member of the National Council for Transgender Persons, told TOI that the community is planning to seek legal recourse as the bill violates the landmark 2014 NALSA judgment that affirmed transgender people’s right to self-determination. A visit to the National Portal for Transgender Persons linked to the website of the Ministry of Social Justice and Empowerment shows that the total number of applications received stands at 37362. The portal keeps the number of TG certificates issued till date at 32660 and out of this 32630 people have been given TG identity cards. As many as 5833 applicants were not found eligible and 4794 applications were pending approval till Tuesday.In this context, youths like Akash (name changed) are worried. A transman from Charkhi Dadri in Haryana who is currently aspiring to appear for the civil services exam to pursue coaching in Delhi, Akash says he is scared of what lies ahead. “I received my TG certificate on March 18 but will this certificate remain valid? The amendments do not even mention transman or transwoman in the definition and take away the right to self-identified identification. So, what about me and others in the same situation? Who will protect our rights and protect us from exploitation? Akash asked.The revised definition of “transgender person” states that it has a socio-cultural identity as kinnar, hijra, arabani and jogata or eunuch or eunuch or a person of intersex variation as mentioned below or a person who, at birth, has a congenital change in one or more of the following – compared to female sexual characteristics.
- Primary sexual characteristics
- External genitalia
- Chromosomal pattern
- gonadal development
- Endogenous hormone production or response, or other such medical conditions.
The definition also includes “any person or child who has been compelled, by coercion, enticement, deception, or undue influence, with or without consent, to adopt, adopt, or outwardly present a transgender identity by mutilation, emasculation, castration, mutilation, or surgical, chemical, or other means.”
