Shashi Tharoor says Transgenders Bill is ‘flawed’, explains why 

Shashi Tharoor.

The Congress MP from Thiruvananthapuram, Shashi Tharoor, has described the Transgender Bill, which was passed by the Lok Sabha by voice vote on Monday, as “flawed”. The Transgender Persons (Protection of Rights) Bill, 2016, was passed with 27 amendments introduced by the government. The amendments suggested by opposition members were rejected.

In a series of tweets, Tharoor elaborated on why he finds the bill “regressive” and “fraught with flaws.”

1/8 The Transgender Bill passed by the Lok Sabha is regressive & fraught with flaws. I moved several amendments to improve the Bill; unfortunately I did not get an opportunity to explain the reasons behind them. Highlighting a few through this thread:

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

2/8 Definition: A person with intersex variation may be satisfied with the gender assigned at time of birth, or can choose to be a transgender, but the Bill wrongly assumes that all persons with intersex variation are transgender persons. I moved an amendment to correct this.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

3/8 I moved an amendment to make school & college curricula inclusive in nature. Our students need to learn about the LGBTQ community & their rights, and teachers must be trained to ensure that transgender and gender non-conforming children are not discriminated against.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

4/8 I also moved an amendment to mandate the Govt to encourage transgender children to access all levels of education through scholarships and to provide incentives to the private sector to employ transgender persons, to combat their marginalization.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

5/8 Many offences under the IPC such as rape, stalking, sexual harassment etc are applicable only if the victim is female. Therefore, I moved an amendment to include transgender persons under the ambit of the IPC.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

6/8 Self-identification as transgender should be the only basis. My amendment expressly forbids subjecting transgender persons to a physical examination & ensures all transgender persons are protected against discrimination, even those who may not have a certificate of identity.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

7/8 The word ‘rehabilitation’ employed by the Bill, indicates lack of agency on part of transgender persons and is patronizing. They need assistance with housing, not ‘rehabilitation.’ My amendment sought to correct this disempowering language.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

8/8 These inclusive &non-political proposals to empower the transgender community were summarily shouted down by the BJP. Whether it is bigotry or hubris, their attitude undermines the value of Parliamentary discussion. A flawed bill has been passed;it cld easily have been fixed.

— Shashi Tharoor (@ShashiTharoor) December 17, 2018

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