Transgender Act permits self-perceived gender identity, safeguards against discrimination: Central govt defends Act before Karnataka High Court

The Transgender Persons (Protection of Rights) Act, 2019 (Act) protects the rights of transgender persons by giving them right to self perceived identity and safeguards them against discrimination, the Union government told the Karnataka High Court on Monday, defending the law. .In its response, the Central government specifically cited Sections 4, 5, 6, 7 12 and 18 to argue that the law protects transgender persons by recognising self-perceived gender identity. "I state that with regards to the averments made at Para 29 of the Writ Petition, the Sections 4, 5, 6, 7, 12(3), 18 (a) and 18 (d) of the Act, protects the rights of the transgender persons by giving them their self-perceived identity and safeguarding them against the discrimination/persecutions by provisioning suitable punishment to the offender," the reply said. .The response came on a plea challenging the constitutional validity of the Act and related rules. .Challenge to provisions of Transgender Persons Act, 2019: Staying the entire Act will have disastrous consequences, Karnataka HC .The Union government said that Section 12 (Right of residence) of the Act protects the rights of transgender persons by ensuring that no child is separated from parents or immediate family on ground of being a transgender person, and safeguards their right to live in household with family or move to a rehabilitation centre, as per the orders of a competent court. .With respect to Section 18 (Offences and penalties) of the Act, it was submitted that the same provides for punishment for offences committed against transgender persons, in addition to the existing provisions envisaged under the Indian Penal Code. .This apart, it was contended that Section 8 (ii) [Obligation of appropriate Government] of the Act directs the State government to take all measures to protect the rights and interests of the transgender persons and facilitate their access to welfare schemes framed by the government. .Further, it was said that the Act was formulated after holding extensive consultations with stakeholders. .Transgender (Protection of Rights) Act, 2019: In violation of the NALSA judgment?.Union's response came in reply to the plea moved by NGO Ondede which challenged Sections 4, 5, 6, 7, 12 (3), 18 (a) and 18 (d) of the Transgender Persons (Protection of Rights) Act, 2019..It was the petitioners' case that though the 2019 Act was passed to provide rights to transgender persons, the provisions of the Act are in fact completely violative of Articles 14, 15, 16, 19 and 21 of the Constitution..As per Section 4 of the 2019 Act, a transgender person shall have the right to be recognised only as a 'transgender' and not as male, female, transgender or other. This is contrary to what was held by the Supreme Court in NALSA v. Union of India, the plea said. The matter will be next heard on September 8.