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6 Indian J.L. & Pub. Pol'y 1 (2019-2020)
The Transgender Persons (Protection of Rights) Bill 2019: Divergent Interpretations & Subsequent Policy Implications

handle is hein.journals/ijlpp6 and id is 15 raw text is: THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL 2019 DIVERGENT INTERPRETATIONS & SUBSEQUENT POLICY IMPLICATIONS -Abhimanini Sawhney & Sara Grover* A popular government without popular information or the means of acquiring it, is but a Prologue to a Farce, or a Tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives. -James Madison I. INTRODUCTION The Lok Sabha recently passed the Transgender Persons (Protection of Rights) Bill, 2019. This springs from not less than 3 versions of the bill passing through Parliament - the 2014 Transgender Persons (Protection of Rights) Bill, the 2016 Transgender Persons (Protection of Rights Bill) and the 2019 Transgender Persons (Protection of Rights) Bill. Transgendered persons are a section of our population that have long since faced discrimination and unfair treatment. The new bill is the first formal protective measure they have in a progressive legal system and is long-awaited. This article aims to explore the needs of the transgender community and to understand their expectations and desires from the government. It then looks at the 2019 bill to see whether the government has met the aforementioned desires, and suggests policy alternatives for the same. In Section II, the paper explores the wishes of the trans community. Section III evaluates the bill and its provisions along with the relevant cases and aims to provide a complete picture of the nation's stance on transgendered persons. It also proposes alternatives and gives suggestions to improve the existing policies. It therefore critiques the 2019 Bill through the lens of the Bill's addressal of the desires and problems of the transgender community. * Authors are currently pursuing Masters in Public Policy at St. Xavier's College, Mumbai. 1 James Madison, 'To WT Barry' in Gaillard Hunt (ed), The Writings of James Madison (stedn GP Putnam's Sons New York 1990) vol. 9, 1910, para 2. 1

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