The Supreme Court will strike down the Third Gender Amendment Bill: Trichy Siva
Tamil Nadu: Trichy Siva, leader of the DMK group in the Rajya Sabha, said that even if the Third Gender (Transgender) Amendment Bill is passed in Parliament, the Supreme Court will surely strike it down.
The amendment bill was debated in the Rajya Sabha on Wednesday, and the bill was passed by voice vote the same day.
Earlier, while participating in the debate on the bill, Trichy Siva said: “I am confident that even if this bill is passed with the government’s majority, the Supreme Court will surely strike it down. This is because it violates Articles 14, 15, 19, and 21 of the Constitution.”
In 2014, I introduced a ‘Private Member’s Bill’ for the welfare and rights of transgender people. It demanded a National Commission for Transgender Persons, a special court to expedite their cases, and reservations in education and employment. The bill was passed in the Rajya Sabha. However, when the bill went to the Lok Sabha, the ruling BJP, which had supported me in the Rajya Sabha, opposed it in the Lok Sabha.
In 2016, a Parliamentary Standing Committee recommended its withdrawal, citing strong objections to a central government bill that defined transgender people as neither male nor female.
In 2019, the central government reintroduced the bill, removing the features I had mentioned. However, the bill passed with a majority in both houses. The amendment bill the government has now introduced further repeals the same law enacted in 2019.
Furthermore, the amendment bill criminalizes transgender people and imposes life imprisonment. The maximum sentence, which was previously six years, has now been increased to life imprisonment. The transgender community has a ‘guru’ (leader). They consider and worship them like their mother. Now, if someone says, ‘Either the guru or the nabba forced them to become transgender,’ that nabba will be jailed.
This matter, which falls under the Union Ministry of Social Justice and Empowerment, falls under the Concurrent List. Before introducing this bill, were any consultations held with representatives of the states or the transgender community?
I have come here to speak for those who are struggling outside Parliament, unable to make their voices heard. You are preventing me from speaking because I am expressing an opinion against the government on this issue. The bill should be withdrawn and sent to a ‘Select Committee’ for consideration. The committee should seek the views of all concerned parties, legal experts, civil society, and the transgender community, and submit a report before bringing the bill back to the House, Trichy Siva said.
