by Somabha Bandopadhay

Yet again the Legislature has swiftly and quite smartly undertaken another step in ensuring bucket list being checked, pacification of sentiments and a law seemingly to be brought in place for protection of the community that deserves a much more attention than the present state and frame of mind with which they are dealt. This is in regard to the newly drafted and published Draft Transgender Persons (Protection of Rights) Rules 2020. As a sequel to the Act that was passed last year in December that was introduced and passed in the Lok Sabha amidst very many contentious issues- the pivotal being abrogation of article 370 of the Indian Constitution. The only law for the first time for undoing the historical injustices against the transgender community did not see much deliberations or even consultations from the transgender community members. As I called it the sequel, it is both a sequel to the law for this time it concerns the rules pertaining to the Act and a sequel pursuant to the manner in which it has been drafted and published.

The Draft Rules was published in the Ministry of Social Justice and Empowerment on 18th April 2020 and the last date for receiving comments was identified to be 30th April 2020 which barely gives 12 days to read, analyse and comment on the Rules for the law concerning the rights of the community.

Considering the fact that the community members are mostly severely disadvantaged- economically and educationally, is it possible for them to be able to undertake this process within this short span of time? Furthermore, amidst the strict lockdown how feasible is it for them to consult other activists or persons equipped with law? And finally, a question that lurks in this fast-paced scheme of things- what is the need for hurrying with the law (which anyway is laden with ambiguities of various kinds and a petition is pending before the Supreme Court)? Read more via Live Law