News Analysis India

Tag: transgender

  • Government hospital in Mumbai opens first dedicated OPD for transgenders

    By Express News Service

    MUMBAI: Maharashtra government-affiliated Gokuldas Tejpal (GT) hospital will be the first hospital to start a dedicated and separate OPD for the transgender community patients for their mental and physical treatment in Mumbai. 

    Maharashtra Medical Education Minister Girish Mahajan inaugurated the transgender ward at GT hospital on Friday. He announced that the 30-bed special and dedicated ward for transgender patients started on Friday.

    The minister said, “Transgender people as a community have suffered a lot of discrimination and inequality in society even as the Transgender Persons (Protection of Rights) Act, 2019 gives equal rights to the community and any discrimination against them is punishable under law.

    “Now, transgenders can not only avail treatment for their physical illness but also for their mental well-being. We have already conducted training sessions for our employees to learn about the problems faced by the community and also how to deal with them. They should also have general healthcare-accessible benefits,” he said.

    “GT hospital is the first hospital to provide them special wards. After receiving the response and feedback, we would also start similar wards in other hospitals as well,” the minister added.

    Dr Pallavi Sapale, Dean of Sir JJ hospital said that she has closely witnessed the trauma the transgenders face. “Transgenders are also a part of our community. Our constitution has given them rights. So, they should be equally treated as other genders. They have the right to get proper treatment. Due to the absence of special wards, they suffer a lot and are confused about where to go for treatment. In separate wards, they can be treated well. Mental health counselling is also available at the ward,” Dr Sapale said.

    “We have distributed the guidance booklet to all the transgender people who have attended the inauguration programme. We have given training for doctors, nurses and other staff on how to handle and treat them giving proper care. We have also given two ventilators, monitors, and a semi ICUs room for this ward,” she added. 

    Dr Sapale added that counselling and rehabilitation will also be provided if needed. 

    “In the state government-run medical hospitals, there were only two categories mentioned in the case papers-male and female. Now, the third category has also been included. So, we will have separate records of this community. We are sure that we will offer the best treatment to our transgender siblings,” Dr Sapale concluded.

    MUMBAI: Maharashtra government-affiliated Gokuldas Tejpal (GT) hospital will be the first hospital to start a dedicated and separate OPD for the transgender community patients for their mental and physical treatment in Mumbai. 

    Maharashtra Medical Education Minister Girish Mahajan inaugurated the transgender ward at GT hospital on Friday. He announced that the 30-bed special and dedicated ward for transgender patients started on Friday.

    The minister said, “Transgender people as a community have suffered a lot of discrimination and inequality in society even as the Transgender Persons (Protection of Rights) Act, 2019 gives equal rights to the community and any discrimination against them is punishable under law.

    “Now, transgenders can not only avail treatment for their physical illness but also for their mental well-being. We have already conducted training sessions for our employees to learn about the problems faced by the community and also how to deal with them. They should also have general healthcare-accessible benefits,” he said.

    “GT hospital is the first hospital to provide them special wards. After receiving the response and feedback, we would also start similar wards in other hospitals as well,” the minister added.

    Dr Pallavi Sapale, Dean of Sir JJ hospital said that she has closely witnessed the trauma the transgenders face. “Transgenders are also a part of our community. Our constitution has given them rights. So, they should be equally treated as other genders. They have the right to get proper treatment. Due to the absence of special wards, they suffer a lot and are confused about where to go for treatment. In separate wards, they can be treated well. Mental health counselling is also available at the ward,” Dr Sapale said.

    “We have distributed the guidance booklet to all the transgender people who have attended the inauguration programme. We have given training for doctors, nurses and other staff on how to handle and treat them giving proper care. We have also given two ventilators, monitors, and a semi ICUs room for this ward,” she added. 

    Dr Sapale added that counselling and rehabilitation will also be provided if needed. 

    “In the state government-run medical hospitals, there were only two categories mentioned in the case papers-male and female. Now, the third category has also been included. So, we will have separate records of this community. We are sure that we will offer the best treatment to our transgender siblings,” Dr Sapale concluded.

  • Bombay HC slams Maharashtra on posts for transgenders, says state govt in ‘deep slumber’

    By PTI

    MUMBAI: The Bombay High Court on Thursday rapped the Maharashtra government for being in “deep slumber” and “lagging behind” on the issue of making provision to create posts for transgenders under the home department.

    A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja warned of halting the entire recruitment process if the government does not relent and at least keep two posts vacant for the two transgenders who had approached the Maharashtra Administrative Tribunal.

    The court was hearing a petition filed by the Maharashtra government against the tribunal’s order directing it to create a provision for transgenders in the application form for posts under the home department.

    The state government, in its petition, had claimed it was “extremely difficult” to implement the tribunal’s direction as no policy regarding special provisions for the recruitment of transgenders had been formed as yet.

    The bench noted the Supreme Court, in 2014, directed all state governments to frame a policy to include transgenders in all public posts.

    “For seven years, this government is in deep slumber. You (government) don’t perform your functions and aggrieved people have to then come to courts. When courts pass orders then we are accused of overreaching. The MAT has done the right thing,” Chief Justice Datta said.

    The bench was informed by advocate Kranti L C that 11 state governments have already made provisions pursuant to the SC order.

    “Why should Maharashtra lag behind? We want Maharashtra to also do it,” CJ Datta said.

    “Think of progressing the society we are in. We feel if someone is lagging behind, why shouldn’t we come to their rescue. God has not been kind to everybody. We need to be kind,” CJ Datta said.

    The bench then said the government cannot have it both ways.

    “You (government) won’t frame the rules and you won’t include them (transgenders). Then halt the entire recruitment process. We will stay the process and then you will be forced to frame rules,” the court said.

    Advocate General Ashutosh Kumbhakoni told the court the government was not against transgenders but was facing practical and legal difficulties.

    The bench directed Kumbhakoni to take instructions from the government on whether it was willing to keep two posts vacant for the transgenders who approached MAT and then frame rules for future recruitments. It then posted the matter for hearing on Friday.

    The MAT, on November 14, directed the state government to create a third option for transgenders, after the two options of male and female, in the application form for all recruitments under the home department.

    The tribunal had also said the government should fix a criteria for physical standards and tests for transgenders.

    MUMBAI: The Bombay High Court on Thursday rapped the Maharashtra government for being in “deep slumber” and “lagging behind” on the issue of making provision to create posts for transgenders under the home department.

    A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja warned of halting the entire recruitment process if the government does not relent and at least keep two posts vacant for the two transgenders who had approached the Maharashtra Administrative Tribunal.

    The court was hearing a petition filed by the Maharashtra government against the tribunal’s order directing it to create a provision for transgenders in the application form for posts under the home department.

    The state government, in its petition, had claimed it was “extremely difficult” to implement the tribunal’s direction as no policy regarding special provisions for the recruitment of transgenders had been formed as yet.

    The bench noted the Supreme Court, in 2014, directed all state governments to frame a policy to include transgenders in all public posts.

    “For seven years, this government is in deep slumber. You (government) don’t perform your functions and aggrieved people have to then come to courts. When courts pass orders then we are accused of overreaching. The MAT has done the right thing,” Chief Justice Datta said.

    The bench was informed by advocate Kranti L C that 11 state governments have already made provisions pursuant to the SC order.

    “Why should Maharashtra lag behind? We want Maharashtra to also do it,” CJ Datta said.

    “Think of progressing the society we are in. We feel if someone is lagging behind, why shouldn’t we come to their rescue. God has not been kind to everybody. We need to be kind,” CJ Datta said.

    The bench then said the government cannot have it both ways.

    “You (government) won’t frame the rules and you won’t include them (transgenders). Then halt the entire recruitment process. We will stay the process and then you will be forced to frame rules,” the court said.

    Advocate General Ashutosh Kumbhakoni told the court the government was not against transgenders but was facing practical and legal difficulties.

    The bench directed Kumbhakoni to take instructions from the government on whether it was willing to keep two posts vacant for the transgenders who approached MAT and then frame rules for future recruitments. It then posted the matter for hearing on Friday.

    The MAT, on November 14, directed the state government to create a third option for transgenders, after the two options of male and female, in the application form for all recruitments under the home department.

    The tribunal had also said the government should fix a criteria for physical standards and tests for transgenders.

  • SC seeks Centre’s reply on PIL seeking harsh punishment for offences against transgenders

    By PTI

    NEW DELHI: The Supreme Court Friday sought the Centre’s response on a PIL challenging the Constitutional validity of a provision of law dealing with transgender people and seeking a direction to provide severe punishment for offences against them.

    “Issue notice (to the ministry of social justice and empowerment) and tag along with the other (pending) petition,” said a bench comprising Justices L Nageswara Rao and B R Gavai after hearing brief submissions from the lawyer for the petitioner.

    The apex court was hearing the PIL filed by Chandigarh-based activist Kajal Mangal Mukhi.

    The PIL referred to section 18 of the Transgender Persons (Protection of Rights) Act, 2019 and said that it provided lesser punishment for offences against transgender people.

    “Whoever,” (a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government; (b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use; (c) forces or causes a transgender person to leave household, village or other place of residence; and (d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine,” reads the provision.

    The plea has sought classification of offences against transgender persons and setting of penalties in accordance with the provisions of the Indian Penal Code, the Bonded Labour (System Abolition) Act and The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

    The provision on punishment for serious offences against transgender people is substantially less severe than for the same crimes committed against others as defined in the IPC.

  • MP: 24-year-old transgender held for dancing in campus of religious place, posting clip

    By PTI
    BHOPAL: A 24-year-old transgender was arrested for hurting religious sentiments after he allegedly danced in a mosque’s campus here in Madhya Pradesh and uploaded the video on social media, police said on Sunday.

    “Nanu Vishwas Kinnar was arrested on Saturday evening and charged with hurting religious feelings with deliberate and malicious intention under section 295 A of the Indian Penal Code,” Talaiya Inspector DP Singh told reporters.

    He said authorities of the Moti Masjid had lodged a complaint stating that the act of the transgender had hurt their religious feelings.

    “The Kinnar danced in the campus of the Moti Masjid and uploaded the video on social media which went viral according to the complaint,” he said.

    Kinnar was granted bail hours after his arrest from the police station as the criminal section invoked against him invites less than seven years’ imprisonment if convicted by a court of law, police said.

    The Kinnar has more than one lakh followers on social media platforms, according to a police official.

  • Govt to consider suggestion on giving separate facility to transgenders in prisons

    By PTI
    NEW DELHI: The government informed Parliament on Wednesday it will consider a Rajya Sabha member’s suggestion to provide separate facility to transgenders in prisons.

    “As of now, Indian Penal Code (IPC) is applicable uniformly on every citizen. We will consider the member’s suggestion to have a special focus on transgenders,” Minister of State for Social Justice and Empowerment Rattan Lal Kataria said during Question Hour in the Upper House.

    The minister was responding to a query raised by BJP member Rakesh Sinha on the subject.

    In response to a query by BJD leader Amar Patnaik on amending the IPC to bring transgenders under its ambit, the minister said, “No such changes have been made as of now.”

    However, the government has taken measures to ensure livelihood to them and protect their rights.

    Padmashree awards have also been given to transgenders and many other measures are being taken to rehabilitate them, he said.

    Patnaik, while asking a supplementary question on transgenders, stressed that the government had passed the Transgender Persons (Protection of Rights) Act in 2019 but then the Upper House had expressed concern that it was not aligned with the IPC.

    “Rape laws were not in alignment. IPC required inclusion of transgenders under section 376. When would the government or is the government thinking of bringing changes in the IPC to include transgenders in its ambit,” he asked.

    Responding to a query on steps taken to improve the economic situation of elderly citizens, Minister of State for Social Justice and Empowerment Ramdas Athawale said the government has decided to ensure employment for retired and elderly people.

    “Our ministry is making efforts in this direction,” he added.

    On plans to promote construction of more old-age homes, the minister said there is already a scheme for that.

    There are 613 old-age homes across the country, providing facilities to more than 30,000 people.

    Responding to a query on plans to extend Poshan Abhiyan to more elderly people, the minister said about 55,000 senior citizens will be covered in 2,000 gram panchayats and 200 urban municipalities in the current fiscal.

    And the numbers would rise for the coming years, he added.Athawale also said no study has been conducted to ascertain the number of senior citizens deprived of nutritious food.

     “Such study is not there. As per the 2011 census, there are about 10.83 crore elderly population. Tentatively, the figure could reach to 14 crore in 2021,” he added.

  • Supreme Court agrees to hear plea seeking reservation for transgenders

    By PTI
    NEW DELHI’: The Supreme Court Friday agreed to hear a plea seeking direction to treat transgender as “socially and educationally backward classes of citizens” and extend reservation in admission in educational institutions and public appointments.

    A bench comprising Chief Justice S A Bobde and Justice A S Bopanna asked the petitioner to implead transgender associations in the matter within two weeks.

    The top court was hearing a plea filed by advocate Reepak Kansal and others seeking equal employment opportunity to transgenders and ensure non-discrimination.

    It has challenged a notification for filling up 2,000 vacancies on the post of Intelligence Bureau-Assistant Central Intelligence Officer (IB ACIO) Grade II/ Executive.

    The plea said the notification invites applications from Indian nationals male and female only, which, it said, is violative of fundamental rights as well as human rights of transgender.

    The plea said that the impugned notification is also in clear violation of Section 3 and Section 9 of the Transgender Persons (Protection of Rights) Act, 2019 and the apex court judgment.

    The plea also sought direction to the government to give the transgender or third-gender an equal opportunity for participating in the examination.

    It also sought direction to treat transgender “as socially and educationally backward classes of citizens” and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.