National Council for Transgender Persons

What is the National Council for Transgender Persons?

• The National Council for Transgender Persons (NCTP) is a statutory body constituted under the Transgender Persons (Protection of Rights) Act 2019 to safeguard the rights of transgender persons in India.

• The NCTP is responsible for monitoring and evaluating the implementation of the provisions of the Transgender Persons (Protection of Rights) Act, 2019 and making recommendations to the government on measures to promote and protect the rights of transgender persons.
• It aims to focus on livelihood issues as well as to raise awareness about the trans community for achieving the goal of social justice so that transpersons are accepted within families and in the larger society.
• Ensure to set up of transgender welfare boards in all states and also ensure that essential needs of the transgender community, like housing, food, healthcare, and education, are met.

Official Definition of the National Council for Transgender Persons

The term as defined in legislation

In exercise of the powers conferred by section 16 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019), the Central Government has constituted a National Council for Transgender Persons vide notification dated 21st August, 2020, to review and coordinate the activities of all the departments of Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to transgender persons.

Legal Provision Relating to the Term

Evolution of National Council for Transgender Persons

The government set up an expert committee in 2013 for studying the problems of transgenders and recommending solutions. In the NALSA v. Union of India case (2014), the Supreme Court of India declared transgender people to be a 'third gender'. The Supreme Court also upheld that the fundamental rights granted under the Constitution of India will be equally applicable to transgender people and gave them the right to self-identification of their gender as male, female, or third-gender.

A private member Bill, the Rights of Transgender Persons Bill, was introduced in the Rajya Sabha in 2014 for the range of entitlements in health, education, skill development, employment opportunities, and protection from abuse and torture. However, this Bill got lapsed. The Government introduced the public bill in the Lok Sabha in 2016, and it was referred to a Standing Committee. Finally, the Parliament passed the Transgender Persons (Protection of Rights) Bill, 2019. Later in 2020, the Government established the National Council for Transgender Persons under the Transgender Persons (Protection of Rights) Act, 2019.

Composition

The National Council for Transgender Persons consists of a chairperson who will be the Union Minister of the Ministry of Social Justice and Empowerment.

It will also consists of:

• Representatives from five states or Union Territories (one each from the north, south, east, west and northeast regions), on a rotational basis.
• Five members of the trangender community (one each from the north, south, east, west and northeast regions). The tenure of the community members shall be three years.

• Representatives from 10 central departments.

1. The council will have joint secretary-level members from the Ministries of Health, Home, Minority Affairs, Education, Rural Development, Labour and Law.
2. In addition, there will be a member from the Department of Pensions (Ministry of Personnel, Public Grievances & Pensions), NITI Aayog, National Human Rights Commission and National Commission for Women.

Functions

• Monitoring and evaluating the impact of policies and programmes designed for achieving equality and full participation of transgender persons.
• Advising the Central government on the formulation of policies, programmes, legislation and projects with respect to transgender persons.
• Redressing grievances of transgender persons.
• Reviewing and coordinating the activities of all the departments.
• Performing such other functions as prescribed by the Centre.
• The council also has the power to inquire into complaints regarding violations of the rights of transgender persons and take appropriate action.

Limitations

• Certificate of identification: The NCTP has no power regarding the procedure of issuance of a certificate of identification.
• Reservation: The Transgender Persons (Protection of Rights) Act, 2019 does not provide reservations to transgender persons. NCTP can only advise the government to grant the reservation to the transgender community.
• Lack of representation: The NCTP is not representative of the diverse transgender community in India. The council primarily comprises government officials, and only five transgender people are part of the council.
• Limited powers: The NCTP has limited powers to implement policies and programs for the welfare of transgender people. It can only make recommendations to the government, which may or may not be implemented.
• Social stigma: Despite the legal recognition of transgender people in India, social stigma and discrimination against them remain prevalent. This can limit the effectiveness of the NCTP in empowering transgender people.

Government Reports

Parliamentary Debates

The Following suggestions were forwarded in the Rajya Sabha debates regarding the Council:

• The need for State and District level Councils for Transgender Persons, apart from National Councils.

• Including only five representatives of the transgender community as members of the National Council of Transgender Persons (‘the National Council’) was disproportionately low and that their participation should be enhanced.

• Some of them pointed out that those included as ex-officio members of the National Council for Transgender Persons are already overburdened by their own official duties and this alongside the absence of provisions to mandate a minimum number of meetings per year, procedure to be followed etc. risks the working of the body as a mere formality.

• That the National Council for Transgender Persons should have the powers of a civil court.

• Also, the implementation of the Bill is to be controlled by the National Council, a provision mandating periodic meetings of the National Council should be inserted, or in the alternative an equivalent provision should be made in rules.

Way Forward

Apart from policies and regulations, there is also a need for an inclusive approach, sensitizing legal and law enforcement systems in particular towards the issues of transgender community.

The establishment of the National Council for Transgender Persons which seeks to increase awareness and inculcate a sense of respect and acceptance for transgender community, is a welcome step. However, it's up to the effective functioning of the council whether it will be able to identify the issues faced by the transgender community and accordingly advise the government.