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Analysis of constitutional (Amendment) bill, 2020


Authored By : Ankita Roy


Abstract:

The Constitutional (Amendment) Bill, 2020 was passed by the Upper House. The said bill is a boon for the transgenders community as amongst all the discrimination now they can have a representation in the Parliament as well as the State Assemblies. This article is an analysis of the said bill and discusses the objectives and impacts of the bill on the transgender community.


Keywords:

Transgender; Amendment; Discrimination;


Introduction:

Transgender community has been the victim of discrimination in our society not on the grounds of religion but biological factor. Right from birth they are treated as outcasts and considered as ‘contamination’ or ‘filth’. They beg for their living on the streets. Even today they can rarely be seen employed in any of the sectors. The atrocities faced by the transgenders made the Government take a step towards their protection. The Government then in 2019 enacted the Transgender Persons (Protection of Rights) Act, 2019 for the protection of the transgenders. The Act recognized the transgenders as ‘third gender’ so as to protect them from filthy discrimination. Accepting the transgender community as an important part in our society Government is focused and is pondering over the welfare of the community.


Need of the Enactment:

The act is a welcomed one, protecting the community from discrimination the community lacks their voicing in the society. Though the Government has enacted the Transgender Persons (Protection of Rights) Act, 2019 for the protection of the rights of the community yet the community is not heard in the society due to lack of representation.

As per the Census of 2011, the population of the transgenders in India is about 6 lakhs, thus, making the need of representation of the transgenders more significant not only in the society but also in the Parliament. The major cause being that this representation can bring voicing of the opinions of the community before the Government and the people of the society.

In the case of National Legal Services Authority v. Union of India and others, the Apex court recognized the community to be from the socially and economically backward class. In parliament even the scheduled castes, scheduled tribes and minorities have the representation. Thus, making the need of representation in the Parliament more significant.


Objective:

The main objective of this act is not only the protection of the transgenders but also their involvement in the policies framed for their welfare and to be the part of the decisions made for the country. Also, there is demand from the transgender community to be represented in the public sphere, thus, the call for representation of transgenders in the parliament and allotment of two seats is the part of fulfilling of their demand. This bill aims the substitution of Articles 331 and 333 in the Indian Constitution, thus, providing them the representation in the Parliament as well as in the State Assembly.


Impact:

This act has a great impact on the Indian society and the transgender community. The major impacts of this act:

i) This act has given a voice to the transgender community in the Parliament and state assembly which is an important step in their demand to have a position in public sphere.

ii) The provisions assuring the reservation of Anglo-Indians has been extracted and has been substituted with the provisions assuring the reservation of seats for transgenders in the parliament and the state assembly.

iii) This act has a monetary impact. On the amendment of article 331 and 333, under the article 106 and article 195 the members of either Houses of Parliament or members of state assemblies are entitled to salaries and allowances. Thus, the bill involves expenditure from the Consolidated Fund of India. However, no non-recurring expenditure is expected to be involved.


Analysis:

On the analysis of this act the facts that we came through are the impacts of this act and as to how this act is significant for the transgender community. The amendments that are to be made in article 331 and 333 under this act extracts the reservation of the Anglo-Indian in Parliament and State Assembly respectively. This act also has an impact on the Consolidated Fund of India as this act strains it with the recurring expenditure, however, involves no non-recurring expenditure.

The analysis of the act highlighted the significance of this enactment for the transgender community. This community has been through a time where they had faced discrimination and exploitation in the society but this act has not only given them the representation in the society rather it has provided them with an opportunity to keep their opinions and demands before the Government and to be a part in the decisions made for the country. Thus, this act has brought protection, representation and opportunity for the transgenders.


Conclusion:

The conclusion that can be drawn out from the analysis done of the Constitution (Amendment) Bill, 2020 is that the Government has taken an important initiative not only to protect the transgenders but also to give them a voice in the public sphere so as to depict their existence and bring in different opinions in the policy making for their welfare and the welfare of the society. Thus, it can be said that this is just the beginning of a new India.


Reference:

[1] THE CONSTITUTION (AMENDMENT) BILL, 2020, http://164.100.47.4/BillsTexts/RSBillTexts/asintroduced/331-E-13320.pdf;


Footnote : [1] (2014) 5 SCC 438;