LGBTQIA+ community members protest against Transgender Act, term it regressive and demand withdrawal

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Pune: Members of the LGBTQIA+ community on Tuesday staged a protest march at the district collector's office against the Transgender Persons (Protection of Rights) Amendment Act, which recently came into force after the Bill was passed by both Houses of Parliament and receiving Presidential assent on Monday.The protest coincided with International Transgender Visibility Day, observed globally on March 31. Activists and community members from across the city and state gathered with placards, alleging that the Act was passed sans consultation with stakeholders or members of the transgender community.Protesters raised strong objections to several provisions, claiming they violate privacy and roll back hard-earned rights.

Disha Shaikh, a transwoman and spokesperson of the Vanchit Bahujan Aghadi (VBA), said, "Whatever we achieved through years of struggle has been lost with this Act. It feels like we have been pushed back 30 years." She termed certain provisions "regressive" and alleged that the law criminalises aspects of identity in a manner reminiscent of colonial-era policies.Under the new Act, the provision for self-identification has been removed, making medical board approval mandatory before issuance of a gender identity certificate by the district magistrate.

It also criminalises attempts to forcibly convert individuals into the transgender community.Manasvi Goilkar, a member of the community, said protests will be intensified across Maharashtra. "We have formed a state-level group to organise district-wise protests and submit our objections to authorities," she said, adding that to fight their battle on legal front, a petition is also being prepared which will soon be filed in the court.

"We are not seeking amendments — we want the Act withdrawn entirely."Goilkar said that the Act completely ignores some categories of the transgender community. For instance, transmen and transwomen are not mentioned in the new Act, and the focus is mostly shifted to sociocultural groups like hijra, kinner and others.Shaikh alleged that safeguards recognised under the 2014 NALSA vs Union of India landmark SC judgment have been diluted.

She questioned the alleged partiality against the transgender community by govt. "When schemes like Ladki Bahin or Mahila Samman Yojana were introduced, women were not asked to undergo medical tests. Why is the transgender community being subjected to this?" she asked, stating that self-declaration of gender should be allowed for them.Activists also expressed concern over the provision criminalising forced conversion, stating it could be misused.

They fear it may lead to false allegations, including claims of child abduction — a narrative they say has surfaced in rural areas in the past.Dr Kanchan Pawar, a healthcare professional, who has been working with the transgender community for over 15 years, said the new Act raises several concerns. "The law appears discriminatory in many ways, particularly due to its narrow definitions and the lack of clarity on the process for certification," she said.She also expressed concern over provisions requiring medical practitioners to report gender-affirming procedures. "This raises serious issues around doctor-patient confidentiality and privacy. Many in the medical fraternity are uncertain and anxious about the medico-legal implications of these amendments," she added.

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