5 years after enactment of law, only 11 states/UTs have set up transgender protection cells

NEW DELHI: When the law to protect the rights of transgender persons was enacted in 2019 and the rules notified in 2020, it was seen as a critical step towards stepping up deterrence against discrimination. Five years on, merely 11 states and UTs have set up Transgender Protection Cells — seen as a crucial legal mechanism to monitor cases and ensure timely registration, investigation and prosecution in offences involving the community.

As of now the only official govt data available for transgender persons is Census 2011 that puts the number of those who identified as “other” at over 4.87 lakh. The Transgender Persons (Protection of Rights) Rules 2020 says very clearly that every state has to set-up TG protection cells.

The latest data shared by states with the Union ministry of social justice and empowerment (MoSJE) shows that the TG Protection Cells have been set up only in Punjab, Chandigarh, Uttar Pradesh, Rajasthan, Chhattisgarh, West Bengal, Arunachal Pradesh, Sikkim, Mizoram, Andhra Pradesh and Andaman & Nicobar Islands.

According to sources, the MoSJE has been reaching out to states to set up these cells and even sent out guidelines on Transgender Protection Cell including composition, function and budget to director general of police of all states and UTs in a letter dated May 14, 2024.

Section 18 of the 2019 law stipulates a punishment of not less than six months and imprisonment which may extend to two years and with a fine for offences like forcing or causing a transgender person to leave household and causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.

As per the law, the TG cells at the state level are to be set-up under the charge of the DGP and at the district level under the district collector. The ministry of social justice had asked states to submit proposal of setting up state level TG cells at the earliest. However, most states are yet to respond with updates, sources said.

The guidelines lay down that the state level TG cell is supposed to ensure that grievances are redressed within 15 days of complaint; coordinate linkages with state legal services authority and ensure strict implementation of non-discriminatory rescue and penal provisions of the law.

The state level cell was conceived under the law as a crucial link between the district level cells and the Centre as it is supposed to submit reports of all districts to the ministry on a quarterly basis through the National Portal for Transgender Persons.

Courtesy : TOI

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