Transgender, a New Kid on Block- Experts Bat for Social and Legal Inclusion of Transgender People in India

: Category: Latest; Published: 23 May 2023

Kuldeep Chauhan/HimbuMail Service

The participants at conference on transgender at HP law varsity in Shimla

SHIMLA- Transgender is a new kid on academic and legal block. Himachal Pradesh National Law University, in collaboration with Satluj Jal Vidyut Nigam (SJVN), organized a One Day National Conference on the Rights of Transgender People.

The conference aimed to explore the challenges faced by transgender individuals, especially in light of the decriminalization of Section 377 of the Indian Penal Code by the Supreme Court of India.

It addressed issues such as social exclusion, subjugation, and discrimination faced by transgender people, as well as the importance of creating an inclusive environment for them.

The conference was held in a hybrid mode, with participants presenting their papers both online and offline. Honorable Justice C.B. Barowalia, the Lokayukta of Himachal Pradesh, was the chief guest and discussed the inclusion of transgender individuals in terms of familial relationships.

Prof. (Dr.) Nishtha Jaswal, the Vice Chancellor of HPNLU, delivered the inaugural address, emphasizing the social and legal inclusion of transgender persons based on international instruments and constitutional provisions.

The keynote address was given by Ms. Joyita Mondal, a Judge at Lok Adalat, West Bengal.

She highlighted the need for a change in societal perspectives towards transgender individuals and emphasized the importance of implementing the Transgender Persons (Protection of Rights) Act, 2019.

A plenary session was held in the afternoon, featuring discussions on transgender rights by experts in various fields.

The session included Prof. (Dr.) Devi Sirohi, Prof. (Dr.) Deepti Gupta, Prof. (Dr.) Rajesh Gill, Dr. Brindpreet Kaur, Dr. Upneet Lalli, Prof. (Dr.) Bhupinder Singh Brar, and Dr. Anupama Goel.

The valedictory address was given by Ms. Simran Shaikh Bharocha, Director (Transgender Health) at Johns Hopkins University, School of Medicine. She spoke about the humanitarian aspects of transgender rights and emphasized that one's gender is a personal identity, not defined by others.

Over sixty participants submitted and presented papers on various aspects of transgender rights during the conference.

The event was organized by Dr. Ruchi Raj Thakur, and the vote of thanks was delivered by Prof. (Dr.) S.S. Jaswal, Registrar of Himachal Pradesh National Law University.

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Sword of Uncertainty Over Six CPSs’ Fate Temporarily Lifted: Relief for Sukhu Government

In a major relief to the Himachal Pradesh government, the Supreme Court has stayed the High Court’s directive to initiate disqualification proceedings against six MLAs who were appointed as Chief Parliamentary Secretaries (CPSs).

This decision, welcomed by Chief Minister Thakur Sukhvinder Singh Sukhu, has brought a temporary reprieve to his administration, which was grappling with the political and legal ramifications of the High Court’s order.

The Himachal Pradesh High Court had earlier quashed the appointments of the six CPSs, deeming them unconstitutional, and directed the Assembly Speaker to initiate disqualification proceedings under the anti-defection law.

However, the Supreme Court’s stay has effectively paused the implementation of this directive, offering the government some breathing space to strategize its next legal move.

CM Sukhu Hails Supreme Court’s Clarity

Speaking to media persons in New Delhi, CM Sukhu expressed his satisfaction with the Supreme Court’s interpretation, which he said provided much-needed clarity on the matter.

"The relief granted by the Supreme Court is significant, and we will deliberate on the next steps after considering all legal aspects,” he said.

The Chief Minister also emphasized that the apex court’s interpretation differed from paragraph 50 of the High Court’s verdict, which had been the basis of the controversial directive.

Opposition’s “Childish” Behavior Criticized

Shifting his focus to the opposition, Sukhu took a sharp jab at their tactics, describing their behavior as “childish” and lacking focus on real issues.

“There are no controversies here, but their behavior is simply immature. From toilet tax to ‘Samosa Politics,’ they are just distracting from the real issues,” he said.

Sukhu accused the opposition BJP of attempting to create diversions because of its failure to make a dent in the Congress’s strength during the Vidhan Sabha elections.

“Their ‘Operation Lotus’ was decisively rejected by the people, and Congress retained its 40-seat strength. Now, they resort to personal attacks to divert attention from our welfare schemes,” he added.

Relief Amid Mounting Challenges

The Supreme Court’s stay on the High Court’s order has momentarily eased the pressure on the Sukhu government, but the sword of uncertainty continues to hang over the six MLAs who served as CPSs.

With questions around their appointments still unresolved, the case remains a legal minefield.

The CPS appointments had drawn criticism for allegedly violating constitutional provisions, which prohibit the creation of such posts without legislative backing.

The High Court’s scathing remarks and the directive for disqualification had added fuel to the controversy, creating a storm in the state’s political landscape.

While the Supreme Court’s intervention provides temporary relief, the Sukhu government must now prepare for a protracted legal battle to defend the appointments and protect its legislative majority.

Opposition’s Counterattacks

The BJP, meanwhile, has been quick to pounce on the issue, accusing the government of flouting constitutional norms for political convenience. Party leaders have argued that the CPS appointments were a backdoor way to reward loyalists, a claim that Sukhu has staunchly denied.

The opposition’s attacks, combined with the ongoing legal scrutiny, highlight the precarious nature of the government’s position. For now, the Supreme Court’s decision is a welcome pause, but the final word on the matter could still have far-reaching consequences for the political stability of Himachal Pradesh.

Sukhu’s Call for Responsibility

Amid the controversy, Sukhu reiterated his commitment to governance and welfare. He called on the opposition to act responsibly and raise issues that matter to the common man.

“Significant progress has been made in improving the socio-economic status of the underprivileged during this tenure, and that remains our priority,” he stated.

With the legal wrangling far from over, the fate of the six CPSs—and the stability of the Sukhu government—remains inextricably tied to the unfolding courtroom drama.

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Transgender, a New Kid on Block- Experts Bat for Social and Legal Inclusion of Transgender People in India

It addressed issues such as social exclusion, subjugation, and discrimination faced by transgender people, as well as the importance of creating an inclusive environment for them.

Prof. (Dr.) Nishtha Jaswal, the Vice Chancellor of HPNLU, delivered the inaugural address, emphasizing the social and legal inclusion of transgender persons based on international instruments and constitutional provisions.

She highlighted the need for a change in societal perspectives towards transgender individuals and emphasized the importance of implementing the Transgender Persons (Protection of Rights) Act, 2019.

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