Today’s Important Articles for Geography (31-07-2021)

  1. Meeting the challenge of new climate normal READ MORE
  2. Air Pollution Patterns in the Hindu Kush Himalaya Are More Complex Than Thought READ MORE
  3. Authoritarianism Can’t Beat Climate Change READ MORE



Today’s Important Articles for Sociology (31-07-2021)

  1. Population Bill isn’t on the right track READ MORE
  2. ABC of quality: Quotas don’t solve what’s really wrong with education READ MORE



Ethics Through Current Development (31-07-2021)

  1. When a cannonball triggered a canonisation READ MORE
  2. Satisfaction & Contentment READ MORE
  3. Responding to China and Taliban READ MORE
  4. Living Apart, Living Together READ MORE



Today’s Important Articles For Pub Ad (31-07-2021)

  1. Explained: Defining the creamy layer READ MORE
  2. Law and lawmakers: On criminal acts and legislative privilege READ MORE
  3. Why an aggressive policy to control population makes no sense READ MORE
  4. New Emigration Bill a Step Forward, But Indians Need More READ MORE



WSDP Bulletin (31-07-2021)

(Newspapers, PIB and other important sources)

Prelims and Mains:

  1. BRICS Counter Terrorism Action Plan finalised READ MORE
  2. Punjab groundwater level dips 1m every year: Study READ MORE
  3. Nagaland’s Raja Mircha exported to Europe for first time READ MORE
  4. Scientists discover a new way to detect early colon cancer READ MORE
  5. Action against poaching: Odisha plans DNA profiling for leopards READ MORE
  6. Centre’s fiscal deficit stood at 18.2% of budget estimate for FY22 at end of June READ MORE
  7. Ozone levels exceeding permitted levels: study READ MORE

Main exam:  

GS Paper- 1

HISTORY

  1. Indus Waters Treaty is worth preserving READ MORE

SOCIETY

  1. Population Bill isn’t on the right track READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Explained: Defining the creamy layer READ MORE
  2. Law and lawmakers: On criminal acts and legislative privilege READ MORE
  3. Why an aggressive policy to control population makes no sense READ MORE
  4. New Emigration Bill a Step Forward, But Indians Need More READ MORE

SOCIAL JUSTICE AND SOCIAL ISSUES

  1. ABC of quality: Quotas don’t solve what’s really wrong with education READ MORE

INTERNATIONAL ISSUES

  1. India is losing out in Afghanistan READ MORE
  2. China Is Providing an Alternative Regional Framework for South Asia READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. Statistical Jugglery Should not Conceal Worsening Unemployment Scenario READ MORE
  2. Post-COVID-19 Paths to Fiscal Consolidation: Using the Snowball Effect READ MORE
  3. India’s Recovery Stumbles, Setting Stage for Sustained Low Rates READ MORE
  4. The Lost Decades: The government must reimagine the fundamentals of the economy in favour of equality. READ MORE

ENVIRONMENT AND ECOLOGY

  1. Meeting the challenge of new climate normal READ MORE
  2. Air Pollution Patterns in the Hindu Kush Himalaya Are More Complex Than Thought READ MORE
  3. Authoritarianism Can’t Beat Climate Change READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. When a cannonball triggered a canonisation READ MORE
  2. Satisfaction & Contentment READ MORE
  3. Responding to China and Taliban READ MORE
  4. Living Apart, Living Together READ MORE

Questions for MAIN exam

  1. ‘The Emigration Bill, 2021 is an opportunity to regulate and reform the recruitment process for Indians who seek employment abroad’. Examine the statement.

  2. ‘Solidarity is the only bond that provides a firm foundation for political democracy and for a just society’. Justify the statement.

QUOTATIONS AND CAPTIONS

  • Legislative privilege and parliamentary free speech are necessary elements of a lawmaker’s freedom to function.
  • When democratically elected governments cease to be held accountable by a society weakened by poor health, low morale and joblessness, demagogues are prone to blindness and ineptitude.
  • Section 124-A needs to be wholly judicially repealed at the bar of the fundamental human right to free speech.
  • Authority does not come from the loudest voice, but the wisest.
  • The government must reimagine the fundamentals of the economy in favour of equality.
  • If indeed there does exist a pathway out of global climate governance gridlock, the answer does not lie at the feet of authoritarian monoliths.
  • The Emigration Bill, 2021, likely to be introduced in Parliament soon, is an opportunity to regulate and reform the recruitment process for Indians who seek employment abroad.
  • India’s leaders need to learn from Mandela, for whom a democratic political community was not only a matter of establishing a legal relationship between the state and the people but about establishing a relationship based on fellow feeling and empathy between people.
  • India should seek a stable Afghanistan that is not hostile to it and let Afghans decide the nature of their polity. That would be the path of wisdom as China is seeking to integrate the countries to India’s west in an integrated framework. Pakistan is now almost China’s client-State.
  • If democracy is the self-government of social equals who freely choose their representatives, then large-scale social suffering renders the democratic principle utterly utopian.

50-WORD TALK

  • We need to boost research in climate science to gain further insights. At the same time, action to save lives and property needs to be taken now. This is better done by fine-tuning weather forecasting and dovetailing forecast with administrative and community action on the ground. We need to review all relevant policies and take corrective action.
  • Kerala complaining about a campaign against the state’s Covid management rings hollow. It’s accounting for about half of India’s daily cases and can’t just blame that on successfully preventing infections earlier. Vaccinations should be prioritised for those susceptible and Kerala should work closely with the Union government to ensure supplies.
  • The travel advisory issued by the Assam government against Mizoram amid border tensions is regressive, unwarranted and imprudent. Political dialogue is the way forward to resolve this long-running conflict, not resorting to measures that will aggravate it further. The central government should immediately intervene and order this national embarrassment withdrawn.

Things to Remember:

  • For prelims related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do a map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers etc. same applies for the national places.)
  • For economy related news (banking, agriculture etc.) you should focus on terms and how these are related with various economic aspects, for examples if inflation has been mentioned, try to relate with prevailing prices rises, shortage of essential supplies, banking rates etc.
  • For main exam related topics, you should focus on the various dimensions of the given topic, the most important topics which occurs frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment in your writing.



Right to Protest- Need for Upholding Democracy

If all mankind minus one were of one opinion, mankind would be no more justified, in silencing that one person than he, if he had the power, would be justified in silencing mankind. - JOHN STUART MILL

THE CONTEXT: India is witnessing unprecedented level of farmers’ protests across its territory demanding the government to repeal the three farm laws. Without going into the detail of these farm laws, let us try to understand the right to protest of citizens in India.

PROTEST- A FUNDAMENTAL RIGHT

When a group, community or even a person goes up to protest, it is usually to showcase their disapproval or demur against any action, policy, statement, etc of state or government or any organisation. Protests generally work in two ways, first, it helps a particular community or group or person to show their disagreement with the policy in question and second, it helps the government to identify the loopholes in their policy or action and work towards its betterment. Tracing the history of protests back to the pre-independence period:

  • Protests in India has a long and eminent history. Until 72 years ago, India was a colony ruled by Britishers.
  • In the post-independence era, its people became free citizens because of a long series of protests done by our freedom fighters.
  • Mohandas Karamchand Gandhi aka Mahatma Gandhi, who is also known as the father of the Indian nation taught the Indians citizens, the power of peaceful protest.
  • So, be it the Swadeshi Movement of 1905 or Satyagraha in 1930 these movements have shaped the history of the nation that was the peaceful protest against the colonial rule.
  • Indians fought hard every battle to publicly express their views on colonial policies and to show dissent towards British colonization and to speak to and against the government.

While exercising or enjoying the right to peaceful protest, one must adhere to their duties or responsibilities in a democratic country.

CONSTITUTIONAL PROVISIONS THAT GIVE RIGHT TO PROTEST

ARTICLEHOW IT GUARANTEES RIGHT TO PROTESTLIMITATIONS IMPOSED ON RIGHT TO PROTEST
Article 19(1)(a)It guarantees the right to freedom of speech and expression. Thus, citizens have the right ot speak and thus be heard. So, citizens can accumulate at a place and speak their mind.The state can make any law imposing reasonable limitation on this fundamental right in the interest of -
1. Sovereignty and integrity of India,
2. The security of the State,
3. Friendly relations with foreign States,
4. Public order, decency or morality or
5. Contempt of court,
6. Defamation or
7. Incitement to an offence
Article 19(1)(b)Right of citizens to assembly peaceably and without arms. It ensures that everyone has the right to accumulate as right to freedom of expression requires an audience for expressing this rightThe state can make any law imposing reasonable limitation on this fundamental right in the interest of -
1. Sovereignty and integrity of India
2. Public order

SUPREME COURT VERDICTS ON PROTEST

Ramlila Maidan Incident v. Home Secretary, Union Of India & Otrs 2012Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action
Maneka Gandhi vs. Union of IndiaIf democracy means government of the people by the people, it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his rights of making a choice, free & general discussion of public matters is absolutely essential.
Interlocutors to Shaheen Bagh CAA protests 2020People have right to protest but it should not affect the right of other citizens.

The ShaheenBagh protests has led the Supreme Court intervention which has appointed interlocutors to mediate, without declaring the protest as unlawful. The judges, promptly and rightly so, spoke about the people’s fundamental right to protest even when the legal validity of the controversial legislation in question, namely Citizenship Amendments Act (CAA), remained disputed before the Supreme Court in separate proceedings.

ARE PROTESTS ALLOWED ON PUBLIC ROADS? IF YES, HOW AND WHEN THEY CAN BE ALLOWED? HOW ARE THE COURTS TO ACT WHEN THESE ISSUES COME UP?

A series of judgments starting from the Privy Council’s decisions may come handy to clarify all this.

THE PAST JUDGEMENTS ON PROTEST ON PUBLIC ROADS

IN 1950, THE PRIVY COUNCIL HELD IN MANZUR HASAN VS MUHAMMED ZAMANIn India, there is a right to conduct a religious procession with its appropriate observances through a public street so that it does not interfere with the ordinary use of the street by the public, and subject to lawful directions by the magistrates.
SAGHIR AHMMAD VS STATE OF U.P., 1955The Court defined the characteristics of a public roads when it stated as: “The true position then is, that all public streets and roads vest in the State, but that the State holds them as trustees on behalf of the public. The members of the public are entitled as beneficiaries to use them as a matter of right and this right is limited only by the similar rights possessed by every other citizen to use the pathways. The State as trustees on behalf of the public is entitled to impose all such limitations on the character and extent of the user, as may be requisite for protecting the rights of the public generally.”
RAILWAY BOARD VS NARINJAN SINGH (1969)Held that there is no fundamental right for anyone to hold meetings in government premises. It was observed: "The fact that the citizens of this country have freedom of speech, freedom to assemble peaceably and freedom to form associations or unions does not mean that they can exercise those freedoms in whatever place they please."
IN 1972 WHEN A CONSTITUTION BENCH, IN HIMAT LAL K SHAH VS COMMISSIONER OF POLICEThe right that flows from Article 19 (1) is not a right to hold a meeting at any place, at any time.
IN ANITA THAKUR VS STATE OF J&K, 2016Right to protest is a fundamental right but these rights are subject to reasonable restrictions in the interest of the sovereignty and integrity of India, as well as public order. “It is for this reason, the State authorities many a times designate particular areas and routes, dedicating them for the purpose of holding public meetings,” said the top court.
MAZDOOR KISAN SHAKTI SANGTHAN’S CASEIn all such situations, the Court has to examine as to where lies the larger public interest while balancing the two conflicting rights. It is the paramount collective interest which would ultimately prevail. To put it differently, the greater community interest or interest of the collective or social order would be the principle to recognize and accept the right of one which has to be protected.

Given the body of judgments the apex court has delivered in the last six decades, the Supreme Court bench hearing the ShaheenBagh protests case might have taken a cue and decided the questions of legality and legitimacy itself, for all the judges involved in the cases cited hereinabove decided what was before them on the basis of sound constitutional principles.

All these judgments laid down comprehensive doctrines on people’s right to protest by relying upon the chapter on fundamental rights, judicial precedents and interpretations of laws while not waiting for a report from the ‘interlocutors’ or mediators. The judges simply acted to uphold the rule of law.

But in the ShaheenBagh protests case, the questions still loom large as to whether blocking public roads qualifies as causing public disturbances or creating a nuisance; whether the protesters could secure any permission to hold demonstrations on public roads indefinitely; whether authorities have taken any measures to maintain social and public order; whether the rights of the commuters have been infringed; whether there is a legitimacy to such protests.

Dr. B.R. Ambedkar - Grammar of Anarchy
If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgement we must do is to hold fast to constitutional methods of achieving our social and economic objectives. It means we must abandon the bloody methods of revolution. It means that we must abandon the method of civil disobedience, non-cooperation and satyagraha. When there was no way left for constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods. But where constitutional methods are open, there can be no justification for these unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us.

HOW GOVERNMENT RESTRICTS PROTEST?

Permission to ProtestAny person that seeks to protest needs to get a no-objection certificate from the police by stating the reason of protest along with all other details of the protest. Police in its discretion can deny request if it feels that it endanger public order.
Section 144 of CrPCThis 1972 law authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. It also empowers the authority to block internet access.

HOW PROTESTS ENRICH INDIAN DEMOCRACY?

Continuous Accountability of the governmentProtests against legislations or executive actions ensure that governments remain accountable to the people continuously and not once in five years. Now the government is not accountable just to legislature or judiciary but to people on a continuous basis.
Welfare stateAs suggested by Marxist scholars, state is to an extent is in control of capitalists due to the funding they provide to political parties. However, peaceful protests ensure that the state continue to function as a welfare state and don’t bend to the whims and fancies of the capitalists.
Give a sense of belonging to peopleIf people think differently, they may feel isolated, marginalised and powerless. Public demonstrations and marches empower people by showing them that there are thousands of people who think the same things.
Minority groupsThe classic theorists of representational government recognised that universal suffrage and majority voting threaten to impose the ‘tyranny of the majority’ and override the rights of minorities. Protests ensure that the rights of minorities are respected.
Bring change overtimeSometimes, the protests fail to win majority support but overtime the debate started by this protest helps bring change overtime. It might be that the next generation, unencumbered by past thinking, see that the views of the protesters were just common sense. For example : Feminism, Black rights, Rights of LGBTQ communities, farmer rights etc have started bringing change in every next generation.

PROBLEMS WITH THE CONTINUING PROTESTS

Prone to capture by vested interestsThe leaderless movements risk being captured by unsavoury elements with an ulterior agenda. The widespread use of word “Azaadi” typifies this problem.
Lack alternativeThe protests fail to provide any alternative to the CAA and NPR. The protesters should be part of the solution and thus should provide alternative to the government legislations and not limit themselves to just criticisms.
Mob mentalityThe protests suffer from mob mentality and lack knowledge of the true problems with the government action. Many join protest just for the sake of protesting and this mob mentality harm the true protesters as well as sanctify government repression.

RIGHT OF CHILDREN TO PROTEST

Supreme Court taking suo moto cognizance based on a letter has issued notice to the Centre and Delhi government on the presence of the children in protests. While the Supreme Court action is due to the death of a child in the ShaheenBagh and thus seeks to protect the health and well being of children, still it fails to look at the rights of children to protest. Indian Constitution doesn’t qualify fundamental rights of citizens based on age and thus every citizen immaterial of his or her age has the fundamental right to protest. Also, Convention on the Rights of the Children to which India is a signatory, upholds the right of children to protest.

THE BROADER ISSUES

Platform for Dialogue with governmentProtests continue over long period of times due to lack of any avenue to discuss their grievances with the government. Even platforms such as Twitter do not ensure that the minister reads the grievance of the citizen.
Role of MediaThe media of 21st century has the role of creation of dialogue between the electorate and the executive on a regular basis. Media has failed to play this role effectively.
Role of Supreme CourtSupreme Court is the guardian of fundamental rights of citizens but it has failed to uphold the right of protest of citizens. It has failed to stop improper use of sedition law, mass arrests, section 144 and derogatory remarks by the ministers against protestors.
Role of OppositionIt is the role of opposition to keep the government accountable on regular basis. The protests highlight that the people have lost trust in the opposition for keeping government accountable.

WHY IS IT ESSENTIAL FOR UPHOLDING DEMOCRACY?

It is natural that the government comes up with many policies from time to time in the interest of the citizens and overall betterment of the country. These policies are monitored by the people of the country and it is through them that the opinions on these policies could be made. Since the citizen is more like a watchdog of these policies, any mistake or shortcoming that these policies have can be addressed by them and it can be solved by peaceful demonstration.

Even during the colonial rule, various communities organized public meetings, dharnas, protests, etc that were a sign of protest as to the elimination of the British rule and demand for independent India. The state is on the other hand required to respect and address the protests because the Constitution also makes it necessary for the state to ensure the Fundamental Right to Freedom of speech and expression. However, the motive of the protest shouldn’t be inspired by interrupting the regular functioning of the state deliberately.

When the protest is inspired by such political waves, it becomes unethical and unfair in its overall substance.

WAY FORWARD

Balance between rights and dutiesWhile protesters have the right to protest but they also have the duty to respect the rights of others. Protests should not mean that the way of life of other fellow people is disturbed.
Platform for Dialogue with governmentThere needs to be a platform by which people can express their grievances to the government and get a suitable reply.
Grassroot politicsPoliticians need to develop connections with the grassroots so as to gain the trust of citizens. Also, the views of the politicians should not change based on the fact that they are in power or in opposition. Any such change should be seen as fraud and punished by people.
Supreme CourtIt needs to be apolitical and take strong action against any encroachment on citizen’s rights.
Legislations to protect dissidentsLegislations should be passed to protect the dissidents, activists and whistleblowers.

CONCLUSION: Dissent and democracy are synonymous in a liberal-democratic social order. It is through open debate and discussion that the diversity of perceptions in a democracy gets exposed. Only through continuous interactions on critical issues does the real truth emerge. India needs to learn from the father of the nation, Mahatma Gandhi who had the courage and fortitude to express his dissent in a peaceful manner. In a progressive society, contrary views should be entertained. Further, the legislature should pass laws to protect dissidents, activists and whistle-blowers. It takes courage to take a stand and speak up, while the easiest thing is to ‘go with the flow’. Dissent must be welcomed not just on the political front but in religious and professional spheres as well.

Questions to Ponder

  1. “The highest form of human excellence is to question oneself and others” – Socrates. Comment in the light of recent events.
  2. India is suffering from continued protests since the last few years. Discuss the broader issues associated with protests in India. Give your opinion on the impact of protests on Indian democracy.

 




CABINET APPROVES AMENDMENT TO DICGC ACT

THE CONTEXT: The Union Cabinet on Wednesday approved amendment to the DICGC Act on July 29.

Analysis:

  • This will provide account holders access to up to Rs 5 lakh funds within 90 days of a bank coming under moratorium to ensure timely support to depositors.
  • Last year, the government raised insurance cover on deposit fivefold to Rs 5 lakh to provide support to depositors of ailing lenders like Punjab and Maharashtra Co-operative (PMC) Bank.
  • Following the collapse of PMC Bank, Yes Bank and Lakshmi Vilas Bank too came under stress, leading to restructuring by the regulator and the government.
  • The amendment to the Deposit Insurance and Credit Guarantee Corporation (DICGC) Act, 1961 is the budget announcement made by the finance minister.
  • Once the Bill becomes law, it will provide immediate relief to thousands of depositors, who had their money parked in stressed lenders such as PMC Bank and other small cooperative banks.
  • As per the current provisions, the deposit insurance of up to Rs 5 lakh comes into play when the licence of a bank is cancelled and the liquidation process starts.

ABOUT DICGC

  • Deposit Insurance and Credit Guarantee Corporation (DICGC) is a wholly-owned subsidiary of the Reserve Bank of India (RBI) created as per The Deposit Insurance and Credit Guarantee Corporation Act, 1961
  • It provides deposit insurance that works as a protection cover for bank deposit holders when the bank fails to pay its depositors.
  • The agency insures all kinds of deposit accounts of a bank, such as savings, current, recurring, and fixed deposits up to a limit of Rs. 5 lakh per account holder per bank.
  • In case an individual’s deposit amount exceeds Rs.5 lakh in a single bank, only Rs.5 lakh, including the principal and interest, will be paid by DICGC if the bank becomes bankrupt.
  • DICGC protects depositors’ money kept in all commercial and foreign banks located in India; central, state, and urban co-operative banks; regional rural banks; and local banks, provided that the bank has opted for DICGC cover.

WHAT DICGC DOES NOT COVER?

  • Deposits of state or Central governments
  • Deposits from foreign governments
  • State land development banks depositing with the state co-operative bank
  • Inter-bank deposits
  • Funds that are due on account of India and deposits received outside India
  • Funds exempted by the corporation with the previous approval from RBI



27% RESERVATION FOR THE OBCS AND 10% QUOTA FOR THE ECONOMICALLY WEAKER SECTIONS

THE CONTEXT: The Union Health Ministry has announced 27% reservation for the OBCs (Other Backward Classes) and 10% quota for the Economically Weaker Sections (EWS) in the all-India quota (AIQ) scheme for undergraduate and postgraduate medical and dental courses from 2021-22.

Analysis:

  • The new reservation provision will be implemented in this year’s admission
  • All undergraduate and postgraduate medical courses, including dental, will have reservations for OBCs and economically weak sections from 2021-22 onwards.
  • Nearly 1,500 OBC students in MBBS and 2,500 OBC students in post-graduation will be benefitted from this reservation every year, apart from 550 students from the economically weaker sections in MBBS and around 1,000 in the post-graduation, every year.

WHAT IS AIQ SCHEME?

  • All India Quota scheme was introduced in 1986 under a Supreme Court direction.
  • The aim was to enable students of another state to get reservation benefits in other states as well.
  • Until 2008, there was no reservation in the All India Quota scheme. In 2007, the Supreme Court introduced reservations of 15% for SCs and 7.5% for STs in the all-India scheme.

WHAT DOES THIS OBC QUOTA IN AQI MEANS?

  • Students belonging to OBC can now apply to any government medical or dental college to any other state under this quota.
  • This was a long-pending issue as OBCs did not have any all-India quota for medical admission.
  • State government medical colleges have 15% reservation in undergraduate seats and 50% in post-graduate seats for All India Quota.
  • Scheduled Caste (SC) and Scheduled (ST)s has reservation under the All India quota. So OBC students if migrated to another state could not reap avail of any reservation.

RESERVATION FOR EWS

  • In 2019, a constitutional amendment was made to provide 10 per cent reservation for the economically weaker sections.
  • Accordingly, the seats in medical and dental colleges were increased so that unreserved categories do not get affected. But this category was not included in the All India quota scheme.

 




KARNATAKA FIRST STATE TO RESERVE JOBS FOR TRANSGENDER PERSONS

THE CONTEXT: Karnataka became the first state in India to reserve jobs in public employment in favour of transgender persons.

Analysis:

  • The state government has amended the Karnataka Civil Services (General Recruitment) Rules, 1977 to provide for 1% horizontal reservation for transgenders.
  • The amendment provided for 1% of vacancies to be filled in any service or post by the state government from among the transgender candidates in each category of general, Scheduled Castes, Scheduled Tribes and in each of the categories among the Other Backward Classes.
  • The state government’s amendment of its recruitment rules was a result of a legal challenge to its recruitment of police constables on the ground that it excluded a separate category for transgender persons on par with men and women.
  • The notification by state government calling for filling up of various posts mentioned age, weight and other specifications pertaining to only men and women and disregarded transgender persons.

TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

  • It defines a transgender person as one whose gender does not match the gender assigned at birth.
  • It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
  • It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is.
  • Every transgender person shall have a right to reside and be included in his household. If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.
  • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
  • The Act states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society.
  • It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.
  • National Council for Transgender Persons will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.
  • The draft of the Transgender Persons (Protection of Rights) Rules, 2020, stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, but without any medical examination