Q. On 24th April 2015 Rajya Sabha unanimously passed the right of transgender persons Bill 2014. What is unique about this bill (Among the following options)?
Solution:
The Rights of Transgender Persons Bill, 2014 is a proposed Act of the Parliament of India which seeks to end the discrimination faced by transgender people in India. The Bill was passed by the upper house Rajya Sabha on 24 April 2015. It was introduced in the lower house Lok Sabha on 26 February 2016.
A private member’s bill in a parliamentary system of government is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation “private member’s bill” is used in most Westminster System jurisdictions, in which a “private member” is any member of parliament (MP) who is not a member of the cabinet (executive).
Other labels may be used for the concept in other parliamentary systems; for example, the label member’s bill is used in the Scottish Parliament and in the Parliament of New Zealand. In presidential systems with a separation of the executive from the legislature, the concept does not arise since the executive cannot initiate legislation, and bills are introduced by individual legislators (or sometimes by popular initiative).
The Bill was introduced in the Rajya Sabha by Dravida Munnetra Kazhagam (DMK) leader Tiruchi Siva as a private member’s bill. Some Bharatiya Janata Party (BJP) leaders initially tried to convince Siva to withdraw the bill citing anomalies and impractical clauses. Minister of Social Justice and Empowerment Thawar Chand Gehlot said that some clauses of the bill were impractical and too complicated. He promised future policies to benefit transgender people while requesting the Bill to be withdrawn.
Mukhtar Abbas Naqvi, Minister of State for Parliamentary Affairs, and P. J. Kurien of Indian National Congress (INC) also made similar requests.
However, Siva refused to withdraw the bill. He argued that 29 nations had laws regarding transgender rights. He pointed out that there were allegedly 450,000 transgender people in India, while the actual number may be around 20,00,000. They had the right to vote but faced discrimination in their day-to-day life. The ruling-party members responded to the initial voice vote with a negative. This forced Siva to call for a division of the house. Finance Minister Arun Jaitley discouraged it.
Jaitley said that Siva withdraw the bill and wait for the policies promised by Gehlot or the house should support the bill. The bill was unanimously passed on 24 April 2015 in the Rajya Sabha, where the Opposition had the majority but also received support from the treasury bench.
The move was welcomed by LGBT-rights activist Simran Shaikh. The Bill is considered historic as for being the first private member’s bill to be passed by any house in 36 years and by Rajya Sabha in 45 years. Usually, the bills are withdrawn after a debate and the government’s response. Until then, only 16 private member’s bills had been passed since 1947.
On 26 February 2016, the bill was introduced in the Lok Sabha for debate by Biju Janata Dal (BJD) leader Baijayant Panda. Panda argued that the bill would help extend constitutional rights and end the discrimination against transgender people, allowing them to live a life of dignity. BJP leader Jagdambika Pal also supported ending the discrimination against transgender people.
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