The Cabinet will consider bills on POCSO amendments and the rights of transgender people

NEW DELHI: On Wednesday it is likely that the Union will consider the Law on the Protection of Children against Sexual Offenses (Amendment) and the Law on Persons (Protection of Rights) to allow their reintroduction into parliament. Both Bills expired when the previous Lok Sabha's mandate came to an end due to the Lok Sabha polls in April-May.

The bill of amendments that expired sought to enable the gender neutral implementation of strict punishments up to the death penalty in cases related to children. This was considered to be in line with the Criminal Law Amendment Act of 2013 which applies to crimes of rape with death in cases involving girls under 12 years of age.

The invoice He also requested incarceration for a period that should not be less than 20 years, but which can be extended to life imprisonment, which will mean imprisonment for the rest of that person's life and will also be subject to fines or fines. death . Currently, the provision is for imprisonment of not less than 10 years, which can be extended to life together with a fine.

The proposed legislation that was introduced in Lok Sabha in January, but could not be analyzed, had provisions that established that a person who is using a child for pornographic purposes will be punished with a prison sentence of not less than five years; Seven years for the second sentence. Possession of any pornographic material that involves a child to transmit, propagate, distribute in any way was proposed punishable by imprisonment of up to three years.

The other important bill that will probably be considered by the cabinet concerns the rights of transgender people. The bill was approved by Lok Sabha in December 2018. It is likely that the bill will be presented without new amendments for approval again.

Focused around identity, the Bill seeks to allow a person the right to choose to be identified as a man, woman or transgender, irrespective of sex reassignment surgery and hormonal therapy. The invoice passed in Lok sabha in December required a transgender persons to go through a district magistrate and “district screening committee” to get certified as a transgender person. This provision, however, has evoked criticism from the transgender community members and activists as they feel that this provision violates their privacy and denies them the right to assert their gender identity as they see it.

The bill prohibits discrimination against a transgender person in areas such as education, employment and medical care. Offenses such as forcing a transgender person to beg, denying access to a public place, physical and sexual abuse, etc. they would attract up to two years in prison and a fine.