(Q.)Whether the proposed constituency of the council, its diversity, and possible lack of representation of the transgender community, becomes a travesty to the assurance of justice?
There has been the accrual of many provisions and policy making powers to the National Council. To say the least therefore, there is eminent probability that the decisions taken thus by the council would directly affect the outcomes of initiatives and methods reflecting on the Transgender Community. To understand the same, a perusal of Section 17 of the Act, showcases that the council acts to advise the Central Government on policies, programmes, legislations and projects. It also monitors and evaluates the impact of these policies and programmes which serve the purpose of promoting equality of transgender persons. The Council is also the grievance redressal forum. However, Section 16 only outlays 5 representatives from the transgender community from the regions of North, South East, West and North East Region on a rotation basis between all the states. This clearly highlights the lack of representation to the community sought to be helped through this legislation and that the assurance of being heard (fairly) and for positive actions to be taken for them to be hampered. In proposal a larger number of individuals from the Transgender community would greatly improve the ability of the problems to be addressed, on a more practical basis backed by first hand experiences and also to balance the constitution of the council, with an overwhelmingly large number of members present who are representatives of just the government.