Child right ( transgender)
sudhirghabasu
(Querist) 09 May 2016
This query is : Resolved
sir, good Morning i am sudhir basu advocate practicing in chennai. i have a very peculiar case in hand for legal service. my client is a widow lady with 3 children 2 daughters and 1 son. 2 daughters got married. Now the son has become a transgender. the age of the son is only 17 years. he was normal upto the age of 11 years suddenly he became a transgender due to an acquaintance of an another transgender. Now the child is under the control of that transgender. though my client had approached the aforesaid transgender to give back her child the transgender is refusing and threatening my client. she is not against of the child behaving like a transgender but wants the child to come with her. the transgender under who's illegal custody the child is at present is politically very influential we cannot even approach the police as we once approached the police a group of transgenders came to police station and danced in front of the police A.C. who become shy of their act and chased everyone out of the station this only one example there are several such incidents now i want to help the poor mother who wants her child back whether i should approach the police again or else can approach the state child rights commission. or else advice me how to get the child reunited with the mother. note the mother of the child is a cancer patient they are very poor i am rendering only a legal service. so please give some advice which will be useful in the cause
Guest
(Expert) 19 May 2016
At age of 11 there are chances that son may have developed hormonal changes , psychological changes . and that time proper care was not taken within time medically ,psychologically.
Latest problem is age is 17. Next year he will be 18 and major (not minor) .To handle such case is short duration of one year is not medically ,nor psychologically possible or difficult still try can be given.
First and most imp thing such cases (I hear from my school friend) who is psychiatric is not to to oppose that person accept it . This is most important , he wants to live like transgender don't oppose nor support just be neutral , but insist that he should take care of his mother in difficult days.
Transgender I have seen coming to my other friends office and seat for their work etc. , Well my other friend was (son of powerful politician of Maharashtra state) , I asked him what is this and what they are doing ? He said they are part of society having their own world good and bad, they enjoy their life because they feel this is the way they can get happiness .
Political contact is nothing , this is business where person have to keep daily in touch with thousands of people may be this transgender may too have met such person etc.
This transgender psychology must be strong and their belief which can not be shaken.
Since financial position is weak of mother and cancer patient (perhaps dying patient) you need to take two three help (this will be lot out of way work beyond LLB field) and don't expect any thing in return you will not get any thing except curse from all transgender (which has no meaning)
1) Contact local Govt. hospital /Medical College Psychiatric Dept. Local govt. hospital charges I heard is 10 Rs. and free medicine too . While going take one blood relative of that Transgender and ask their guidance how to bring him out from them or what steps psychologically you have to take when he is out.
2) Legally according to Cr. P.C. using Magistrate complaint directing minor to rescue from transgender and getting minor custody to mother (as per relevant minors and guardianship act) should be done
3) Moment the child is taken by Police Dept. as per magistrate complaint etc. This Psychiatric intervention should start in child life rigorously as mother is running out of time . If he become major then other problems. We have to have act in his minority span only . Remember One Transgender bill is pending in Parliament , we don't know what will be final act for /against . In such scene acting fast is only option left and that too professionally in all direction before he completes 18.
4) Once he is taken in custody physically how to manage him psychologically will be rigorous work of Psychiatric/Psychological dept.
5) Some one require from blood relative to follow point 4 for long time . Min. 10 to 15 years
6) This person can behave like that again in life , so rescue him legally and rehabilitate him is very imp
7) I doubt that child education is stop. 17 normal child is in 11 std. this person must be 10th fail .
8) In such situation how to make him study and bring him to normal life is also goal (See 10th is basic education) nothing big. Even if at this stage he is 4-5 pass educationally still he can recover if proper care is taken, be practical even peon job require 10 pass .
9) So team work 1) Adv 2) Court 3) Police Dept 4) Psychiatric 5) Psychologist 6) Blood relative 7) Elder relative 8) May be social servant all will be required .
10) Tough case but as once philosopher said
"If you handle tough case in life , you become more competent and more successful in your own profession. Take it as challenge it will make you more competent in life "
Try this for dying mother , and you earn with rich client (Rich client will come to you when he hears how tough case you handled and then you will say poor client gave opportunity to study and with this experience I used skill some where else and got lot money from rich client )
Good Luck
Guest
(Expert) 21 May 2016
While chatting with some friend from medical field he suggested child should be also referred to Endocrinologists.
Govt hospital will be better if financial position is weak
