As per the World Health Organization, Transgender individuals are individuals whose gender identity and expression do not conform to the societal norms and expectations associated with their assigned sex at birth. Transsexuals are those who wish to undergo medical assistance to transition from one biological sex to another.
The transgender community often faces societal exclusion and even their own families sometimes view them as burdens. A quote by Mahatma Gandhi aptly captures the struggles faced by trans people in Indian society – “First they ignore you. Then they laugh at you. Then they fight you and then you win.”
In 2014, the Indian Supreme Court established the foundation for transgender rights by recognising ‘transgender’ as a ‘third gender’ in the National Legal Services Authority versus Union of India case. The judgment laid down several measures to prohibit discrimination against transgender individuals and protect their rights, including recommending job and educational reservations for them and allowing them to declare their self-perceived gender identity without undergoing a sex reassignment surgery.
Issues faced by Transgenders in India
Transgender persons in India face numerous challenges, including societal discrimination, exclusion, and violence. Some of the specific problems faced by the transgender community in India are:
- Social Stigma: Transgender individuals are often subjected to social stigma and discrimination in India. They are ostracized by society and treated as outcasts, which leads to their exclusion from mainstream society.
- Employment Discrimination: Transgender persons often face discrimination in employment due to their gender identity. They are denied job opportunities and face harassment at the workplace, which often results in their unemployment.
- Access to Healthcare: Transgender individuals face difficulty in accessing healthcare services in India. They are often not provided with adequate healthcare facilities and are not treated with dignity and respect by healthcare professionals.
- Limited Legal Recognition: Although the Supreme Court of India recognized transgender persons as a third gender in 2014, there is still limited legal recognition for transgender persons in India. They face difficulty in obtaining identity documents and are often not allowed to marry.
- Violence: Transgender individuals in India are at a high risk of violence, including physical and sexual assault, harassment, and discrimination. They face violence both in public spaces and at home.
These challenges highlight the need for increased awareness, acceptance, and protection of transgender individuals in India.
Reasons for Negative Attitude towards Transgenders
- Gender and sexuality have always been diverse and rooted in pluralistic traditions in India and South Asian cultures.
- Transgender people are one of the most marginalized groups and are often stigmatized and excluded from society due to their gender identity or sexuality.
- Most transgenders in India are from poorer castes and classes, and economic marginalization heavily shapes their experiences.
- Transgenders occupy a position in society that is simultaneously revered and stigmatized, being seen as both powerful and embarrassing.
- Parents often disown their transgender children, and these youths are shunned and subjected to physical violence, especially by male relatives.
- Transgender children may drop out of school due to rigid gender norms imposed by authorities.
- Transgender individuals, especially trans-men, are often stereotyped in the workplace and become targets of violence.
- Many transgender individuals are forced into prostitution or begging for livelihood, or resort to the exploitative entertainment industry.
- Transgender people are often subjected to gender-based violence, sexual abuse, rape, and exploitation.
- Being transgender is not a choice, and the belief that it is stems from ignorance or lack of awareness in society.
Legislations related to Transgenders in India
| Transgender Persons Act, 2019 | Transgender Persons (Protection of Rights) Rules, 2020 |
| Defines transgender persons as those whose gender does not match the gender assigned at birth, including transmen, transwomen, intersex persons, and gender non-binary persons. | Defines the process for issuing a certificate of identity to transgender persons, which includes an application to the District Magistrate, a screening committee, and an appeal process. |
| Prohibits discrimination against transgender persons in areas such as education, employment, healthcare, housing, and public spaces. | Specifies the responsibilities of the National Council for Transgender Persons, which include reviewing and monitoring the implementation of the Act, making policy recommendations, and addressing grievances of transgender persons. |
| Recognizes the right of transgender persons to self-perceived gender identity, without undergoing sex reassignment surgery or hormonal therapy. | Outlines the obligations of the Central and State governments to ensure the welfare and development of transgender persons, including providing access to education, employment, healthcare, and social security schemes. |
| Criminalizes offenses such as compelling transgender persons to beg or denying them access to public spaces. | Specifies the procedure for changing the name and gender of transgender persons in official documents, such as birth certificates, passports, and driver’s licenses. |
| Establishes a National Council for Transgender Persons, which includes representatives from various government ministries, transgender community organizations, and experts in the field. | Requires healthcare providers to provide medical care to transgender persons without discrimination, and to maintain confidentiality of their medical records. |
| Provides for transgender persons to be recognized as a separate category for affirmative action programs, such as reservations in education and employment. | Requires the government to conduct awareness campaigns to promote the rights and welfare of transgender persons, and to sensitize society to their issues and challenges. |
Other Welfare Measures
- National Portal for Transgender Persons:
- The National Portal for Transgender Persons has been launched as per the Transgender Persons (Protection of Rights) Rules, 2020.
- It allows transgender persons to digitally apply for certificates and identity cards from anywhere in the country, eliminating the need for physical interaction with officials.
- The portal enables applicants to track the status of their application, grievances and rejections, ensuring transparency in the process.
- The issuing authorities are bound to adhere to strict timelines to process applications and issue certificates and identity cards without any delays.
- National Council for Transgender Persons:
- The National Council for Transgender Persons has been formed by the Ministry of Social Justice and Empowerment, in accordance with the Transgender Persons (Protection of Rights) Act, 2019.
- The Council includes the Union Minister for Social Justice as the Chairperson and the Minister of State for Social Justice as the Vice-Chairperson.
- The Council comprises representatives from various ministries, including Health, Home Affairs, and Human Resources Development.
- Members also include representatives from the NITI Aayog, National Human Rights Commission and five members from the transgender community, as well as five experts from non-governmental organizations.
- The Council also has representation from state governments.
Garima Greh:
- Garima Greh, a shelter home for transgender persons, has been opened in Vadodara, Gujarat.
- The Lakshya Trust, a community-based organization run by transgender individuals, runs the shelter home.
- The shelter homes provide shelter, food, clothing, recreational facilities, skill development opportunities, yoga, physical fitness, library facilities, legal support, technical advice for gender transition and surgeries, capacity building of trans-friendly organizations, and employment.
- The scheme aims to rehabilitate a minimum of 25 transgender persons in each home identified by the Ministry.
FAQs
1. What is the Hindi translation of “transgender”?
The Hindi translation of “transgender” is “किन्नर” (Kinnar) or “खिन्नर” (Khinnar). These terms are commonly used to refer to transgender individuals in India.
2. What is a transgender woman?
A transgender woman is an individual who was assigned male at birth but identifies and lives as a woman. In other words, she is someone who was born with male physical characteristics but identifies and expresses her gender as female.
3. What is the status of transgender individuals in India?
Transgender individuals in India have historically faced social stigma and discrimination. However, there have been significant legal and social advancements in recent years. The Indian Supreme Court recognized transgender people as a third gender in a landmark 2014 judgment, granting them legal recognition and rights.
4. What are the laws related to transgender individuals in India?
In India, the Transgender Persons (Protection of Rights) Act, 2019 is the primary legislation aimed at protecting and advancing the rights of transgender individuals. The act addresses various aspects, including the right to self-identification, protection from discrimination, access to healthcare and education, and welfare measures. However, it has been met with mixed reactions, and there are ongoing discussions regarding its implementation and improvements.
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