Transgenders

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 

Other Welfare Measures 

1. 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. 

2. 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.