Rights of transgenders in india

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RI GHTS OF TRANSGENDERS I N

I NDI A

SHI LPA SUBRAMANI AN



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INTRODUCTION

The term 'transgender' has been derived from the Latin word 'trans' and the

English word 'gender'. Different sorts of individuals come under this category. No

particular form of sexual orientation is meant through the term transgender. The

way they behave and act differs from the 'normative' gender role of men and

women. Leading a life as a transgender is far from easy because such people can

be neither categorized as male nor female and this deviation is "unacceptable" to

society's vast majority. Trying to eke out a dignified living is even worse.

Hijra is a term used in South Asia – in particular, in India – to refer to an

individual who is transsexual or transgender. In India, the hijra community has

existed for more than four thousand years and is currently believed to number half

a million. The word "hijra" designates an alter-native gender to the malefemale

binary. The LGBT (Lesbian, Gay, Bisexual and Transgender) rights in India have

historically and culturally been accepted under the Hijra concept.



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PROblems FaCeD by TC

Discrimination Unemployment Lack of educational facilities Lack of medical facilities Marriage Adoption



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eXClUsION FROm sOCIal & CUlTURal PaRTICIPaTION

There appears to be limited knowledge & understanding of the people whose gender identity is incongruent to their biological sex despite of Indian Society’s general climate of acceptance & tolerance. Most families do not accept their children who behave in ways inappropriate to the expected gender role. Even from police they face physical and verbal abuse, Extortion of money and arrest on false allegations.

Jayalakshmi v. State of Tamil Nadu



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EXCLUSIOn Of ECOnOmIC partICIpatIOn and LaCk Of SECUrIty

Hijras/TG communities face a variety of social security issues. Since most Hijras run away or evicted from home, they do not expect support from their biological family in the long run. Subsequently, they face a lot of challenges especially when they are not in a position to earn (or has decreased earning capacity) due to health concerns, lack of employment opportunities, or old age. . Some of the important issues and concerns faced by Hijras/TG communities in relation to social security measures are given below:

Lack of Livelihood

Lack of welfare schemes and barriers to use existing schemes

Lack of access to life and health insurance schemes



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EXCLUSIOn frOm pOLItICaL partICIpatIOn

The Transgenders are also excluded from the legal, civical and

political rights. The Transgender people however have the rights

to vote in election as woman or ‘Other’ but the legal identity of

the transgender people in voter ID cards which confirms their

gender identity is not clear. Hijras has also contested in past but

the transgender gender who was contested as ‘female’ in the

election was overturned and hence considered as fraud and illegal.

Thus the right to election is yet to be realised. Legal issues was

said to be a complex issue for people who change sex, as well as

for those who are gender-variant especially for getting Legal

recognition of gender identity as woman or transgender as woman

was a complicated process.



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rIGHtS Of tranSGEndErS

Preamble to the Constitution mandates Justice - social, economic, and

political equality of status.

Thus the first and foremost right that they are deserving of is the right to

equality under ARTICLE 14.

ARTICLE 15 speaks about the prohibition of discrimination on the ground of

religion, race, caste, sex or place of birth.

ARTICLE 21 ensures right to privacy and personal dignity to all the citizens.

ARTICLE 19 All citizens shall have the right: (a) to freedom of speech and

expression; (b) to assemble peaceably and without arms; (c) to form

associations or unions; (d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and (g) to practise

any profession, or to carry on any occupation, trade or business



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NALSA VS. UNION OF INDIA

National Legal Services Authority (Nalsa) V. Union Of

India is a landmark decision by the Supreme Court of India,

declared transgender to be the 'third gender', affirmed that the fundamental

rights granted under the Constitution of India will be equally applicable on the

transgender and gave them the right to self-identification of gender as male,

female or third-gender. Moreover, the court also held that the transgender to be

treated as socially and economically backward classes and will be

granted reservation in admissions in educational institutions and jobs.



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Naz Foundation vs. NCT Delhi

Naz Foundation vs. NCT Delhi :

This is a landmark Indian case decided by a two-judge bench

of the Delhi High Court, which held that treating

consensual homosexual sex between adults as a crime is a

violation of fundamental rights protected

by India's Constitution. The verdict resulted in the

decriminalization of homosexual acts involving consenting

adults, throughout India.



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Right to adoption & maRRiage

Transsexual women and men should have the right to

marry, adopt children and be entitled to all legal

protections that non-transgender people are entitled to.

Presently in India, there is no legislation to regulate

transsexual people's marriages. It is important that an

amendment be introduced in marriage laws.

SAHODARI FOUNDATION



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tamiLnadU WeLFaRe BoaRd

The Tamil Nadu state in India was the first state to introduce a transgender

(hijra/ aravani) welfare policy. According to the transgender welfare policy

transgender people can access free Sex Reassignment Surgery (SRS) in the

Government Hospital (only for MTF); free housing program; various

citizenship documents; admission in government colleges with full scholarship

for higher studies; alternative sources of livelihood through formation of self-

help groups (for savings) and initiating income-generation programmes (IGP).

Tamil Nadu was also the first state to form a Transgender Welfare Board with

representatives from the transgender community.

In a pioneering effort to solve the problems faced by transgender people, the

government of Tamil Nadu (a state in South India) established a transgender

welfare board in April 2008.



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thiRd gendeR Rights

The Welfare Board comprise of 9 Transgender members, who have been

empowered to look into the various problems, difficulties and

inconvenience faced by the community and based on the inputs received,

the Government have formulated and executed various welfare schemes.

The Board has highlighted some of the welfare schemes so formulated

by the Government of Tamil Nadu:-

1) The Government has created a database on Transgender that would

help to deal with their problems and demands such as housing, ration

card, voter identity, patta, health facility etc.

2) The Government has also issued a Government order for admission of

Transgenders. in Government Schools and Colleges.



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FINDINGS & DEVELOPMENTS

In recent past, Tamil Nadu state government has introduced provision for

changing MtF TG people’s name (from male to female name) and sex/gender

(female/‘transgender’) in official gazette. Besides, the government publishes sex-

and name-change notice of post-operative transgender individuals whose sex

change is certified by a medical doctor that included obstetrician/gynaecologist.

Thus, male to female sex change in official documents appears to be possible

only for post-operative transsexuals, leaving out pre-operative TG people (waiting

to undergo SRS), TG people who are medically unfit for surgeries, and self-

identified TG people unwilling to undergo SRS – all of whom might want to

change their gender in the official identity documents.

The Supreme Court judgment (NALSA Vs. UOI) was a historic one, finally

recognizing the rights of transgender people and treating them as equal to other

Indians. This has helped in terms of their identity.



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THIRD GENDER LITERATURE AND STUDIES IN TAMIL NADU

"VAADAMALLI" by novelist SU.SAMUTHIRAM- First Tamil novel about

Aravaani community in Tamil Nadu published in the year 1994.

Transgender activist A. REVATHI is the first Hijra to write about Transgender

issues and Gender politics in Tamil. She is the author of Unarvum Uruvamum

(Feelings of the Entire Body); is the first of its kind in English from a member

of the hijra community. She also acted and directed several stage plays on

Gender and Sexuality issues in Tamil and Kannada."The Truth about Me: A

Hijra Life Story" by Transgender A. Revathi is part of the syllabus for Final

Year students of The American College in Madurai.

The American College is the first college in India to introduce Third Gender

literature and studies with research oriented seminar and the Tamil terms

for Gender queer people was coined in this college by gender activist Gopi

Shankar. Later Naan Saravanan Alla” (2007) and Vidya's “I am Vidya” (2008)

became first transwoman autobiography.



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cONcLUSION They should be treated equally, respectfully and without any discrimination. They should

not be discriminated against in exercising their right to apply for a job, access to a public place, right to property or their right to access to justice.

There should be a group of activists to whom any matter involving transgender rights as soon as it reaches the court can be referred to. This panel of activists should involve social workers dedicated to the cause of upliftment of the transgender community and also lawyers through with the law on the subject.

Shelter homes should also be made available for such transgenders who are facing violence and are in further risk of going through the same during the proceedings. The officials dealing with issues relating to transgenders should observe complete transparency during such events. Thus establishment of a division under the local legal services authority in order to provide legal aid to the transgenders, will adequately serve the purpose.

While reforms are needed and suggested in the existing laws for the realization of equal rights for the transgender community, the target can not be achieved, if not fully but partially, if reforms take place in the implementation of such laws

Thus it is very vital that the judicial officers and the police officers do not become the means to institutionalize or to enforce such discrimination. Rather, they should spread awareness in the societal area they work in and enlighten the laymen that the transgender are as human as them and deserve to be treated in the same manner. Just like the State of Tamil Nadu all the laws of the land should be applied to them like any other person.



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ThaNk yOU

Rights of transgenders in india

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