“Transgender Rights And Laws Related To It In India” – Study Materials for MPSC, UPSC & Others Competitive Exams
Introduction
Human rights are fundamental freedoms and everyone is entitled to them simply because of who they are. Governments cannot grant or revoke these rights. It includes the right to freedom of opinion and expression, life, liberty, equality and dignity. Since childhood, people are usually associated with only two genders. People who identify as transgender do not conform to normal gender conventions that only recognize male or female gender. Due to societal rejection of gender identity, individuals have experienced physical violence, social exclusion and discrimination. Such people are called transgender people. This article deals with transgender rights in India where transgender people enjoy their rights to legal protection and recognition as a third gender. The Indian Constitution gives transgender people the same rights as all other Indian citizens in terms of justice and equality. The Transgender Persons (Protection of Rights) Act 2019 was passed by the government to prohibit discrimination against transgender people in employment, education and health services. Social measures have also been introduced to protect the rights of transgender people.
A Brief description about the term “transgender”
The term “transgender” refers to people whose gender identity is different from the gender they were assumed to be at birth. A transgender person is defined as “an intersex mutable and genderqueer person whose gender does not match the gender assigned at birth”. These people are born with male or female anatomy, but feel differently about their body structure because their gender expression, identity, or behavior is different from the gender they were born with.
Transgender people attempt to express their gender identity in a variety of ways. Some use behavior, dress, or etiquette to keep their lives on track. These people reject the conventional understanding of gender, which divides people only into males and females. As a result, they identify as transgender or genderqueer.
Transgender is a generic term for people whose gender expression, identity, or behavior deviates from the norms expected of their biological sex, and is not limited to those with mixed genitalia. This includes various transgender identities such as: B. Male to Female (MTF), Transgender to Female, Transgender to Male, Female to Male (FTM). Other people who fall into this category are trans people, non-gendered people, and cross-dressers. People who identify as transgender defy gender norms and the idea that there are only two genders: male and female. They exhibit different physical characteristics, personality traits, and behavioral patterns. Transgender people are subject to social persecution and physical abuse due to the fact that society does not accept their gender identity and that they are different from the opposite sex. It fights homelessness, lack of access to healthcare, depression, alcoholism and discrimination. Protect their rights and address their problems. The Indian constitution protected their rights and gave them the right to deal with their problems, the Supreme Court gave them the right to be recognized as the “third sex” and gave them various social measures.
Legal provisions in relation to transgenders in India
Since their gender identity was not accepted by society or the law in the past, transgender people have endured discrimination for a very long time. People were compelled to write their gender. For the purpose of ending the discrimination they endured and defending their rights, the Supreme Court of India recognised transgender people as the third gender. The court ordered the centre to regard transgender people as economically and socially disadvantaged groups and to grant them access to work and educational opportunities based on their gender classification.
The court upholds the equality of the transgender person and offers them protection in accordance with Articles 14, 15, and 21. The court emphasised the value of the right to dignity and accorded the individual’s gender identity, which was based on reassigned sex following sex reassignment surgery, fair respect because the individual had a fundamental right to be recognised as a male or female. In light of this, transgender people have a right to legal protection under the law in all areas of state activity, including work and education. In India, the rule of law is paramount and everyone is treated equally. However, the transgender group is engaged in a daily struggle as they must contend with oppression, abuse, and prejudice from all corners of society, including their own family, friends, and the general public. Transgender persons struggle every day to find acceptance because they are shunned by society and humiliated everywhere. According to Articles 14 and 21 of the Constitution, everyone has the right to equality before the law and equal protection of the law. Another issue that falls under the purview of Article 21 is the right to freely choose one’s gender identification, which is a necessary component of living a life of dignity. The Indian people now have the freedom to identify as either male or female.
By adding a third category to documents like the voter registration card, passport, driver’s licence, and ration card, as well as for admission to hospitals and educational institutions, among other things, the Supreme Court has provided specific instructions for the safeguarding of the rights of transgender people.
On Indian soil, Article 14 addresses equality before the law, sometimes known as equal protection under the law. The transgender community is legally entitled to protection under the Indian Constitution in all areas of state action because Article 14 unambiguously falls under the definition of “person,” which covers the male, female, and third gender within its ambit. The third gender is included under the scope of Article 15, that concerns with the restriction of prejudice on the basis of religion, race, caste, and sex. As citizens, they have the right to be free from discrimination based on their religion, caste, race, and sex. They are entitled to the protection of their gender expression, which is primarily expressed in the way they dress, act, and behave.
No one may be deprived of his or her life or personal liberty unless in accordance with legal procedure, according to Article 21, which deals with the preservation of life and personal liberty. Transgender people have been denied their right to life and personal liberty for decades. By including gender identification within the scope of Article 21, the Supreme Court has also acknowledged the right to dignity.
Equal rights for the trans community
Education for transgender people is just as important as that of people of other genders, whether they are male or female, but the stigmatisation that transgender people experience reduces their interest in and focus on their studies. They also develop a sense of being avoided, ignored, and shamed. Transgender students are frequently refused admission to educational institutions because those institutions do not recognise their gender identities. The Transgender Person (Protection of Rights) Act of 2019 mandates that educational institutions that receive government funding or recognition must offer transgender students with access to sports, recreation, and education without discrimination.
The transgender community has experienced prejudice in the workplace and in questions of employment. They experience discrimination primarily in the form of harassment, refusal to hire, and invasion of privacy, which results in unemployment and poverty. The Transgender Person Protection Act prohibits government or private organisations from discriminating against transgender people in matters of employment, including recruitment and promotions. It also mandates that each establishment appoint a person to serve as a complaint officer to handle complaints related to the Act.
Health refers to a general condition of complete physical, mental, and social welfare; health care services for transgender people do not just refer to the surgical condition involved in transition. Health care also covers a variety of primary and ancillary services, such as housing, employment, and acceptance of transgender persons by the general public. Since transgender people have long faced significant health inequalities and barriers to appropriate medical care, they frequently experience depression, suicidal ideation, violence and harassment, and even HIV.
In Tamil Nadu, land was provided for Aravanis, and in Andhra Pradesh, the State government instructed the Minority Welfare Department to recognise “Hijras” like a minority group and to grow welfare schemes for Transgender. Transgender people have been discriminated against and neglected by society for a long time, and several social assistance actions were taken for the transgender person to bring them back into the mainstream of the society. To address the social welfare concerns of transgender people, the Department of Social Welfare Board in Tamil Nadu established the “Aravanigal/Transgender Women Welfare Board.”
Because of stigma and discrimination, the transgender community has fewer possibilities than others. They do not acquire a proper education because they are neither socially accepted nor well educated. Although they are registered in a school, they regularly experience harassment and bullying and are either asked to leave or choose to opt out on their own. This is why they start begging and doing sex jobs. Due to the policy of only hiring males or females, skilled individuals from this community rarely obtain formal employment. And once they do, they will be laughed at and shunned, which will compel them to quit their careers.
They consent to unprotected sexual activity out of fear of rejection or a desire to use sex to affirm their gender, which forces them into sex work that places them at the greatest risk of contracting HIV. In the society, they are seen as “vectors” of HIV. The risk of HIV is increased by other STDs such rectal gonorrhoea, syphilis, rectal Chlamydia, etc.
Right of Transgender Persons Bill, 2014
On 12 December 2014, the bill was introduced in the Rajya Sabha; it was unanimously approved on 24 April 2015 with backing from all parties. Tiruchi Siva, a Tamil Nadu-based member of parliament, introduced this private member’s bill. After the Bill was approved by the Rajya Sabha, April 24 is now recognised as Transgender Day. Most of the substantive rights protected by the Bill are included in it, including protection from torture, abuse, violence, and exploitation, as well as the rights to non-discrimination and equality life and individual liberty, free speech, and the right to live in a community. For children who identify as transgender, there is a different clause.
Most of the substantive rights protected by the Bill are included in it, including protection from torture, abuse, violence, and exploitation, as well as the rights to non-discrimination and equality life and individual liberty, free speech, and the right to live in a community. For children who identify as transgender, there is a different clause.
The Bill also includes provisions for social security, health, and employment. The government is required by the section on education to offer transgender students inclusive education and adult education. There are two distinct provisions in the employment chapter that deal with the government’s creation of programmes enabling transgender people to pursue self-employment and vocational training. There is a specific provision prohibiting discrimination against transgender people in any setting, whether public or private. The government is urged to promote social safety and health care services in the form of free SRS and separate HIV clinics in the welfare benefits and health chapter. The freedom to leisure, culture, and recreation should be granted to them. Government must guarantee basic rights including access to clean water and sanitary facilities.
National and State Commissions for Transgender Persons are just two of the agencies and forums that the Bill envisions being established. The majority of the Commission’s activity will take the form of inquiries or recommendations regarding irregularities in the use of the law or breaches of transgender people’s rights. The Commissions have the authority to summon witnesses, take evidence, etc. Hate speech directed towards transgender people is punishable by up to a year in prison.
Conclusion
Humans, no matter which gender they identify themselves by, have the right to live their lives in the most dignified manner. It is the most basic right guaranteed to every person by the virtue of their birth. It is the duty of the state and its citizens to uphold and inculcate this virtue in their culture. The trans community has been experiencing inequality from the start. It is necessary to bring a change and help in the betterment. Being an Indian citizen, the transgender person should have complete rights to safeguard their freedom.
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