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GS 1 > Society > Features of Indian Society > Vulnerable & Backward sections
REFERENCE NEWS
The All India Institute of Medical Science (AIIMS), New Delhi, recently announced its plans to open a Centre of Excellence for transgender healthcare in 2024.
WHO ARE TRANSGENDERS?
According to World Health Organization, Transgender is an umbrella term for people whose gender identity and expression does not conform to the norms and expectations traditionally associated with the sex assigned to them at birth.
HISTORY OF TRANSGENDERS IN INDIA
Transgender people or Kinnars have been a part of Indian society since ancient times. They find mention in the Hindu and Jain mythologies (Ardhanareeshwara), in epics such as Mahabharata (Shikhandi) and among art forms such as the Khajuraho Group of Monuments.
During the British era, transgender people were placed under the purview of the Criminal Tribes Act 1871. They were subjected to strict monitoring and compulsory registration until 1952 when their mention in the Act was denotified.
According to the 2011 census, they constitute 6% of the LGBTQ population, with an estimated population of 4.8 lakh. Uttar Pradesh accounts for the largest share of their population followed by Andhra Pradesh, Maharashtra, and Bihar.
CHALLENGES FACED BY TRANSGENDER COMMUNITY
Identity Crisis:
Till recently, transgender was not considered a third gender. Hence many of them were denied identification documents like electoral IDs and address proofs.
They are often forced to identify with a gender with which they are not associated at the workplace despite the government passing the Transgender Persons (Protection of Rights) Act, 2019 which allows the community the right to self-perceived gender identity.
Discrimination, exploitation and poverty:
They are subjected to severe discrimination, denial of property rights, and an overall apathy towards issues such as their education, accommodation, health, and employment.
This results in severe levels of poverty in the community, which further aggravates exploitations such as forced labor and sex trafficking.
Ex: 50-60% of transgenders have never attended school. Furthermore, 52% report being harassed by classmates, and 15% report harassment by teachers. Only 2% of transgender individuals stay with their parents.
Harassment, stigma and violence:
They are met with ridicule from a society and are considered mentally ill, socially deviant and sexually predatory.
They are forced for gender conformism, aversion-based pseudo-psychotherapies, forced marriages, physical and verbal abuse.
Ex: The Kochi Metro Rail Limited in Kerala employed 23 transgender persons , but due to housing discrimination, eight of them quit within a month because they could not find landlords willing to rent them accommodation?.
Limited employment opportunities and accommodative infrastructure:
Ex: 89% of transgender individuals say there are no jobs available even for qualified candidates, 23% are compelled to engage in sex work despite health risks, and 96% are denied jobs or are forced to take low-paying jobs.
Ex: Only 6% are employed in the private sector or NGOs.
Barriers to healthcare:
The community has been subject to unscientific and inhuman practices like “conversion therapy” by medical practitioners. The community lacks access to healthcare because of structural barriers like cost, exclusionary infrastructure, lack of services, and trained and sensitized healthcare workers.
Ex: 57% express a desire for sex-realignment surgery but cannot afford it.
This has resulted in a host of issues like high levels of HIV, substance abuse, depression, and other psychological issues.
Kerala was the first state to frame a transgender policy in 2015. They also have a justice board for transgenders aimed at ensuring justice and equality for members of the community. It provides free legal aid to check discrimination and violence against them.
Opened a residential school for transgender community at “Sahaj International”
Government hospitals in Kerala offer free sex reassignment surgeries.
Kochi Metro became the country's first government agency to hire transgender people.
Transgenders above 60 in Kerala get a monthly pension
Organized events like state level sports meet for transgenders, beauty pagent competitions and entrepreneurship avenues like “G-taxis”
CASE STUDY: ODISHA
“SWEEKRUTI” is an umbrella scheme launched by Odisha Government which is to be operated in a mission mode with manifold objectives for the betterment and well being of transgenders in the state.
WAY FORWARD
Effective functioning: The state along with civil society must ensure the effective functioning of the National Council for Transgender Persons with respect to identifying the challenges faced by the community and redressing it.
Rectifying The Transgender Persons (Protection of Rights) Act, 2019: There are certain shortcoming in the act which should be rectified by the government. They are:
The Act does not say anything about granting reservations to transgender persons.
There is a provision for penalizing organised begging which is coercive in nature as many of the community members don’t have avenues for livelihood.
There is no provision penalizing rape or sexual assault of a transgender person.
Social engineering: There is a need to sensitize the society that the community is a is part of us and are co-equal.
Sensitising the law enforcement: There is also a need to sensitize the legal and law enforcement systems towards the challenges of the community.
Incorporating the needs and rights of transgender individuals into India's framework for achieving Sustainable Development Goals is crucial, as it not only ensures social justice and equality for a marginalized community but also strengthens the nation's commitment to inclusive and sustainable growth for all its citizens.
PRACTICE QUESTION
Q: While the Transgender persons (Protection of rights) Act, 2019 is in line with the changing perception of society towards transgenders, it fails to address some of the fundamental concerns. Examine.(15marks, 250words)
