Skip to main content

Why transgender community considers trans persons Act negation of gender justice

By Utkarsh Kumar*

A trans individual's fight for survival begins from their adolescence. Majority of them are relinquished by their families, denied formal schooling, and have severely confined access to employment opportunities. They are constrained into begging and sex work to make an earning. Additionally, there is a perennial verbal and sexual maltreatment in the community. Even quality medical care is beyond the community's reach due to the inherent biases in the society.
Amidst their fight for equality and social upliftment, the transgender network was eagerly looking forward to the Transgender Persons (Protection of Rights) Act, 2019. Unfortunately, the provisions of the Act have raised severe alarms among the community.
Certainly, there have been some corrective measures aimed at alleviating the plight of the community. Firstly, the Act has gotten rid of some of the reprimanded provisions of the Transgender Persons (Protection of Rights) Bill, 2018 – such as the criminalization of begging, and the foundation of a district screening council to handle the applications for issuance of transgender person certificates.
The Act also has provisions for protecting the rights of transgender children and accommodates for the States and organizations to devise relevant policies to guarantee the welfare of the community.

Ignorance to self-affirmation

Despite these curative protocols, the community has been left mostly aggrieved as several core issues have been left unaddressed, and some of the provisions seem unjustified. According to this Act, a transgender person can be identified as a male or a female only after getting a revised certificate from the district magistrate post a sex-reassignment operation.
This violates the tenet of self-affirmation, where a person should have the right to decide how they would be recognized in the society. Moreover, this provision fails to incorporate the Supreme Court judgement in National Legal Services Authority v Union of India (NALSA v UOI), 2014 of upholding the rights of transgender people to affirm their self-perceived gender identity without any sex-reassignment surgery.
The Act also fails to provide employment provisions for the transgender community via reservations in jobs and educational institutions. According to a study on the rights of transgenders by the National Human Rights Commission (NHRC), a staggering 96% transgenders have been denied jobs, whereas an alarming 60% of them have never attended schools.
According to Reshma Prasad, a social activist and a member of the National Council for Transgender Persons, most transgender people are discouraged from pursuing academic careers, and many are bullied in their schools, colleges, and jobs to the extent that they are forced to drop out. 
The community has been demanding horizontal reservations in government institutions, with activists like Grace Banu filing PILs to the judiciary. Horizontal reservations will not only reduce the inequalities against the community but also provide them a platform to showcase their skills and achieve their professional aspirations.

Neglect of human rights

The Act lays provisions for involvement of court orders, in cases of dispute, to decide where a trans child shall live, either with their biological family or the community group. The trans community finds this intervention to be a gross violation of human rights. The Act also creates a provision for the formation of only one national-level committee that can comprise a maximum of only five representatives from the trans community.
As per the Act, transgender people, even of 18 plus age, can be separated from their natal family/ guardians and put in restoration community
This is an unjust representation of the strength of their population. In fact, the primary source of data being used to direct such policies is the Census 2011 data. How can nine-year-old information, which may not be inclusive of multiple socio-economic parameters such as income levels, education, housing, etc., be utilized to derive interventions aimed at improving the present situation of the community? The lack of data available with the authorities is leading to an erosion of the transgender identity.
Additionally, the Act has been condemned for absence of clarity regarding the privileges of intersex people. As per the Act, transgender people, even more than 18 years of age, can be separated from their natal family/guardians and put in a restoration community. An interpretation of this idea takes away the rights of the trans people to make decisions for themselves, which violates their fundamental rights as per the constitution of India.

Diluted quantum of punishments

When we look at the quantum of punishments for crimes against trans people, the penalty for rape is a mere six months to two years. This might go up to life imprisonment if we consider the rules for binary gender. Even imperiling the lives of the trans people is punishable by a limit of only two years of imprisonment. It gives the impression that crimes against the community are considered frivolous wrongdoings.
The Act also lacks attention towards discrimination under certain cases. There are no guidelines in the Act on how to treat the victims from the community under particular situations. For example, the POCSO Act, 2012 clearly outlines how police should welcome children into the station for reporting. Such ideas are missing from this Act.
Hence, the Act seems to have left more concerned unresponded than what it intended to address. The circumstances of the passage of the Bill in the Lok Sabha is also debated – it was passed the same day, without any comprehensive debate, when the proposal to revoke Jammu and Kashmir (J&K) of its special status was introduced in the Rajya Sabha.
Given that the Bill aimed to address the concerns of an essential community in our fabric of society, it certainly deserved more discussion. Many community leaders raised the grievance that the Bill was not made accessible to the concerned communities before it was proposed in the Lok Sabha. Thus, considering these concerns and the severe shortcomings, the Act, in its current structure, requires reexamination.
---
*Second year student at IIM Ahmedabad

Comments

TRENDING

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Anti-poor stand': Even British wouldn't reduce Railways' sleeper and general coaches

By Anandi Pandey, Sandeep Pandey*  Probably even the British, who introduced railways in India, would not have done what the Bhartiya Janata Party government is doing. The number of Sleeper and General class coaches in various trains are surreptitiously and ominously disappearing accompanied by a simultaneous increase in Air Conditioned coaches. In the characteristic style of BJP government there was no discussion or debate on this move by the Indian Railways either in the Parliament or outside of it. 

Why convert growing badminton popularity into an 'inclusive sports opportunity'

By Sudhansu R Das  Over the years badminton has become the second most popular game in the world after soccer.  Today, nearly 220 million people across the world play badminton.  The game has become very popular in urban India after India won medals in various international badminton tournaments.  One will come across a badminton court in every one kilometer radius of Hyderabad.  

Faith leaders agree: All religious places should display ‘anti-child marriage’ messages

By Jitendra Parmar*  As many as 17 faith leaders, together for an interfaith dialogue on child marriage in New Delhi, unanimously have agreed that no faith allows or endorses child marriage. The faith leaders advocated that all religious places should display information on child marriage.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Ayurveda, Sidda, and knowledge: Three-day workshop begins in Pala town

By Rosamma Thomas*  Pala town in Kottayam district of Kerala is about 25 km from the district headquarters. St Thomas College in Pala is currently hosting a three-day workshop on knowledge systems, and gathered together are philosophers, sociologists, medical practitioners in homeopathy and Ayurveda, one of them from Nepal, and a few guests from Europe. The discussions on the first day focused on knowledge systems, power structures, and epistemic diversity. French researcher Jacquiline Descarpentries, who represents a unique cooperative of researchers, some of whom have no formal institutional affiliation, laid the ground, addressing the audience over the Internet.

Article 21 'overturned' by new criminal laws: Lawyers, activists remember Stan Swamy

By Gova Rathod*  The People’s Union for Civil Liberties (PUCL), Gujarat, organised an event in Ahmedabad entitled “Remembering Fr. Stan Swamy in Today’s Challenging Reality” in the memory of Fr. Stan Swamy on his third death anniversary.  The event included a discussion of the new criminal laws enforced since July 1, 2024.

Hindutva economics? 12% decline in manufacturing enterprises, 22.5% fall in employment

By Bhabani Shankar Nayak*  The messiah of Hindutva politics, Narendra Modi, assumed office as the Prime Minister of India on May 26, 2014. He pledged to transform the Indian economy and deliver a developed nation with prosperous citizens. However, despite Modi's continued tenure as the Prime Minister, his ambitious electoral promises seem increasingly elusive. 

Union budget 'outrageously scraps' scheme meant for rehabilitating manual scavengers

By Bezwada Wilson*  The Union Budget for the year 2024-2025, placed by the Finance Minister in Parliament has completely deceived the Safai Karmachari community. There is no mention of persons engaged in manual scavenging in the entire Budget. Even the scheme meant for the rehabilitation of manual scavengers (SRMS) has been outrageously scrapped.