Analysis of Transgender rights in India
"The true civilization is where every man gives to every other every right he claims for himself".
Transgender people are individuals of any age or sex whose appearance, personal characteristics, or behaviors differ from stereotypes about how men and women are ‘supposed’ to be. Rights help to make our life easier by avoiding all claims. And it encourages an individual to live independently. In every country, we can find that effortlessly. Because we are social animals and it's our right from birth to live independently, give our clarification on it’s their fundamental privileges too which cannot and shouldn’t be denied to them.
They should alight ’severy right to prove themselves. And to make their lives better like us. They must have the right to educate themselves, live according to their wish, right to vote, opt for any kind of profession that they prefer. These things gave them different identities so that they also make their name in the world.
If you take an example of your child and any family members. That, if he/she got any different natural characteristics which an individual does not have. Then what we will do? Of course, we accept that person because he/she belongs to their family. Yeah, differences we can see then also but for a family, it is their child which they can't eradicate.
Similarly, for a country's norms, every person is the same and equal. No matters they belong to homosexual, or bisexual. No matter they able or disabled. Because if we see in our surroundings then there are so many people who are different from each other. So by seeing this, it will take millions of time to make rules for each and individual. And maybe it creates lots of trouble too. That's why everyone is equal in the eye of the constitution. Every individual has all rights no matter what they have.
What are Transgender rights given to them?
The Indian Supreme Court’s declaration that transgender individuals are the Third Gender under the constitution and recent legislation has significantly furthered recognition and rights for transgender individuals. This article looks at these developments and guides employers. The golden thread that runs through the equality scheme of the Indian constitution (Articles 14,15,16, 19, and 21) is ‘enjoyment of life by all citizens and an equal opportunity to grow as human beings irrespective of their race, caste, religion, community, social status, and gender.
’One of the basic tenets of the equality scheme lies in the recognition and acknowledgment of the ‘right of choice and self-determination’.
Determination of the gender to which a person belongs and relates is intrinsic to their right of self-determination and their dignity. Acknowledging that Indian laws are substantially binary, recognizing only male and female genders, the Honorable Supreme Court of India in its order in the case of National Legal Services Authority vs. Union of India (dated 15 April 2014, AIR 2014 SC1863, the ‘Nalsa Judgement’), declared transgender individuals distinct from binary genders, as the ‘Third Gender’ under the Indian constitution and for laws enacted by the parliament and state legislatures. Non-recognition of the Third Gender in the Indian legal framework has resulted in the systematic denial of equal protection of the law and widespread socio-economic discrimination in society at large as well as in Indian workplaces. In the wake of the Nalsa Judgment, the Indian parliament recently enacted the Transgender Persons (Protection of Rights) Act,2019 (the ‘Act’).
The transgender community has all the rights that citizens of India have. Apart from these their other rights include :
1) Clauses 21 and 22 of Chapter V aim to reserve 2% of seats in primary, secondary, and higher education institutions funded by the government, and in government jobs.
2) Clause 24 for Chapter V mandates the formation of special employment exchanges for transgender people.
3) Chapter VIII details the formation of special transgender rights courts.
4) The maximum penalty for hate speech against transgender people in 1-year imprisonment with a fine.
Reforms needed to improve the situation
1) Every person must have the right to decide their gender expression and identity, including transsexuals, transgenders, transvestites, and hijras. They should also have the right to freely express their gender identity. This includes the demand for hijras to be considered female as well as a third sex.
2) There should be special legal protection against this form of discrimination inflicted by both state and civil society which is very akin to the offense of practicing untouchability.
3) The Immoral Trafficking Prevention Act, 1956, as has been pointed out earlier, is used less for preventing trafficking than for intimidating those who are the most vulnerable i.e., the individual sex worker as opposed to brothel keepers or pimps. This law needs to be reformed with a clear understanding of how the state is to deal with those engaged in sex work.
4) Civil rights under the law such as the right to get a passport, ration card, make a will, inherit property, and adopt children must be available to all regardless of the change in gender/sex identities.
1) The police administration should appoint a standing committee comprising Station House Officers and human rights and social activists to promptly investigate reports of gross abuses by the police against kothis and hijras in public areas and police stations, and the guilty policeman is immediately punished.
2) The police administration should adopt transparency in their dealings with hijras and kothis; make available all information relating to procedures and penalties used in detaining kothis and hijras in public places.
3) Protection and safety should be ensured for hijras and kothis to prevent rape in police custody and jail. Hijras should not be sent into male cells with other men to prevent harassment, abuse, and rape.
4) The police at all levels should undergo sensitization workshops by human rights groups/queer groups to break down their social prejudices and to train them to accord hijras and kothis the same courteous and humane treatment as they should towards the general public.
1) A comprehensive sex-education program should be included as part of the school curriculum that alters the heterosexist bias in education and provides judgment-free information and fosters a liberal outlook about matters of sexuality, including orientation, identity, and behavior of all sexualities. Vocational training centers should be established for giving the transgender new occupational opportunities.
2) The Press Council of India and other watchdog institutions of various popular media (including film, video, and TV) should issue guidelines to ensure sensitive and respectful treatment of these issues.
According to my opinion, rights should be only for those who properly utilize them. If you are obeying every norm and condition. Then definitely you are a valid person for your freedom. There should be no discrimination among people, no matter what are they belong to. Keep everyone under one eye. Give every right to every individual of each caste, religion, region, etc. Spread love, humanity and let them live according to their wish.