send mail to support@abhimanu.com mentioning your email id and mobileno registered with us! if details not recieved
Resend Opt after 60 Sec.
By Loging in you agree to Terms of Services and Privacy Policy
Please specify
Please verify your mobile number
Login not allowed, Please logout from existing browser
Please update your name
Subscribe to Notifications
Stay updated with the latest Current affairs and other important updates regarding video Lectures, Test Schedules, live sessions etc..
Your Free user account at abhipedia has been created.
Remember, success is a journey, not a destination. Stay motivated and keep moving forward!
Refer & Earn
Enquire Now
My Abhipedia Earning
Kindly Login to view your earning
Support
WHO ARE TRANSGENDER PEOPLE?
Transgender people are people who have a gender identity or gender expression that differs from their assigned sex.Transgender people are sometimes called transsexual if they desire medical assistance to transition from one sex to another. Transgender is also an umbrella term: in addition to including people whose gender identity is the opposite of their assigned sex (trans men and trans women), it may include people who are not exclusively masculine or feminine.
STATUS OF TRANSGENDERS IN INDIA
In April 2014, the Supreme Court of India declared transgender to be a 'third gender' in Indian law.The transgender community in India (made up of Hijras and others) has a long history in India and in Hindu mythology. Justice KS Radhakrishnan noted in his decision that, "Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex", adding:Non-recognition of the identity of Hijras/transgender persons denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail, also by the police. Sexual assault, including molestation, rape, forced anal and oral sex, gang rape and stripping is being committed with impunity and there are reliable statistics and materials to support such activities. Further, non-recognition of identity of Hijras /transgender persons results in them facing extreme discrimination in all spheres of society, especially in the field of employment, education, healthcare etc. Hijras/transgender persons face huge discrimination in access to public spaces like restaurants, cinemas, shops, malls etc. Further, access to public toilets is also a serious problem they face quite often. Since, there are no separate toilet facilities for Hijras/transgender persons, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law and violates Article 14 of the Constitution of India.
WHAT CHALLENGES DO TRANSGENDER PEOPLE FACE?
While the visibility of transgender people is increasing in popular culture and daily life, they still face severe discrimination, stigma and systemic inequality. Some of the specific issues facing the transgender community are:
INITIATIVES TAKEN IN INDIA WITH REGARD TO TRANSGENDER PEOPLE
The Supreme Court judgement on Transgender Rights
This judgement covers persons who want to identify with the third gender as well as persons who want to transition from one identity to another, i.e. to male to female or vice versa. The Court has directed Centre and State Governments to grant legal recognition of gender identity whether it be male, female or third gender.
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS), BILL 2016
The Union Cabinet approved the Transgender Persons (Protection of Rights) Bill 2016 for introduction in Parliament, and this Bill is expected to bring social, educational and economic empowerment to the transgender community. To a community that has been ostracised and discriminated against for so long, this Bill could mean a chance to live a life of dignity and equality. Aim of the bill The Transgender Persons (Protection of Rights) Bill aims at ensuring that transgender persons enjoys a life of dignity and equality as an Indian citizen, and guarantees a basic human right that had been denied to them for so long - right to identify as a member of our community and as equals. The Bill also instructs state mechanisms to include all possible provisions to ensure that no transgender person faces discrimination in India because of their gender identity. Salient Features of the bill The bill defines a transgender and makes provisions for certain safeguards against discrimination with India’s 6 lakh transgenders {as per census 2011} in employment, education, property rights and health-care services. It also provides for a jail term of six months to two years for offenders. The salient features of the bill are as follows:
Definition of a transgender person
Prohibition against discrimination
Right of residence
Employment, Education and Healthcare
Certificate of identity for a transgender person
Welfare measures
Offences and Penalties
National Council for Transgender persons (NCT)
Thus, the bill is one of the first steps towards a legislation that seeks to recognize that gender assigned to an individual on birth may not necessarily match the gender with which they feel a sense of belongingness. This is highlighted in the fact that the Bill seeks to give right to a transgender person to identify with any of the genders- a man, a woman or as a transgender instead of the category of ‘other’ where they are currently grouped into.
REFORMS NEEDED TO IMPROVE SITUATION OF TRANSGENDER PEOPLE
Legal Measures
1. There should be a special legal protection against this form of discrimination inflicted by both state and civil society which is very akin to the offence of practicing untouchability. 2. 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. 3. Civil rights under 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 change in gender / sex identities.
Police Reforms
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 be 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 in jail. Hijras should not be sent into male cells with other men in order to prevent harassment, abuse, and rape. 4. The police at all levels should undergo sensitization workshops by human rights groups/queer groups in order 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.
Other Measures
1. A comprehensive sex-education program should be included as part of the school curricula that alters the heterosexist bias in education and provides judgement-free information and fosters a liberal outlook with regard to 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.
CRITICISM OF THE BILL
Not surprisingly, the transgender community has publicly expressed dissatisfaction with the government’s bill with some sections calling it the Transgender Persons (Decimation and Violation of Rights) Bill, 2016.
By: Anupama Sharma ProfileResourcesReport error
Access to prime resources