What is the issue?
- Numbering approximately 4,90,000 (2011), transgender people in India are perhaps one of the most visibly invisible population.
- Here is a brief look on the plight of transgenders over the years and the measures taken to address their marginalisation.
How have transgenders historically been?
- Historically, Indian society has been tolerant of diverse sexual identities and sexual behaviours.
- The “hijra” community evolved to form a unique subculture within the Indian society.
- They existed alongside the omnipresent heterosexual unit of the family.
- They had cultural and social significance across the country in various avatars.
- The same is evident in Indian mythology and ancient literature such as the Kamasutra, or the epics such as the Mahabharata.
- In all these, the transgender community has been portrayed with dignity and respect.
What happened thereafter?
- India’s fluid gender and sexual norms did not fit into Britain’s strict Victorian conceptions of appropriate sexual behavior.
- So under the colonial law, the formerly acceptable sexual behaviors and identities became criminalized. E.g. Section 377 of IPC
- So since the late 19th century, transgender persons lost the social-cultural position they once enjoyed.
- They have now been increasingly recognised as one of the most socio-economically marginalised.
How vulnerable are they?
- Despite laws, policies and their implementation, the community continues to remain quite marginalised and highly vulnerable.
- Most often, children who do not conform to the gender construct binary leave, or are forced to leave, their families.
- These children or young individuals begin their journey alone in search of individuals of their kind, and are ultimately vulnerable to abuse.
- They are subject to extreme forms of social ostracisation and exclusion from basic dignity and human rights.
- They remain highly vulnerable to gender-based violence, are forced to beg, dance at events and religious functions, or, even sell sex.
- Their vulnerability to fatal diseases can be extreme in the conditions they work in.
- Thus they have a higher prevalence of HIV-AIDS, tuberculosis as well as a whole host of other sexually transmitted infections.
- According to a recent UNAIDS report, the HIV prevalence among transgenders is 3.1% (2017).
- This is the second highest amongst all communities in the country.
- But, only about 68% of the people are even aware that they are infected, which is worrying.
- High instances of substance abuse and low levels of literacy only complicate matters.
What are the measures in this regard?
- Education - Higher education institutions provide quota and give special consideration to transgender people.
- But only a few utilise these provisions as the school education of most transgender people either remains incomplete or non-existent.
- The lack of basic schooling is a direct result of bullying and, hence, they are forced to leave schools.
- Notably, schools largely remain unequipped to handle children with alternate sexual identities.
- Voting - Some voters were not getting registered as they refused to declare themselves as male or female - the two options available in registration forms.
- This was especially a significant issue for the local body elections in constituencies which are reserved for women.
- This was brought to the notice of the Election Commission (EC) in 2009, as a result of which appropriate directions were issued to all provinces.
- They were instructed to amend the format of the registration forms to include an option of “others”.
- Supreme Court - In National Legal Services Authority Vs. Union of India (2014), the apex court recognised transgenders as the “Third Gender”.
- It was observed that “recognition of transgenders as a third gender is not a social or medical issue, but a human rights issue”.
- Health - HIV services for the community are rapidly improving in a targeted manner after the SC verdict.
- E.g. National Aids Control Organisation (NACO) reported that 2,40,000 hijras were provided with HIV prevention and treatment services in 2015, compared to 1,80,000 the previous year.
- Law - The Transgender Persons (Protection of Rights) Bill, 2016, has been passed in the Rajya Sabha. It is now pending in the Lok Sabha.
- Besides these, a number of activists are working at the grassroots for the welfare of the community.
What lies ahead?
- Transgender community warrant special attention from not only the state machinery, but from the society at large.
- A multi-pronged approach is needed in the form of
- mass awareness campaigns
- generating avenues for dignified employment
- gender sensitisation
- affirmative action
- These are essential to complement the efforts of the EC and the judiciary, in ensuring a meaningful and inclusive democracy.
Source: Indian Express
