The term ‘Transgender’ refers to those who don’t identify themselves completely with either of the dichotomous genders – male/female.
The American Psychological Association and World Professional Association for Transgender Health define them as ‘people whose gender identity (sense of themselves as man or woman) or gender expression differs from that usually associated with their birth sex.
This grouping constitutes a significant minority, estimated to be around 25 crores globally in number.
They are non-heterosexual individuals.
Sex vs. Gender —
According to WHO, Sex refers to the biological and physiological characteristics that define men and women while Gender refers to the socially constructed roles, behaviour, activities and attributes that a given society considers appropriate for men and women.
Cultural Evolution of Hijra Community in India
Indian society, historically, has been very tolerant of diverse sexual identities and sexual behaviours. The ‘Hijra’ community evolved to form a unites subculture within the Indian society. They had cultural and social significance across the country in various avatars.
In the Indian mythology, they found place from description of Lord Shiva to Mahabharata to Ramayana. Even Kamasutra duly recognises Hijra community — everywhere they have been portrayed with dignity and respect.
It is only after the 19th century that they have been pushed to the margins of the society and have lost their socio-cultural significance they once enjoyed. Often shunned as a menace to the society, they are now visible on the streets begging, but never seen as a part of the mainstream.
What is the status of Transgenders in India?
Transgenders do not enjoy a legal recognition in India like most of the Asian counterparts.
However, some states like Tamil Nadu, Kerala and Odisha recognise transgenders as the third gender.
The Transgender Persons (Protection of Rights) Bill, 2016, intended towards the protection of transgenders is yet to be passed.
The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person’s gender must not match the gender assigned at birth.
The bill includes trans-men, trans-women, persons with intersex variations and gender-queers.
Voting rights and recognition — in 2018, registered voters in Karnataka coming from Hijra community have doubled
Forced beggary | sexual activities
Lack of access to justice
Lack of recognition by the state for education/employment etc
Never appear as a priority for any political party.
What has India done to cater to Transgenders grouping?
In NALSA v/s Union of India, 2014, Supreme Court (SC) of India rolled out a landmark judgment giving a framework for recognising the rights of transgenders. It stated:
The right to choose one’s gender is part of the Right to Life and live with dignity – thus recognising the civil rights of this section.
SC directed the government to include ‘third gender’ in all official documents/forms, thus recognising transgenders (excluding lesbian, gay and bisexual grouping) as thethird gender.
To choose from one of the three genders was mandated to be only the person’s choice.
It also provided for avenues of reservation within the OBC quota to this ‘marginalised’ section (Note: In June 2016 Odisha became the 1st state to provide for social welfare benefits to transgenders, however, demands of reservation in government jobs and electoral seats are yet to be heeded to).
It was suggested that a commission to protect rights of this community must be setup just like the NCSC/NCST
SC also gave a green signal to the Expert Committee Report prepared by the Ministry of Social Justice and Empowerment (MoSJE) (This report talked about the plight of transgenders in India and provided for identification, sex-reassignment procedures, legal protection, precautions to check exploitation, etc).
In Ram Singh v/s Union of India case, 2015, (famously known as the Jat Reservation case) SC while quashing attempts of granting reservation to Jat groups in nine states stated:
Reservation solely on the basis of caste must be discouraged, and affirmative actions must be provided to those who are the most deserving.
There is a need to come up with new criteria for reservation.
