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
Legal Measures
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.
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 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.
Other Measures
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.
Conclusion
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.
