e e e e e e e e e e e e e e e e e e e e @ e e e e e e e e e e e e e e Study on Human Rights of Transgender as a Third Gender Kerala Development Society (KDS-Dethi) 811-A, Jaina Tower I, District Centre, Janakpuri, New Delhi -110058. Ph: +91-11-41815051/41049422(Tel Fax) Mob; 91-11-9811202487 / 09818780833 Email: kdsdelhi2002@ymaiL.com, kdsnrlg@yahoo.in Website: www.kdsonline.org. Submitted to National Human Rights Commission February 2017PFeeseevooseeooeoseosvsaoevneeeneseeneneeoeneoeenoeeeeeeeeand Acknowledgements I express deep gratitude t0 Chairman, Members and other officials of National Human Rights Commission (NHRC) in finalizing the design of the study, providing onluable comments on the draft report anu sponsoring the research project. Government offidals, representatives of NGOs and experts in different states have extended support in sharing relevant information. Their cocperation in enriching the study is acknowledged. I wish to acknowledge the cooperation received from the transgender commautity in Delhi and Uttar Pradesh in providing relevant informationfor conducting this study. 1 wish to acknowledge the research support provided by Ms. Seema Chelai, Mr. Sunil Pillai and Ms. Megha Jacob, my colleagues in Kerala Development Society(KDS). Several research investigators devoted sincore attention in undertaking the field survey. Special thanks to them. Administration support provided by the KDS team, consists of Ms. Vijayasree MB, Ms, Neema. V and Mr, R. Kinnar, is gratefully acknowledged. Dr, Jacob okie President Kerala Developmest Society New Delhi 10 February 2017Abbreviations Belgium Denmark Seal France Teal Latvia ‘Hun; ‘Netherlands Poland Slovakia Finland ‘Sweden United Kingdom Bulgaria Czech Republic Estonia Ireland Greece ‘Lithuania ‘Luxembour; Malta Portu Romania Slovenia G ‘Cyprus “Transgender People Focus Group Discussion@eseeceasveeoeoseeeeaeeeseooaoeeeeoveeoeveeuveeoene Contents Chapter : BOP eg afi ag Chapters | Mt eduetion 9.20 Chapter2. | S2io-Economic Profile of the Transgender People men Discriminations and Human Right Violations and Coping Chapter3. | Mechanism 42.54 Analysis of Policies and Welfare Schemes for Transgender Chapter | in India 55-73 Analysis of Laws and Policies for Transgender in sclect 74 Chapters | Foreign Countries ee Chapter 6 | Human Rights of Transgender People: Recommendations | 103-116 References 117-121 Annexures 122-135 Glossary 136-137@eseeeoevpeeveeneceeveeeveoeeeeoeeononvee seen eeed List of Tables ae ‘Table N > Tablei.1 | Sample Survey: Selection of Respondents 6 Tablex2. | Transgender Respondents: election of Districts for Field Study | 4g Table:21 | 0 wise Distribution of Transgender People 2 ‘Table 22 | Education Qualifications of Transgender People 2 Table:2.3 | religion wise Distribution of TG in Delhi and UP Pad Table24 | Caste wise Distribution of TG in Delhi and UP 7 Pattern of Employment/ Livelihood by Transgender in Delhi and Table:25 | uP 9 Table:26 | setection of career 3 Table:27 | Tacome Monthly of TG 32 Table: 2.8 a(tern of Accommodation in Delhi and UP 8 Table: 2.9 | vransgender: Batten of Living 35 ‘Table: 2:10 | Possession of Identity Cards of Transgender People: Document 36 WiseTable:2.21 | 55 Bank Accounts and Bank Savings 38 Table 31 : Human Rights Violations Reported by TG: Delhi and UP 43 TableS2_ | Dicceiminations at Education lnstitution Level 5 Table | Tansgender Population 59.60 ‘Table51 | Pfevalent practices towards Transgender in Foreign Countries 790PC OOCSHOSHSEHEHSHEOSCHEHHHSESCHEHSHO SET EOHUOEEEOEE List of Figures Figure 21 | Age wise Distribution of Transgender People 2 Figure 22 | Education qualifications of Transgender People 4 Figure 23 | Religion wise Distribution of TG in Delhi and UP 25 Figure 24 | Caste wise Distribution of TG in Delhi and UP 28 Figure 25 | Pattern of Employment/Livelihood of TG in Delhi and UP 30 Figure2.6 | Age group at which Selection of career is decided 31 Figure 2.7 | Income Monthly of TG 38 Figure 28 | TG: Pattern of Accommodation in Dethi and UP 34 Figure 2.9 | Living Pattern 35 Figure 2.10 | Possession of Identity Cards of TG: Document Wise a7 Figure 3.1. | Form of Human Rights Violation “4 Figure 3.2. | Discriminations at Education Institution Level 46‘e008 List of Box Box 3.1 | Case Study: Transgender told to vacate Mum flat 50 Box3.2 | Case Study: Livelihood Project 50 Box3.3 | Case Study: Termination of Job 5 Box3.4 —_| Case Study: Family - Guru Chela Relations 82 Box3.5 — j Broken Marriage and Exploitation of Wealth 53Chapter 1 Introduction The prohibition of discrimination including verbal abuse and physical violence against transgender persons and the protection of their human rights are important elements of the legal order in several countries, However, the scope of various provisions in the legal system is limited and does not cover social protection, healthcare, edtication and access to goods and every society, nation, culture and class since ancient times while the rights of the members of the transgender community have'started gaining attention only in the modem world. Their rights are not protected and they face discrimination in v. services, leaving transgender people vulnerable. Transgender people have existed i us areas. Non-tecognition of the identity of human beings belonging to the transgender community, as a third gender, denies them the right of equality before the law and equal protection of law guaranteed under Article 14 of the Constitution and violates the rights guaranteed to them under Article 21 of the Constitution of India, .An(Gnportant step has been taken on 15 April 2014 by the Supreme Court of India passing a landmark judgment granting constitutional recognition to transgender as the “third gender”. The Supreme Court, in the National Legal Services Authority judgment has recognized the legal and constitutional rights of transgender persons, as a ‘third gener’, This judgment focuses specifically on the legal recognition of the transgender community, relying on the definition in the Yogyakarta Principles and clarifies the distinction between gendler identity and sexual orientation. The court engages with both these categories, but focusing only on the transgender subject. There are two central questions that the court addresses. The first is the recognition of a third gender category for hijras or equivalent cultural identities in order to {facilitate legal rights. The second is that tranigender persons, for the purposes of the law, should be able to identify in the gender of their choice, which could be male, female or a third gender category. In the operative part ofthe judgment, the caust he Court held that hijras and eunuchs be treated asa “third gender” to safeguard their fundamental rights. The Court has also held that andi transgencler persons have the right to decide their self-identified gendes) 9t ‘The Court has directed the government to treat transgender as a socially and educationally backward class, eititledto"quotad ih Ed cational institutions and for public appointments. As a distinct “third gender” category, they will have all rights under the law, including the right to marry each other, adopt, divorce, succession, inheritance and also to claim benefits under welfare programmes. For a variety of reasons, we do not see the participation of this particular section of the society in various institutions and progranunes, Although the need for education, health, employment, housing, banking, pension and insurance are no different for individuals irrespective of their sex but the access to these services for transgender seems limited in the present set up. However, for the holistic development of a society, it is important to recognize the need of every segment and work towards human development. ‘Transgender are being deprived of many of the rights and privileges which other persons enjoy as citizens of this country. Transgender people are facing serious problems of human rights violation in the field of education, employment, health care, voting and contesting election and regarding theit personal freedom, legal protection, family, marriage etc. Denial of equal protection of law Jeaves them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail, also by the police. They face harassment at work place, hospitals, places of public conveniences, market places, theaters, railway stations, bus stands, and so on, In spite of the adoption of Universal Declaration of Human Rights in the year 1948, the inherent dignity, equality, respect and rights of all human beings, the transgender are denied basic ‘human rights, There is a need to adopt human right approach towards transgender which may focus on functioning as an interaction between a person and their environment highlighting the role of society and changing the stigma attached to them. There seems to be no reason why a transgencler must be denied of basic human rights which includes Right to life and liberty with dignity, Right to Privacy and freedom of expression, Right to Education and Empowerment, Right against violence, Right against Exploitation and Right against Discrimination, ete. Moreover, Yogyakarta Principles address a broad range of human rights standards and their application to the issues of sexual orientation gender identity. 10Definition and Categories of Transgender People: The term ‘transgender’ or ‘third gender’ eludes cohesive definition. The definition favoured by the World Professional Association for ‘Transgender Health reveals the substantial difficulty in defining these terms: ‘Some individuals describe themselves not as gender non-conforming but as unambiguously cross sexed. Other trans women. Transgender includes pre-operative, post-operative and non- operative transsexual people who strongly identify with gender opposite to their biological sex (UNDP. in India there are a host of socio ~ ethnic groups of transgender like Hijras/ Kinnars, and other trans identities like - Shiv- Shaktis, Jogtas, Jogappas, Aradhis, Sakhi, Aravani, Aruvani, etc. mentioned that application of concept of trans gender should not be limited to such socic-ethnic groups alone, but should cover all categories including female to male transgender. Female-to-male transsexual (FTM) people are born with female bodies, but have a predominantly male gender identity. Maleto-female transsexual (MTF) people are born with male bodies, but have a female gender identity. Many, but not all, transsexual people undergo medical treatment to change their physical sex through hormone therapy and sex reassignment surgeries. ‘The contemporary term “transgender” arose in the mid-1990s from the grassroots community of gender-different people. Transgender encompasses anyone whose identity or behaviour falls outside of stereotypical gender norms. In contemporary usage, transgender has become an “umbrella” term that is used to describe a wide range of identities and experiences, including but not limited to transsexual people; male and female cross-dressers (sometimes referred to as “transvestites,” “drag queens” or “drag kings”); Other current synonyms for transgender include “gender variant,” “gender different,” and “gender non-conforming” .A. generic definition of transgender person is that “a person who chooses to identify himself/herself with a gender different from the one assigned at birth’, Various institutions and individuals have given definitions globally. in this context, APCOM defined the term transgender in the context of 1South Asia ( “Mapping Transgender Groups, Organisations and Networks in South Asia”, Published by Asia Pacific Coalition on Male sexual Health (APCOM) report, No. 2, July 2008). It has defined a total of six categories of transgender people as follows: + Transvestites : They have a fetish for cross dressing and are mastly heterosexual in orientation, they cross dress for sexual enhancement + Transexuals ; They cross dress because they believe they are in the wrong body (male). ‘They opt for a sex change operation + Drag Queens: They are male homosexuals who eross dress to attract other men or to play around with gender. Also called Satla Kothis + Intersexed (Hermaphrodites): Primary body/genitals not fully male or female. + Intersexed(Chromosomal issues) Two “X” or male chromosomes missing + Hijras: Anyone from the other categories joining the religions cult of Bahuchari Mata or Aravanis and are under the guru or nayak tradition. Some of these may further have ‘specific socio-cultural religious connotations such as in the case of jas’ and ‘Jogtas’. Sexual Orientation: Transgender and other Categories under LGBT Sexual orientation is an intrinsic part of a person's identity. It refers to a person's capacity for Profound emotional, physical or romantic attraction towards other people, It is distinct from gender identity; trans people may be heterosexual, lesbian, gay or bisexual (or pansexual):The acronym ‘LGBT’ stands for ‘lesbian, gay, bisexual and transgender. It includes three sexual Orientation terms (lesbian, gay and bisexual) and one gender identity term (transgender, or trans). The present study cover the transgender je,, "T’ under LGBY category. In India, these groups are gelting united to address their problems especially those related to human rights. ‘There are several organization that work for lesbian, gay, bisexual, and transgender peoples! rights. The present study covers the human rights- related issues of transgender people and other categories under LGBT are not dealt with. 2eeeseeeeeoevneonvneeeseseeascesseeseneeeeeoeeese 1. Objectives of the Study ~~ 1.1 The main objectives ores tone: 4. Study the overall profile of transgender as a third gender encompassing important, socio-economic variables, like age, caste, religion, education, employment, income, ete, and whether RGI includes transgender in census and other enumerations; ii, Examine various kinds of discrimination, human rights violations faced by them in all aspects concerning their lives, including coping mechanisms, both in urban and rural areas; iii, Evaluate entitlements given to transgender by Central and State Govemments under various schemes/programmes like education, health, employment, food, pension, etc. and ‘reasons for their inclusion/exclusion, including problems faced by them in accessing those entitlements; iv. Study in-depth the programmes/schemes launched / facilities provided for transgender by the Centre, State or Local Government and critically identify the areas of economic activities for self-reliance; v. Make an in-depth analysis of the laws and policies, if any, for transgender along with the Supreme Court judgments and steps taken by the Central and State Governments for ‘their overall developments in the light of the given policy, law(s) and judgment; vi. Examine the prevalent practices towards transgender in foreign countries and also study the UN Yogyakarta Principles of international human rights law in relation to sexual orientation and gender identity; and vii, Develop and build database and come up with actionable recommendations to protect and promote their human rights - civil, political, economic, social and cultural rights. BSCeooeeeaseeveosenvneaaeseoeosneonseeaenseseevneaeseeseeneoeed Literature Review Globally, several transgender zelated literature are available and most of them are quite relevant to the present study. Some of these studies have discussed health, social and economic issues of transgender students in western countries (Prosser 1997, Prosser 1988 and Santo 1998). These studies cover narration on inclusion of transgender and gender fluid students, best practices and assessment of programmes for their welfare and recommendations. Transgender students are becoming more visible on college campuses in different countries including India, In this context, the stuclies of Paflin and Junge, 1998, Rage fe Karim 2000 are quite sgaifcant as they examined the experiences of undergraduate and graduate students who self-identify es transgender. They have discussed the hostile climate for transgender students exists in the school and college campuses when these educational institutions lack resources and education oon transgencier issues, Jeffrey(2005) has made a detailed study of the experiences of transgender college students, Hageand Karim, (2000) have analysed various treatment options for non- transsexual gender dysphoria. De Cuypere, G., T'Sjoen, G., Beerton, R, Selvaggi, G., De Sutter, P,, Hoebeke, P, and Rubens, R, (2005) mad a detailed analysis of sexual and physical health after sex reassignment surgery. A comprehensive literature review on the current status of the legal status (gender identity) and legal rights of hijras/ transgender people in India was conducted by collecting and analyzing key legal and other documents such as relevant judgments and publications. Information about the legal rights of transgender people in general, and transgender people in particular in other countries (especially that have progressive laws in relation to Transgender people) was collected and analyzed. Similarly, academic and UN databases on legal issues and human rights of transgender people and other sexual minorities ‘ere searched and relevant documents were reviewed to propose potential legal models for the recognition of gender status of ijas und other transgender people in India. Gender Identity and Expression Sub-Committee of the Diversity, and Social Justice Committee, US has given different classifications of transgender. The definitions of different categories of transgender were developed by Mills students in collaboration with Student Diversity Programs in 2011 and are cited from Transgender 101, Mills Edition, uwe@eseeevoeteeovoeoeonsneeesveeseeoeesseseeeeoeseeoee SD ‘Mainstream gender related literature throws more light on various types of violations of human rights of transgender people in various countries. UNDP's Review (2012) examines existing literature on trans* people's human rights and HIV vulnerability across the Asia-Pacific region. The focus in this report is mainly (though not exclusively) on lower income and middle income eople in more affluent countries do ‘ot experience challenges. On the contrary they often find themselves excluded from economic countries of the region, This is not fo suggest that tans* opportunities enjoyed by others and end up facing many of the same challenges of survival as do trans* people in less developed economies. The review examines the literature on existing laws, regulations, policies and practices that prompt, reinforce, reflect or express stigma and Prejudice towards trans* people; identifies vulnerabilities to HIV and barriers to access or uptake of HIV-related healthcare services; and establishes a research agenda aimed at providing the sort of data that will enable a reduction in future risk, as well as better access to treatment, care and support for transgender persons living with HIV. Bockenek and Knight (2012) presented Nepal as a case study for the introduction of a third gender category in a legal and political system. In December 2007, the Supreme Court of Nepal issued a groundbreaking verdict in favor of sexual and gender minorities, The decision in quickly became famous for declaring full, fundamental human rights for all “sexual and gender minorities” —lesbian, gay, bisexual, transgender, and intersex citizens. The article discusses what the decision of establishing a third gender category accomplished and examines the significance of the legal recognition of gender, focusing specifically on identification documents. It explains the definition of the Nepalese third gender as the court established it and puts this definition in the context of non-binary gender definitions according to academic literature and other cases and systems that explicitly or implicitly refer to a third gender category. Mentioning the path to legal implementation that has taken place in Nepal, it concludes by examining how non-male, non-female gender categories are supported and afforded protections under international human. vights law and the implications of such protections. Sanders (2010) in his paper presented a general picture an legal and policy pattems regarding transgender in Asia and the West. It deals with: third sex identities, the Wester model of individual transsexual rights, and discrimination faced by the third gender, Mitchel aul Howarth (2009), in their Trans Reseavet Review included a wide range of evidence surrounding the inequalities and discrimination faced by trans people in the UK. It has identified significant gaps in knowledge about trans people and highlighted the diversity 15within the trans population, In addition to establishing the size of the trans population, in order ‘to estimate demand for services, it emphasized that other characteristics of the trans community also needed to be better understood, For example, mapping the geographical location of trans Populations in order that services can be targeted most effectively, Further, better understanding of the diversity that exists within the trans population is required if services and policies are to provide for the whole trans community, Despite the limitations imposed by a lack of robust research evidence, the review offers an important insight into the range and types of issues faced by transgender people. Gender literature has discussed various issues of transgender people in India. UNDP India (2020) discusses how transgender communities have been excluded from effectively participating in social, economic and cultural life and decision-making processes. In this study, the health related issues are discussed with a special reference to HIV. Lack of livelihood options is a key reason for a significant proportion of transgender people to choose or continue to be in sex work - with its associated HIV and healthrelated risks. It highlights the fact that Hijras/Transgender women require understanding and support of the government, health care professionals, general public as well as their family members. Sharuta (2012) in her contextual contribution presented the historical background and legal status of third gender in the Indian society. The paper highlights that the Constitution, while it contains certain prohibited grounds of discrimination such as race, caste, creed, sex, etc., does not specifically include sexual orientation, Neither the Hindu Marriage Act nor the Special Marriage Act mentions third gender. It notes that the transgender as third gender in India is not adequately provided for, though their existence is evident in our country, Thomas (2013) captures the third gender in India from ancient Literature to present situation. The paper lists down the areas where the inequality is felt by the third gender. Some initiatives taken up by the government receives a mention in this study. UNDP (2012) presents the situation analysis of transgender of Chhattisgarh, The study emphasizes the need to strengthen the capacity of community members to identify, articulate and advocate for their human rights and development needs and to participate more actively in the development of policies and programs that shape services delivery effectively to the betterment and inclusion in mainstream for their community. 16‘Vable 1.2 Transgender Respondents: Selection of Districts for Field Study State Select ed Distri ots Name of Selected Districts Sampling Technique/Criteria for Selection of Districts (No) 2 Mathura Bijnore Sampling Technique ~ -Used Purposive Sampling Criteria for selection: (1)Cover districts where Transgender people are concentrated (2)cover samples represent rural settings Delhi Fast Delhi Shahdara Sampling Technique Used Purposive Sampling Critetia for selection: (1)Cover districts where Transgender people are concentrated (2\cover samples represent urban settings Total Schedules/ Questionnaires: Two types of schedules/ questionnaires were prepared ; Type | for seeking information from Third Gender; Type Il for seeking information from experts from different states/UTs of India, associations of transgender, CSO/NGO, present and potential employers of transgender, government officials, ete(Annexure 1) ‘Major variables for data collection are the following: Educational qualifications of transgender Employment details of transgender Source of livelihood of transgender Annual income of transgender Pattern of expenditure/components of expenses Identity cards of transgender Family details of transgender Violation of human rights before and after entering the community 18@eeeoecevcaeoneseenenaeeeeeeoeoaoevneeeoseeeeeeneedsso ‘+ Measures for improving their educational standards, professional and technical qualifications . + Support from various governments + State level welfare programmes available to transgender * Attitude and experience of employers towards transgender Various types of secondary data were used for the study. These sources included books, articles, periodicals, statistical abstract «and websites. of /_—_relevant institutions/departments/ministries, etc. ‘The secondary data was used to examine the prevalent practices towards transgender in foreign countries and also study the UN Yogyakarta Principles of international human rights Jaw in relation to sexual orientation and gender identity. Limitations of the Study Some of transgender people who live with Gurus as a part of Hijra community show their reluctance in sharing some critical information during the field survey, It seems that Gurus have given strict instmuctions to maintain their privacy. Adequate support and cooperation were received from the transgender community. However, they were not forthcoming on certain issues may be due to the feeling of insecurity and fear. 20, Chapter 2 Socio-Economic Profile of the Transgender People In this chapter, we discuss overall profile of transgender as a third gender encompassing important socio-economic variables, like age, caste, religion, education, employment, income, etc. . A brief on government policy on the coverage of transgender in census and other enumerations is also dealt with, 21 — Socio-Economic Profile of transgender people in Delhi and UP 21.1 Age Pattern As presented in Table 2.1 and Fig 2.1 about 10.56 percent of respondents are of the age group 15-20 years while 6.56 percent are of the age group 20-25 years and 13 percent are of the age group 26 to 30 years. The single largest size -18 percent: is the age group 31- 35 years. About 9 percent of transgender persons are of the age group 35-40 years and 14.56 percent are of the age group 41-45 years. Another 13.56 percent of transgender persons are of age group 46- 50 years. About 7.88 percent of the transgender persons are of age group 51-88 years and another 6.88 percent are above 55 years, There are not much variations in the age pattern of transgender persons between UP and Delhi. The age pattem clearly indicates that many of them are youth as around 47 percent of transgender persons are in the range of 21-40 years age group. 2Table2.1 Age wise Distribution of Transgender People ‘Age Group [NCR Delhi [NCR UF UP Total Total . (Ne) Delhi (No) (4) (No) (%) (%) 1520 30 TL 6 0 5 1056 2B 2 7a 7 6 Bo 6.56 26-30 6 vy of 2 17 B 3135 76 1688 86 190 162 18 36-40 6 10 36 é a 9 a5 eS TT 8 Bn Tar 14356 46-50 59 BR 1B a 12 13.56 BI-SS a 689 40 389 7 7.88 ‘Above 55/31 6.89 31 688 a 6.88 Total rr) 7100 450 100 ‘900 ‘100 ‘Source: Feld Surcey Fig 2.1 Age wise Distribution of Transgender People 20 8 — 30 NCR Delhi (58) mur (36) 2SCeeeeesescoeoeeeseeseeeeseouseeseesueuvsed de ® e e 24.2 Education About 29.11 percent of transgender people in Delhi and 33.11 percent in UP have never attended school_A tolal of 20 percent of transgender people completed the primary Tel St school education both in Delhi and UP, About 45:12 percent in Delhi and 4889 percent in UP have education below 10% standard. About 15.12 percent in Delhi and 10 percent in UP have 10th -12" standard school education. The results of the field survey is in line with census data ( see Table 2.2 and Fig.2.2), It is important to understand that just 5:33 percent of transgender people in Delhi and 4 percent in UP have graduation degree, Around 53Spercent of transgender people in Delhi and 4 percent in UP have postgraduate degree, According to (Census 2011, the literacy of transgender people in UP is 55.8 percent and 62.99 percent in Delhi. tis a matter of serious concer that transgender persons are denied of right to edue: after the enactment of Right to Education Act 2009, —_—o—E—_—E—_—rr Table: 22 Education Qualifications of Transgender People up| 149 | 3311 | 220 | 4889] 45 | 10 | 18 | 4 | 18] 4 | 450 ‘Saree: Field SurveyFig 2.2 Education Qualifications of Transgender People INCE Delht NoSchoc! Lessthan 12th_—Graduate Education 30th standard (33) (%)—— Graduate (%) standard (56 andabove e) 243 Caste and Religion Religion wise distribution of transgender people in Delhi and UP is given in Table 2.3 and Fig 2.3.Majority of the surveyed transgender people both in Delhi and UP belongs to Hindu religion, They are around 90,68 per cent and 87.12 per cent respectively. Another 8.44 per cent of respondents in Delhi ‘and around 12 per cont i UP balong to Muslim religion. A very minuscule per cent of transgender people are from Christian (0.22%) and other religious categories (0.67%).Table 2.3 Religion wise Distribution of TG in Delhi and UP soln) ((Number)})§ 800 2 102 Christian 2 044 0 0 2 0.22 Others 2 044 a 0.88 6 0.67 Total 50 100 450 100 900 00 ‘Source: Field Survey Fig 23 Religion wise Distribution of TG in Delhi and UP 100 90 80 . 7% 60 %0 TG in Debi (4) 40 TG in UP (96) 30 20 10 ° Mind Muslim Christian’ Others 25 CoeeeeeeeeeeeeeseeeeeeeeeeeeeeeoeeoeseIn principle, caste system is not applied to mansgender people after joining the Hijra community. A significant number of transgender people under Hijra community was not ready to reveal much about the caste system. However, according to some NGOs working closely with transgender community in Delhi and UP, a form of caste system exist. These NGOs have categorically statef that upper caste, middle caste and lower caste categories exist among the members of Hijra community in line with caste system prevailing in India, This caste system has reflected in their liveliheod activities. Upper caste members visit houses during wedding, birth of new children and other auspicious occasions. Middle caste members quite often involve in the begging in the streets, bus stops and other public places. Sex workers under the transgender category are from lower caste. The caste pattern in Delhi and UP is presented in Table 24 and Fig 24 “The single largest share of the surveyed transgender people belong to Other Backward Community (OBC) in both the states. About 15 per cent of transgender respondents in Delhi and 16 per cent in UP surveyed belongs to Scheduled Caste. It is significant to note that around 22 per cent of transgender people in Delhi and about 26 per cent in UP are unaware of their own caste. ‘There are notable numbers of people who do not respond to this query in both the states.@eoeseeeseeeesneeoeeseeoeoeeesneeneseeeoeeeee Table 24 Caste wise Distribution of TG in Delhi and UP ‘Schedule Tribes B 289 9 2 2 245 st) Other Backward |" 144 32 148 3088 22 2a community (08Q) General Category] 25 Ban 18 a a 456 Not Aware oF » Pay 117 26 216 ey ‘Own Caste No Response 105 Bad cA W9az 1 We Total 50 100 0 | 100 300 100 Source: Field Survey aFig 24 Caste wise Distribution of TG in Delhi and UP = TGin Delhi Number of Responses (5) oSSRBRHESRS & oe eee TG in UP (%) FS EF FS ve * ee Oe 2.1.4 Employment and Livelihood The pattern of employinent and livelihood of transgender people in Delhi and UP is presented in Table 25 and Fig.2.5. Just 6 percent of transgender people are employed and moreover, they are employed in private/ NGO sector. Majority of transgender people are engaged in informal sector. The results of the field survey showed that nobody is employed in government sector, About 2444 percent are engaged in badia, blessings, singing and dancing, About 4.56 percent of transgender persons are sex workers, About 10.44 percent of transgender persons are engaged in begging while another 13.11 percent are engaged in sales of food items, fruits, vegetables, flower, cloths, etc. It is interesting to understand that 4.56 percent are engaged in undertaking miscellaneous work including domestic help. 28Table 25 Pattern of Employment, Livelihood of Transgender in Delhi and UP ao eee Badhai/Blessings/Singing/Da cing: Informal sector Begging: Informal sector ba 2 40 | 889 | oe | a0ae ‘Sex work : Informal sector B Bl iB a a | 456 Beautician: Informal sector 2 oa 9 2 2» | 322 Tailoring: Informal sector ey 288 1B a) 2 | 3m Sales of food items /fruits/ 50 Wi 6 [asti] me | Bn vegetable, flower, cloths, etc. as street vendors/ by visiting ‘houses offices: Informal sector Miscellaneous work induding | _54 2 2 [7a | 8% | 956 domestic help: Informal sector Miscellaneous work B Sat 8 a [a | 456 ‘Employed in the private sector Social Work: Employed inthe | 13 288 0 0 3. | 1 NGO sector Employed in the Government 0 0 0 a 0 0 sector No work wo 13S 7% | 1689 | 135 | 15. No Response 2 338 80 | ai2 | 92 i023 Total 50 100 480) Too | 900} 00 ‘Source: Field Survey 29exeaevoesescoesnvneeseeeeeeseuveeesesenneese Fig 25 Pattern of Employment / Livelihood of TG in Delhi and UP ETGin Delhi Numberot Responses (38) ATG In UP (%) Tailoring: Sales of food... No work NoResponse Social Wor Badhai/Btess. Miscellaneo.. As shown in Table 26 and Fig.26, forty percent of transgender people made career choice between the age group of 15 -20 years. Fifteen percent of transgender people made their career choice between 21 - 25 years. Thirty percent of the transgender people made the career choice between the ages 26 - 30 years. Fourteen percent of transgender people macle career choice at the age limit of 31-35 years. One percent of transgender people made career choice above 35 years, About 75 percent of transgender people showed high level of dissatisfaction in their career or income generating activities. It is pertinent to understand that the transgender people do not have the right to a decent and_ productive work. They are denied of the right to get protection against unemployment. 7 — 30Table 2.6 Selection of Career SARE SOIDIRER Seleti ea 75-20 225 135 B 26-30 270 30 31-35 126 a 35 and above 9 1 Total 900 100 Source: Field Survey Fig: 26 Age group at which Selection of Career is decided 320 4 100 + 20 4 «o | 7” Percent of Responses 20+ o 15-20 21-25 2630 3135 35and Total above 31eaeeeeeevesceoesevnescevuseeoaoveeneoeeseeseseese 21.5 Monthly Income ‘The income patter of transgender people is reported in Table 2.7 and Fig 27. About 38 percent of the transgender people have the income below Rs. 5000. The monthly income of 22:35 percent of transgender people is between Rs,5001- Rs. 7500. Another 26.46 percent of transgender people have a monthly income which ranges between Rs.7501- Rs.10, 000, About 26.35 percent of transgender people have monthly income in between Rs, 10001 Rs.15000. Another 12.35 percent of transgender people have a monthly income ranging between Rs 15001- Rs.20000. About 3.46 percent of transgender people have the monthly income ranging between Rs 20001- Rs.25000 and another 1.11 percent have more than Rs.25000. It is quite significant to note that the level of income is abysmally low for the transgender community. They are denied of right to have a decent standard of living, an Table: 2.7, Income Monthly of TG Employment] “TG /UseiKood | Delhi ge © Number of | espana Up to Rs, 13 5000 Rs. 5001- Rs. 90 20 112 24,89 202 2235 7500 Rs, 7501- Rs. 122 2741 7 %6 239 26.46 10000 Rs. 10001- 12 24.89 126 28 238 26.35 Rs. 15000 Rs. 15001- 67 14.89 45 0 12, 12.35 Rs. 20000 Rs. 20001 2 488 . 2B 32 3.46 Rs. 25000, ‘Above — Rs. 5 an oO 0 5 Alt 25000 No Response ia 4B 1 4 37 412 Total 450 100 450 100 900 100 ‘Sonrce: Field Survey ‘Note: In mast eases transgender people are given comics accommodation nnder Guru Chela system 22Fig 2.7 Income Monthly of TG 30 5 0 —_ 15 19 TG in Delhi Number of 5 - Responses (9%) ° : MTGin UP) He of SSSI HEE ESL © Ce es 2.1.6 Housing/Stay ‘The ownership pattem of accommodation of transgender persons is shown in Table 2.84Only 19 percént_of transgender persons have accommodation while the remaining have rented accommodation. The results of the survey clearly indicate the unavailability of own accommodation to a large section of transgender community. They are denied of the right to wi of Table: 2.8 ‘TG: Ownership Pattern of Accommodation in Delhi and UP TOINUP ‘Total Cae 24 Wr Ym Total 450 | 100 450 700 ‘900 100 2 €evueecevesvseswnesnseeeoeseceeneneneeeeeeneszsoevsdFig 28 TG: Pattern of Accommodation in Delhi and UP BTGin Dethi Number of Responses (3) TGin UP (%) As is evident from Table 29 and Fig. 2.9, about 53 percent of transgender persons lives under Guru Chela system, While 40 percent lives with other transgender persons. These categories “include those transgender persons as spouses also. Astother two percent of transgender persons lives with their parents and another 5 percent live alone, It clearly substantiates the fact the level of acceptability of transgender persons by their family and parents is abysmally low,2.1.7 Legal Document and Bank Accounts Document wise details of identity cards of transgender people are reported in Table 2.10 and ; ee eh oe EPO Fig 210. About 14.88 percent of transgender people in people in UP are given voter ID card, in the name of transgender. For both states together only Ihi and 16 percent of transgender 35 e e e ° e e Table: 2.9 e e e e Together with ° transgender e persons as a group e Guruchela | 477 [53 system e Living with 8 2 parents + e Living B/S alone ° Total 900-300 e ° Fig :2.9 ig: e e Living Pattern e 607 e ey 20 + e 304 e sm Percent of Responses 207 {Delhi + UP) (8) : e 104 e 4 e Togetheras Guruche'a. Living with tiving lone agroup — system parents e e e e e e e e e e15.4 percent of transgender persons have a voter card issued by Election Commission of India in the name of the transgender andi6.<6.percent have Addhar Card issued in the name of the transgender. Justl11 percent transgender people in Delhi and 3.11percent in UP has got driving license issued in the name of ‘transgender. It is important to understand that a small size of transgender people have identity cards in their old name with female or male gender status as reported by their parents, The reason for not having identity cards such as voter card, ration card or the bank account may be attributed to the ‘education, lack of awareness and poor ‘exposure to the social, political and legal system. a : ‘Table 2.10 Possession of Identity Cards of Transgender People: Document Wise | a “OP; yTCin, [Number |+°UP! | Responses. ter ID 7 2 16 Card in the name of 1G Election Voter 1D] 14 Sal 8 178 «| ae 2a Card in the old name » | (Female/Male) ‘Aadhaar card in| 72 16 7 Ti | 149 166 the name of TG : ‘Aadhaar card in] 2 034 9 2 Th 12 the old name (Female/Male) PAN Card in the | z 5 Tm (a 16 name of TG PAN Card in the | 0 o {0 0 0 0 ola name (Gemale/Male) Driving Ticense in |S TH rea ait [19 2a the name of TG Driving License in [3 088 5 im [8 2 the old name (Female/Male) ‘Source: Field Suroey ‘Muiltiple Response Questions@eeeeseeeeeeoseeeoeceacaeseeaeevesescoevueeeeeneees Possession of Identity Cards of TG: Document Wise i i 1 i TG in Delhi Number of Responses (%6) TG in UP (x) Onammst Rabe: ‘The status of savings bank accounts of transgender people and the availability of bank savings in their account are presented in Table 2.11. About 55.6 percent of transgender people have own bank accounts in Delhi and in UP together. However, 31 percent of transgender people do not have any amount of saving in their bank account. The amount of saving with the bank is less than Rs. 2000 for 51.4 percent of transgender people with bank account while it is in between Rs, 2001-5,000 for 18.8 perent, Rs, 5601-10,000 for 12.6 percent, Rs,10001-20,000 for 11 percent and Rs, 20,001 and above for 6.2 percent of transgender people with bank account. It is alsa found that about 98 percent of transgender persons covered under the field survey do not own any property. The results of the survey show that the financial posit is quite weak and the right to an acequate standard of living is totally denied a large section re ~—-——- een of transgender people, —— 37Table 2:11 SB Bank Accounts and Bank Savings Do not Own SB| 104 3B 175 3 [a BI account with any bank No Response 7 ® a 12 Ta a Total 450 100 450 100 | 900) 200 ‘Amount ofsaving | 144 32 113 2 | 7 B14 with the bank: Less than Rs. 2000 ‘Amount ofsaving | 54 2B a0 9 of 188 with the bank: between Rs. 2001- 5000 ‘Amount ofsaving | 36 8 @ é 8 126 with the bank : between Rs. SO01- 10000 Saving with the | 32 7 B 5 55 TI bank: between Rs, ‘10001-20,000 Saving with the | 13 3 8 a (ai 62 bank: Rs, 20,001 and above Total oF | 279 @ ear 49 [500 700 ‘Transgender people who have own SB account with any bank Source: Feld Suroey ‘Multiple Response Questions 28@eeaeeevoeseenvneeonvneesnesevueeseeeen eeu eeonoense 2B. Language and Culture: Transgender people belonging to Hira community maintain ‘unique communication strategy. They are capable of using two lanijuaghs, They use a separate” Tanguage for the internal communication, When they want to communicate something to other transgender people in the presence of non-transgender people they use their own language with some codes, etc, Their language does not have any script and it is similar fo Farsi language of Afghanistan. Under Guru Chela system transgender people follow mostly Mustim religious practices, while they use Hindu religious occasiogs for blessing and collecting money from the public. However, most of transgender people chela framework. Most of the Gurus are Muslims. According to 35 percent of transgender 19t practice Muslim religion outside tre Guru people, the influence of Mughal rule is the major reason for the dominance of Muslim gurus under Guruchela system. 2.2 Transgender People in Census of India and other Enumerations: Government Policy 221 Census 2011: Indian Census had never recognized third gender namely, transgender while collecting census data for years. But in 2011, data_of transgender was collected with details related to their employment, literacy and caste. There was no column for third or transgender candidates was available in electionelated forms, including, nomination paper, because of which candidates of such categories were facing problem, Transgender people are included in the 2011 census in ‘Others’ category after recomunendations of the Technical Advisory Comuittee (TAC) were accepted by the Goverment of India, Accorclingly, Registrar (RGN, as recommended by Technical Advisory Committee transgender people are given a separate code i.e. ’3' in the names of others, the I’ and ‘2’ being meant for male and General of India female respectively during the ensuing Census 2011 Registrar General of India had given the option of “other” for enrolling a person who did not wish to be recorded as either male or female. 2.22 Aadhaar System: UIDAL: Unique identification authority of India, Government of India (UIDAI) has also provided an option of "T" for transgender in the preparation of Aadhaar card, ‘The gender is taken based on the declaration made by the resident without the requirement of any document. The person can declare his gender as male, female, or transgender in Aadhaar system. In Aadhaar system, the gender is taken as what is declared by the resident without the 39requirement of any document and the resident can declare his gender as male, female, or transgender. 2.2.3 Election Commission of India Election Commission of India has issued directions under provisions of Rule-4 of the Registration of Electoral Roll-1960 to enroll transgender people as voters, In 2009 Election Commission of India decided to formally allow an independent designation for intersex or transgender voters, The move meant that Indians could choose an “other” category indicating their gender in voter forms. Election Corninission of India, the Commission had issued directions under provisions of Rule 4 of the Registration of Electoral Roll, 1960 that in Forms (Form 6, 7, 8) relating to enrolment in the electoral roll, eunuchs/transsexval may include their sex as ‘other’ where they did not want to be described as male or female, Further, the Election Commission had directed the Chief Electoral Officers of all States/UTs to make necessary modifications in the form of Electoral Rolt and all the forms relating to enrolment. As per the final electoral roll, with reference to 1# January, 2012, as the qualifying date, there were 11601 electors who had been enrolled under the other’ category. All such persons enrolled in the “other” category are also enlitled to get the elector's photo identity card. According to Election Commission of India about 30,000 transgender people are registered across India with Election Commission. The Lucknow Bench of the Allahabad High Court on 30, September 2015 directed the Uttar Pradesh government and the State Election Commission in. UP to provide for inclusion of transgender candidates in the documents of Panchayat elections, including nomination paper. The court, directed the respondents to provide a column for third gender, 2.24 Passport: The documents required by Ministry of External Affairs (WEA), Government of India for issue of passport MEA has given the provision of third gender in their. software for issuing passport and can be incorporated provided it is demanded by the concerned beneficiaries. The passport cannot be issued unless certificate for age and address is produced. The police verification and affidavit would also be the choices for consideration of address roof in near future. Passport authorities and Election Commission may consider replacing the existing column of ‘other’ by the term “Transgender Gender’. These authorities should also consider accepting, their existing, residence for the address proof and Gurus as thelt parents. 402.25 School /College Admission Forms: The University Grant Commission (UGC) notification issued on July 2014 in line with the Supreme Court judgment in April 2014 that carved out an independent status for the third gender to provide transgender students a special status. Now universities have started taking steps to include transgender students as a separate category in iis examination and admission forms from the academic year 2015-L6onwards, Universities have started to instruct their departments and affiliated colleges to provide admission facilitation and counseling facilities for transgender students. In nutshell, absence of property ownership, low economic status, poor monthly income, poor housing, lower education level, absence of legal documents of identity such as Election Photo \ Identity Card (EPIC), Aadhaar Card, and PAN Card and ration card, poor physical health status, absence of family support, hostile attitude of community and society are common problems of transgender people. literacy and low level of educational status and the lack of Tegal documents hinder their access to different social protection and livelihood promotion schemes like pension, micro credit, bank loan, etc. Low level of education and absence of vocational skills push them to low paying jobs, under employment or unemployment. Sorio-e commuic prope. at @eseeeeneveseensneaeeeeseaoeseecoeoesvneeseeneeee8Chapter 3 Discriminations and Human Right Violations and Coping Mechanism Im this chapter we discuss several kinds of discriminations and various forms of violation of human rights of transgender people. The prevailing coping mechanism is also covered. 3.1 Human Rights Violations 34.1 Identity Crisis and Human Rights Violations In India, gender expression combines elements of both masculine and feminine. Transgender faces severe discrimination in India. Gender determines every aspect of life of every individual including name, clothes, hair length, appearance, behaviors, occupation, mol 1 ete, Every decument of identity of a person such as birth certificate, ration card, voter card, pan card, passport, driving license and mark sheets/grade cards carvies the gender identification. Even the public utilities like toilets, security check at airports ete. are also gender specific. In the gender specific India, the right of a transgender to have an own identity is totally denied. Various human rights violations reported by the respondents during the survey is reported in Table 3.1. Majority of the respondents from both the states reported discrimination by the society. Around 40 per cent of respondents in Delhi and about 58 per cent of respondents in UP disclosed that they Tack a regular source of income. Abserice of support from family and family inheritance of property and assets was reported by 7t percent of respondents in Delhi and 77 pet cent in UP, Around half of the respondent from both the states have complained that they do not enjoy any legal right pertinent to marriage and property inheritance. 42eseeveononeceaeseeeesseeceseseeeeaeseseeaseeeoee Human Rights Violations Reported by TG: Delhi and UP Table 3.1 Discrimination in society Poor health ‘No source of Income 176 31 No role in decision making 780 40.88 No political participation Wa 3 130 28.88 ‘Absence of support from family and family inheritance of property and assets: 7a 37 al No freedom for legal marriage, having spouse and setting up of own family 202 aig 52 No housing/ Accommodation 144 32 730 28.88 Discriminations in the field of Activities Economic 46 O25 421 356 ‘Source: Feld Suroey ‘Muiltiple Response Questions 43tee ereccsccrcceroscccccsccvevececoces Fig:31 Form of Human Rights Violations TGin Delhi (5) 1176 in UP (36) 3.1.2 Discriminations at Education Institution Level About 28 percent of transgender people covered by the field survey faced harassment at school level, Fifty to percent were harassed by the students or by the classmates. Fifteen percent were harassed by the students as well as teachers, Twelve percent of respondents said that they were harassed by their teachers, Thirteen percent of transgender people were haressed by the non- teaching staff of the school. While 18.5 percent of them were physically abused, thirteen percent of transgender people were sexually harassed and sixty two percent were verbally abused, ‘These are some of the possible reasons for the community people not continuing studies. In fact, the staff and faculty of education institutions are totally unaware of transgender issues. ‘This indicatés that intensity of problems of transgender students, 7 ~Table 3.2 Discriminations at Education Institution Level “Harassment at school level Flarassment by the} 132 2 students or by the classmates Harassment by the] 39 5 students as well as teachers . Harassment by teachers 30 BR Harassment by the non-] 33 B teaching staff Physical [harassment a7 185 Sexual Harassment 3 B Verbal abuse 156 62 ‘Source: Field Survey Multiple Response Questions 4s@eeeoeoeseeeseoovoneeeeeeeeseeosneeeeoeoeeeoeeaseene Fig:32 Discriminations at Education Institution Level Sexual Harassment Morassmentby the non- Horas teachingstat by teachers Wass % o% 483.13 Discriminations in the field of Economic Activities About 92 percent of transgender people are highly deprived of the right to participate in any form of economic activities. They are totally invisible in all the spheres of economic activities. Low level of education and social exclusion limits their employment and livelihood opportunities. It is pertinent to note that there are several factors responsible for their economic deprivation. (See Table 3.1) 3.1.4 Disctiminations in the Family While about 18 percent of transgender people in Delhi and 21 percent in UP maintains the relation with the parents, even though they are not treated at par with other members of the family. Parents do not play a proactive role in the case of transgender children, Instead, they suffer verbal and corporal abuses at the hands of their parents, siblings and other family ‘members are reported by mast of transgender people covered in the field survey. Tt lakes years for transgender children to understand that they are transgender and different from male or female, Most of them keep it as a secret for long till when they realize that I impossible for them to hide it forever. When they communicate the seality to parents and family members, transgender children get unfair treatment. Most of parents and family members consider the status of transgender as physical and mental defects. There are several cases of transgender people who had undergone severe mental strain and agony. By and large, transgender people are excluded from their families and do not get any support including livelihood support. 3.15 Discrimination in the Society ‘Transgender faces discriminations from the local communily, neighbours and the society as a whole, They are not in the mainstream activities of any society. They are not invited for any social activities or social functions. They are invisible in the society as a whole. Aintost all the respondents (99 percent) participated in the survey revealed that they have suffered social ejections in more than one occasions in the past. (See table 3.2) 47. @eeeeeeseoeneovneeeeoesceeeeeseeevoeseceseoeee8 3.1.6 Discrimination in Employment Market and at Work Place About 96 percent of transgender people reported that they were denied in the employment market. Many of them were forced to take low paying work or undignified work as their livelihood such as tdini, begging and sex work and they are exploited by clients and beaten up. ‘They face stigma and discrimination at work place. Some of them were forced to leave the work ina short period of time, According to 89 per cent of transgender persons covered under the survey there are no employment opportunities even for a qualified and skilled transgender person, About 23 percent of transgender people indicated that the unavailability of livelihood compels a section toengage in sex work with its associated health-related risks. If employment opportunities are provided, they are ready to take any alternative livelihood option or job. 3.1.7 Discrimination in Access to Law ‘Access to justice for transgender people is at a lower level. They do not get justice from police, if they approach. Further harassinents by the police and difficulties in paying bribe to police discourage transgender people from approaching police authorities “There are cases of gang rape of transgender people. They cannot even go to police station for seeking help and assistance. Some of transgender people reported that they try to be presented as male in order to avoid rape. Transgender community in general and a transgender person in particular do not form a sizeabll, large or noticeable vote bank for political parties to canvass, Hence the political discourse and appropriate legislations to address their grievances are not taking place (See Table 3.1). 3.7 Denial of Health Rights About57 percent of transgender people covered under the survey showed keen interest in getting sex realignment surgery. But they cannot afford it due to the cost involved, Many young transgender people who do not have any support from their parents are depressed since they cannot get operated upon without consent of parents. Some of these young transgender people resort to birth control pills, hoping that the high estrogen will help them feel like women while health experts find these pills will cause harm to these transgender people. Transgender people have a raft of surgeries available to make the “gender transition”. For those wishing to be 43female, the procedures are neo-vagina creation, penectomy (removal of the penis)orchedectomy (removal of the testes), clitoroplasty (construction of a clitoris), breast augmentation, rhinoplasty and hair transplantsFor adopting the male gender, bilateral ‘mastectomy (removal of the breasts), hysterectomy (removal of uterus), oophorectomy (removal of ovaries) and phalloplasty (construction of penis) are among, the surgeries required. The authorities will also have to provide HIV surveillance centres as transgender persons are seen as vulnerable.Sex Reassignment Surgery (SRS) is an important aspect of transgender issue. There are different varieties of surgery, ie, General surgery and specialized surgery. Dr, Kaushik in Pitampura is a doctor specialized in the surgery. The normal fees of surgery for planting womb are in the range of 1&s. 3 lakh- Rs lakh. Transgender deserves help, proper support and assistance to undergo sex realignment. Unfortunately, transgender people are deprived of all these health services as they are poor and isolated. 31.8 Housing: Right to Accommodation Housing is a serious problem of a Transgender in any parts of India. The case reported in Box: 3.1 is one among several. As discussed in section 2.1.6, several cases of denial of accommodation, both monthly rental accommodation and hotel accommodation to transgender people are reported from different parts of India, Due to the lack of identity documentation, hotel management and house owners quite often deny the accommedation to transgender people. Ownership of house is a dream for most of transgender people 31.9 Denial of Right to Marry ‘There is no legal support to a transgender for entering in to a marriage, having spouse and setting up of own family. Several cases of living. relation among transgender peopleare reported. Separation and collapse of the living- in-relation have resulted in the exploitation of money, assets of several transgender people (See Box 35) 49Box 3.1 Case Study: Transgender Told to Vacate Mian Flat A young transgender film-maker was asked to vacate a flat in Jogeshwati in ‘Mumbai she moved into a couple of weeks ago as the owner wanted to avoid “gay people” living in his house as neighbours might object. “He probably used the word gay because he may not know what transgender is,” said Joe Paul, describing what her broker Jehangir told her on Monday. On being contacted, Jehangir said it was his mistake, he should have checked with the ‘owner whether he would rent toa single person. Paul, a 28-year-old freelance ad-film director from Kolkata, refuted the broker's claim that she was being asked to move out because she was single; she was clear that she was being asked to leave on grounds of her sexuality, She had faced harassment for the + Louse Fy gem TA he pee Ove olan Box 3.2 Case Study: Livelihood Project With the support of Pahal, an NGO in Delhi, two transgender people- Meenakshi and Priyanke- set up a street food shop to sell momos, a dish with steamed vegetables or ‘meat, in East Delhi. Initially sales were not good. In order to increase the sales they have increased quality of momos. But within a span of one month or so the shop has registered good sale generating a reasonable level of income, ‘The success of the business has increased the confidence of the both the transgender persons. 50SGeeeeoseseeoeevwveeseeseeneeeeseoneeeeve8e8 Box 3.3 Case Study: Termination of Job Poonam, a transgender women in Pandav Nagar, Delhi was working with a Call Centre. Her employer was quite satisfied with her performance and efficiency as she was sincere and devoted to her work. She was the only ‘Transgender and most of the employees were staring at her and watching her movements. She became a source of attention to other employees and some of them in the Call Centre had asked the owner to terminate the service of Poonam, a transgender woman citing the reason of diverting the attention of other employees. Subsequently, the employer had terminated her service and she lost the job with the Call Centre, 34.10 Denial of Human Rights under Guru Chela System in UP and Delhi Those are some challenges from within the community. The prevailing guru-chela system is an obstacle for youngsters in availing opportunities as senior community members are not enthusiastic and encouraging. “Seniors are not educated enough” and they camot understand the relevance of education and skill development, An innovative approach is required to develop a sense of responsibility and ownership among all the age groups of TGs in Guru- Chela system, s1@eveeseeonoveoeonseanvneseoseeeeseeeesueseseeonese8 Box34 Case Study: Family ~ Guru Chela Relations Alisha, 23 years old transgender is a counselor with Pahal Welfare Society, Kenpur, Delhi, an NGO working for the welfare of TG, This social worker is holds BA. degree, ‘The transgender’s parents who want to see Alisha as a son call the transgencler with the male name, Rakesh. Theiparents have got ration card, Aadhar card and voter id cand in the name of Rakesh, Alisha is Keen live as transgender with own identity. The Guru, after joining the Hija community, has given the name Alisha, Unfortunately Alisha now is notin position to get any identity document in the name of Alisha, Most of the time she had been staying with Guru 13 years, Now she does not live with Gura and stays with a parter in a family set up though it is illegal. Once in a while she goes to meet parents. Itis interesting to note that Alisha give a part of earnings to her parents, Alisha is quite keen to maintain the identity of transgender and the relation with the fail. 32 Coping Mechanism ‘The interventions of a few NGOs and activities of Guruchela system can be considered as coping mechanism under which the stresses of transgender are managed and to a certain extent acted upon, =~ s 3.2.1 Discriminations and Human Right Violations and role of Voluntary Sector: In Delhi and UP a few NGOs have been working for the cause of transgender people. Some of them have been providing support services to them. For instance, People for Parity (PRP) , an NGO based gender -based violence prevention i ative in Delhi , organizes regular fellowship of youth where several TG participates and share their problems and concerns. Similarly another NGO namely Paltel have made interventions to address various forms of discrimination. They have 82@eeeeeveeeoeceoeasoneoecevoeseneeensesceoaeeeeavneseoe organized training programme on livelihoad such as food counter, cultural development focusing on dance and song practice for stage performance in public programmes. They have organized advocacy programme for issuing identity documents from various government agencies. It may be noted that NGOs get support from certain ministries and departments. 3.2.2 Significance of Guru Chela system as Coping Mechanism : Under Guru Chela system , afier rejection by their family, they lose their identity and face many challenges and live their entire life in fear of discrimination and stigma, but a Guru or Nayak gives them protection and shelter. Box 3.5 Broken Marriage and Exploitation of Wealth ‘Vijay, 93 years old transgender was married to Vipin, a male in Bijnore, UP in 2003, Both lived together for six years happily. In 2009, Vipin left Vijay and within three months married a female and moved to another district in UP. Vijay said that Vipin’s intention was to exploit her money and wealth, In fact Vipin had taken away savings of the transgender spouse. Since the marriage of a transgender is illegal, Vijay cannot approach any court for any compensation or any form grievance redressal. Transgender with good leadership quality is generally chosen as Guru, ‘Though age is not a criterion about 65 percent Gurus under the survey are above 40 years. Guru chela system is the best alternative option for a transgender. Guru chela relation provides a certain level of protection. It takes take care of old age life in a limited way. It ensure a consistency in the income flow while 50 percent of the income will have to deposit with Guru and the remaining 50 percent can be spent by transgender for current needs. Guru will takes care of unforeseen 83SeevevseveeveeesevneeeRoanaoaeeaBeocseoasseaevs,enen contingencies and meet the expenses during lean period. There are certain strict guidelines and restrictions for each TG under Guru Chela system, These restrictions are related to dress code, speaking, addressing guru and other members, showing respect to Guru and following rituals In nutshell, the rights of transgender people are largely compromised. Transgender persons are in a sense of isolation, within households, communities and institutions, in the midst of rampant societal gender discrimination, They face several forms of discrimination, Their tight to education, right to work and legal protections are totally neglected. Access to several services especially general health services, HIV and AIDS, gender-affirming health services for transgender is poor and their rights are disregarded and issues of the transgender community remain unaddressed. 3Aeo eccsccvccesecccsceserescsvercccseces Chapter 4 Analysis of Policies and Welfare Schemes for Transgender in India In the chapter the Iaws and policies of government of India and various state govemmments towards transgender people are analyzed. ‘The Supreme Court judgments in respect of rights and privileges of transgender people and steps taken by the Contra and State Governments for their overall developments in the light of the given policy, laws and judgment are covered. 41 Empowerment of Transgender in India: Laws and Policies of National and State Governments in India ALI Judgments: A few progressive judgments by the courts in India have been made to elevate the status of the transgender people in India. In the state of Tamil Nadu they were legally given voting rights as a third sex in 1994. In 2003 a transgender applicant was allowed to sit for the Tamil Nadu civil services after court order. On 14 April, 2014, Supreme Court identified transgender as third gender, directs states to treat them as “sbdially” and —— ee a educationally” backward classes and extend reservation in education and employment A hijra woman was allowed by the MP High Court to receive property from her Guru because the court accepted that the community cannot transfer property to anyone outside of the community. In this ruling the court explicitly acknowledges the existence of a distinct ‘eunuch’ class with its own customs and rituals that must be respected! ‘The Naz Foundation India filed a public interest litigation in the Delhi High Court challenging the constitutionality of Section 377 of the India Penal Code, which makes it illegal to engage in any “annatural" sexual act, defined as sex other than heterosexual intercourse. The Delhi High Court dismissed the original writ of petition in 2004 for lack of a cause of action, However, on civil appeal the Supreme Court of India set aside the dismissal and ordered the Delhi High Court to hear the petition on the merits. The petitioner argued that Section 377 encouraged discriminatory attitudes, abuse, and harassment of the gay community, and significantly ‘llyas and Others v. Badshal alias Kamla, AIR 1990MP 334 55impaired HIV/AIDS prevention efforts and access to treatment. The Court found in favour of the petitioner and held that Section 377 was unconstitutional?, The Court found it violated the Fight to dignity and privacy On 24 April, 2015, a Bill on transgender rights, seeks to mainstream transgender was passed by Rajya Sabha. lit a rare action, Bill of a private member, who is from ‘Tamil Nadu, protecting and providing rights for transgender was passed by the Rajya Sabha. ‘The Bill seeks protection for transgender rights and guarantees seservation in education and jobs, financial aid and social inclusion (The Times of India 2015). In its current form, the Bill has aspects that concern at least nine different ministries and there is a need for more inter-ministerial consultation. The Bill has 58 clauses in 10 chapters dealing vith different aspects ranging from socal inclusion, rights and entitlements, financial and legal aid, education, skill development to prevention of abuse, violence and exploitation. The Bill provides for creation of wolfare boards at the Centre and State level for the community, ‘Transgender Rights Courts, two per cent reservation in goyerment jobs and prohibition of discrimination in employthent..It also makes provisions for pensions: and unemployment allowances for members of the community. The ‘Rights of Transgender Persons Bill, 2015" prescribes that no child, who is born a transgender, shall be separated from his parents, Only 2 court order can take the child away from the parents, and courts too can intervene only in the interest ofthe child, like in cases where the immediate family is unable to care for a transgender child, The bill says transgender people will be identified as OBCs and will be eligible for job/education quotas available to the Mancial bloc, except those born in SC or ST families who can tap their community's quota, Crucially, the bill is strong on gender rehabilitation. A transgender will be free to choose sex-male, female or ‘third gender’ -and local authorities will have to provide for a free “Sex Reassignment Surgery”. The 2015 bill seeks to main stream transgender, the government's hand forced by a Supreme Court order and an unprecedented Private member's bill passed by Rajya Sabha in April 2015.Besides ensuring a family life for Naz Foundation os. NCT Dell (2009) 160 DLT 277 56transgender people, the bill enjoins upon local governments to provide them admission in educational institutions without discrimination and with financial help. A transgender, if le, can also appear for any job in sectors identified in the bill. This is the first time in 45 years that a private members’ Bill has been passed by the House. The government assured the House that it would bring an updated Bill in the Lok Sabha, While the Goverment of India has accepted the spirit and sentiment of the Bill, itis in the process of bringing a fresh Bill after cr removing the impractical clauses, Provisions in Indian Penal Cade: Police Atrocities on Transgender People: Cases of atrocities by Police against Transgender people have been highlighted in media and brought to the notice of Courts, although no separate data is maintained by National Crime Record Bureau (NCRB). ‘However, there has been no evidence or study of systemic bias or discriminatory attitude in law enforcement agencies against transgender people. The issues of atrocities and harassment by police are mainly due to lack of proper awareness on applicable legislations on transgender people and sensitization in police. In cases of reported crimes by transgender people, the law enforcement agencies are often at loss to ascertain applicable provisians of law and sometimes these have led to accusation of excesses by Police on transgender people. On the other side, a section of transgender people sometimes take advantage of the lacunae of law and resort to antisocial activities which become difficult to contain. Sec. 375 of the IPC: The Criminal Amendment Bill 2011, introduced in Parliament, proposed to replace the word ‘rape’ wherever it occurs, in relevant sections of IPC by the words ‘sexual assault’, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault. However, this has been expunged in the Criminal Law Amendment ‘Act 2013.The petition against the order and judgment of Hon’ble Delhi High Court for repealing, see. 377 IPC is sub judice before the Supreme Court, 41.2. Government of India: National Policy While the States formulated schemes for the transgender community, a national policy is not yet ready in India, Ministry of Social Justice, Government of India has asked the States to submit oTB@Peoseeseeseeoseeoneaescesesesneevnenseeeveeseeeeneneee 8 comments on finalizing the modalities for setting up the welfare boards. Government of India has asked various states to carry out registrations and surveys of transgender persons. 4.2, ‘Transgender Population in India Let us discuss the size of transgender population in India in order to understand the magnitude of their welfare needs. In India, total population of transgender is around 4.88 Lakh as per 2011 census, Uttar Pradesh has 137,465 transgender people followed by Andhra Pradesh (43,769), ‘Maharashtra (40,891), Bihar (40,827) West Bengal (30,349 ), Madhya Pradesh(29,597_}, Tamil Nadu (22,364 ),Orisse (20,332), Karnataka (20,266), Rajasthan(16,517), Jharkhand(13,463), Gujarat(1i,544), Assam (11,374),Punjab (10,243 ),Haryana(8422_) .Chhattisgarh(6,591 Uttarakhand (4,555 ) and Delhi (4,213).A reliable statistics on transgender population in India is unavailable though they were included in 2011 census. During our consultation with experts in various states it was stated that census data is unreliable due to certain reasons such as accommodation and behavioral pattern of transgender community. Some experts argue that the population can be in the range of five to six millions as a large number still keep the gender status as.a secret.SGeoeeeeseeeeoeonseseoeaseeeeeneeevee eee eeeeeeened Table 4.1 ‘Transgender Fopulation SLNo | State Transgender | Child 05) | SC 5 Literacy persons INDIA 497,803 | saga | 7esn1 | 53298 | S607% T UtiarPradesh| 137465 | 18734 | 26404 | 639 | 55.80% 2 Andhra 43,769 4,082 6,226 3,225 53.33% Pradesh 7 3 ‘Maharashtra 40,891, 4,101 4691 3,529 67.57% a Bihar 40,827 5971 625 306 | a5 3 WestBengal | 30389 237% |. 6a | 1a | SORE @ Madhya EST Sao 4360 [5250 | BoT Pradesh 7 Tamil Nadu 22508 1209 | 4208 10 | 87.78% 8 Orissa 20,332 2,125 3,236 4,553 54.35% 9 Karnataka 20,266 L771 3,275 +1324 58.82% 0 Rajasthan 16517 2012 2,981 1805 | 4834% n Jharkhand 13,463, 1,593 1499 3,735, 47.58% 2 Gujarat Th 1,028 eet 7238 62.82% B Assam: 11,374 1348 77a 1,223 53.69% u Bunjab 1028 a8 3055 ° 7% 15 Haryana 8,422 1,107 1456 0 621% cry Chhattisgarh | 6557 706 WB 196] S1a5% 7 Uttarakhand 4,555 512 71 cy 62.65% 59SOSOSTCHESEHHEHSSCECHHOHOCOC SO HOSES OLCEHECKREOCEE 8 Delhi 423 aT 190 0 62.99% 20 Jammu and a7 a7 207 385 29% Kashmir 2 Kerala 3902, 25 387 3 eI% 2 Himachal 2,051 1a 8B 18 210% Pradesh : B Manipur 133 7 0 a8 67.50% a ‘Tripura 833 6 12 Tat 7L19% B ‘Meghalaya 7 ta 3 30 37.40% 26 “Arunachal 15 a 0 SIT 52.20% Pradesh E Goa 388 Er 9 B 73.90% 8 Nagaland 38 @ 0 5 70.75% 2 Puducherry 22 16 D 6 0.59% 30 Mizoram 166 % 1 146 e714 at Sikkim 16 cry 9 7 See 32 Daman and 8 10 T z Fale Diu B ‘Andaman 7 5 0 3 73.81% and Nicobar Islands M Dadra and B 5 0 2B 73.68% Nagar Haveli 35 Takshadweep 2 0 0 2 50.00% Source: Census 2017| seeoseeoeeeeoeosoeoeseeoeeeseneeeeeneoesdeeneeed 43 Welfare Schemes for Transgender People in Indian States and Select Foreign Countries in a Comparative Perspective, 431 Tamil Nada ‘Tamil Nadu is a front running state in providing welfare support to transgender people. Tamil Nadu established a transgender_welfare board, in. April,2008-with representatives from the transgender community. Social welfare minister serves as the presiclent of the board. Free sex reassignment surgery for trans women is made available in select government hospitals in the state, ee “ Tamil Nadu has given free housing and full scholarship for her education of transgender persons, Alternative sources of income ate provided through formation of SHGs of transgender people. Under the initiative of state welfare.board, 1D cards are distributed to 3928 transgender petsons; ration cards have beei sued to 1544 transgender people; house patta issued to 1053; tailoring machines distributed to 102 jinsurance certificate given to 660 transgender people. Self Help Groups of transgender people have been formed and Rs. 154 lakhs have been given as Joan to SHGs. Further, 20 percent interest subsidy has been given to their loan repayment, The government of Tamil Nadu has issued separate food ration cards for transgender people. Tami] Nadu state government's “Aravani {male-to-female transgender people) Welfare Board’ has given identity card for Aravanis. Social Welfare and Nutritious Meal Progranune Department of Tamil Nadu helped to issue ID Cards through Transgender Welfare Board, Based on the ID Card they are now able to get Ration Card, Voter ID, ete. ‘The transgender welfare board has focused only on the development of trans women, Recently it has started to examine the rights of trans men and gender variants, Welfare measures of Tamil Nadu include creation of a database for transgender people; a government order for admission of transgender in to govemument run schools and colleges. Seats have been reserved in colleges and universities of the state for members of the transgender community. Specific schemes implemented by Social Welfare Department of Tamil Nadu for transgender community include providing transgender identity cards, house sites 62seeesoseeeeeeoseseveseeeoeseseeveseeovesnes ed with title deeds, house construction support, ration cards for public distribution , income generating activities, formation of Self Help Groups, free supply of sewing machines, training in beauty therapy and arts scholarship for education, Tamil Nadu had the most progressive welfare schemes for transgender people offering training and financial assistance up to Rs 20,000 per month to each transgender. ‘The state government issued orders, in late-2006, directing the school and higher education departments to ensure that TGs are not denied admission to schools and colleges. Counseling, has been made compulsory in schools (through teachers, counselors and NGOs) for students ‘with behavioural issues, and their families. Tamil Nadu government issued an order on May 2008 to create a third gender_coliemn.in application fount for adinissions to gavernment colleges toimprove the ‘education of transgender people. Grievance redressal meetings were held nance in Uaree months in every district. This initiative has been particularly successful in opening divect channels for dialogs” and’ négotation between the community and the administration, “Issues discussed during the meetings were housing, Publie Distribution System (PDS) cards for subsidized food and fuel, and the repeal of Section 377 of the Indian Penal Code, which criminalizes sexual expression by homosexwals, bisexuals and transsexuals. Tamil Nadu AIDS Initiative had formed a federation of 20,000 transgender which provides various health services to its members, It operates rural community clinics and it conducts skill development and financial literacy programmes. The transgender people from Chennai district receive subsidy from the Government of Tamil Nadu and obtains loans from the commercial bank for setting up of income generating activities such as trading of garments. Some of them carry out their business from their houses. Some of transgender people sell sarees, night ware and other clothes within their transgender communities and others in the locality. Monetary help up income generating activities. Examples of income generating activities are seasonable work like Idli making, Vegetable and Flower selling and selling of cooked maize etc. en by the Government through the Transgender Welfare Board has helped them to set 62e e e e e e ® ® e e e e e e . e e e e e e e e e e e e e e e e e e e e e e Medfa in Tamil Nadu has been playing critical role in creating awareness about the rights of transgender people. In a monumental push in breaking taboos, the Tamil cable channel STAR Vijay started a talk show hosted by a trans woman named Rose. The programme is called “Ippadikku Rose”, Kalki Subramaniam, a transgender person born in Pollachi, Tamil Nadu performsa lead role in a new Tamil movie “Narthagi’. A telephone helpline called “Manasu” ("Heart” in English) (0091-44-25990505) was set up by Tamil Nadu AIDS Initiative-Voluntary Health Services (TAI-VHS) for members of the transgender community, their families and the public, It functions between 10 a.m. and 6 p.m. Tt was launched by the then Principal Secretary of Health Department of Tamil Nadu in March 2009, The helpline supports transgender people in finding employment opportunities. Sahodart Foundation is an organization working for the transgender rights. Sahodari Foundation, founded in 2007, is a well-known organization in India for its creative and alternative advocacy methods. Srishti Madurai launched India’s first helpline for LGBT on October 2, 2011 at Madurai. Later, in June 2013 the helpline tuned to offer service for 24 hours with a tagline “Just having someone understanding lo talk to can save a life”. 432 Sikkim ‘The State goverment of Sikkim provides monthly stipend of Rs. 2000 to newly born transgender babies in Sikkim (Government of Sikkim, 2014). The State government sponsors the ‘education of such children. 43.3 West Bengal West Bengal government has set up a separate wellare board for transgender oni5 July 2014recognizing transgender people as the third sex to address all their grievances. Various measures taken by the government include appointing India’s Bist transgender college principal; setting up the counhy’s third Transgender Development Board; considering the appointment of community members as civic police volunteers and constructing separate toilets for them (Hindustan Times, 2015), The Welfare Board of Transgender recognizes all transsexuals, whether biological or post-operative. West Bengal Government has introduced the Sextial Reassignment Surgery (SRS) facility at a few leading government hospitals as it is acostly affair if performed in a private hospital, Moreover, it should be carried out with adequate precaution to prevent future health hazards. It has also offered dedicated beds to members of the community in all state-run hospitals. Dedicated beds may help them avail of proper treatment, 434 Kerala ‘The state of Kerala has a comprehensive policy for the third sex, aimed at giving them equal treatment and opportunity inclu ig job reservations, It has set up an exclusive transgender justice board to hear their complaints and grievances. It has started to provide free legal aid to check discrimination and harassment. It has started to sot up new comfort stations and toilets and a separate block for third sex inmates at some prisons. A 24x7 crisis management helpline is floated with the help of NGOs to redress thelr problems. Sangama is an NGO working in 10 districts of Kerala from 2010, implementing Global Fund Pehchaan Project reaching out to MSMs (men having sex with men). In Kerala the population of Transgender people are very less when compared to other Indian states due to various reasons. Transgender people in Kerala migrate to cities like Bangalore, Hyderabad, or Delhi as people in their home State do not accept them, Department of Social Justice Government of Kerala commissioned a project to conduct a socio-economic and situational survey of transgender people to sexual minority of Kerala to Sangama, in April 2014, The survey has identified over 25,000 transgender people in Kerala. Sangama, the non-governmental organization that works for the rights of sexual minorities conducted the survey in 14 districts of the state, 43.5 Rajasthan Rajasthan has a pension schemes to transgender people. Transgender people can live in old age homes supported by Government of Rajasthan. They are given benefits in the states schemes like allotment of house and land, Rajasthan has a welfare scheme but limited only to persons identified as hijras who make less than Rs 60,000 a year upon proof to the government. .6 | Madhya Pradesh ‘The Madhya Pradesh Government formed a board which maintains a database of transgender persons in the state provide them with government jobs as per their educational qualifications, 64‘The State of Madhya Pradesh has taken a few steps to encourage the transgender to work in many of government's awareness program in the field of literacy, sanitation and health. The Madhya Pradesh government has suggested that transgender be addressed by adding “Tgr” before their names on the lines of “Mr, Mrs. and Ms in English and "Ki" in Hindi, The state government has senta proposal in this regard to Government of India 43.7 Punjab ‘The Punjab goverment has created a separate category in application forms under which ‘transgender can apply for government vacancies, Although there was no bar on transgender to apply for government jobs, this is the first time the state has given them an option to choose their identity apart from the men and women categories, 4.3.8 Maharashtra ‘Maharashtra formed Transgender Welfare Board, It has set up a cultural institute dedicated to the transgender community, The Transgender Welfare Board and Cultural Institute help transgender to gain access to various goverrunent entitlements and services to transgender people, The Board has transgender community representation. 43.9 Karnataka The state of Kamataka has established a separate welfare board to address the human right issues of transgender community. The Kamataka government has introduced a pension scheme ‘My thii for the transgender community under which transgender people from the age group 18 to 64 are entitled to a monthly pension of Rs $00, Transgender people with annual income less than Rs, 12,000 per annum in rural areas and Rs, 17,000 per annum in urban areas are eligible for the scheme. They are required to submit relevant documents including a certificate from the Department of Health and Family welfare to prove their gender (Mitra Joy A, 2014). 4.3.10 Gujarat In the state of Gujarat, transgender rights activist Laxmi Narayan Tripathi and gay rights activist Manvendra Singh Gohil have played a vital role in promoting the interests of 55transgender. They have persuaded the state government to follow the Supreme Court order 2014 and as a result transgender welfare board is formed for the upliftment of the transgender in the state 4311 Delhi ‘The Government of NCT of Delhi provides 1000 per month to the transgender people who are living in Delhi at least for 3 years. Food subsidy for Rs, 600 per month is given under Dill Annashree Yojna.As per various studies, Delhi has one of the highest dropout cases. To help those who study in Classes VIl to X, government has proposed a monthly scholarship of Rs.150 for day scholars and Rs. 350 for those who stay in hostels, The scholarship is being reviewed every 10 months. Govemment of India has started involvement of transgender people in certain public utilities in Delhi. In 2014, they were roped in the creation of awareness about traffic rules among the public. 43.12 Andhra Pradesh Pension, housing, education support and SHG based facilities are made available to transgender in the state of Andhra Pradesh. The state goverment of Andhra Pradesh has set up the “Minority Welfare Department to develop welfare schemes of transgender people. 43.13 Chhattisgarh Welfare board was set up in the state and moreover, panels were set up in every district for the welfare of transgender persons, Counseling centers and skill development tnits to provide vocational training, ate set up in the state, The Government of Chhattisgarh has enacted Equal right and free education policy for helping transgender children in the state. 43.14 University Grant Commission initiatives and Education of Transgender Children ‘The UGC has issued a notification on July 2014 to facilitate the education of the third gender. Accordingly universities have started taking action. University of Mumbai has asked affiliated colleges to include transgender students as a separate category in its examination and admission forms from the academic year 2015-I6onwards. The university has also asked the 66colleges to provide counseling facilites for transgender students and address concerns of these students within 24 hours through grievance cells in colleges. For example, Mumbai University has issued a circular in 2015 as follows: “It is essential to provide separate rest rooms to the students belonging to transgender community. Provision of counseling to transgender people and other students so as fo enable them to assimilate as one student community will be a healthy practice for the varsity”. 43.15. International Practices and India/Select Indian States: A Comparative Analysis & Let us discuss the standards for legal recognition of gender identity of transgender people in India comparing international experiences. India vs Argentina's Self-determination Model Countries like Denmark, Malta and Argentina have made legislation related to self determination. These provide viable and human rights compliant legal recognition models. Some of European Union members have taken drastic steps. Following Argentina's lead, India can choose fo adopt the Yoryakarta Principles ~ that i adgpta madel of gender recopition that-does not rely on 2 diagnosis of gencier dysphoria by srofessionals, Rather, India’s Jaw can be aimed to allow individuals to self-identify as their own gender, 4 India vs Argentina's requirements for surgery and ID documents India can follow the lead taken by Argentina and depart from current standards in countries like South Korea and Japan by not requiring gender reassignment surgery, divorce, or sterilization in order to change one’s information on ID documents. Argentinean Gender Identity Law, Article 11.( Argentina's Gender Identity Law) enables trans people to change their name and sex details without requiring a medical diagnosis or specific medical interventions including those that would result in infertility. In doing so, it recognizes that identity does not depend on medical transition. In addition, the law guarantees access to trans-related health care con the basis of informed consent, with the costs covered by the national Mandatory Medical Plan. India vs Pakistan, Nepal and Ireland in the area of Third gender options Following Pakistan and Nepal's lead in recognising a third gender in all interactions between individuals and the states, India can consider allowing individuals to opt for gender categories oreosesecevseses Dap eeeseeceooesseeseosesese outside of the gender dichotomy of male and female. Qualitative research can be conducted with the transgender community to identify the best terminology /phrasing for this category. Cumtent efforis in India tht list ‘Other’ and “Eunuck could potentially be isolating for individuals who feel as if they are being stigmatized with these names. In this context, it is inyportant to note that Fakistan’s Supreme Court legally recognized thind gender persons as a category for state/ official identification documents and ordered the National Database and Registration Authority to issue these third gender identity cards to individuals identifying, In 2009, the Supreme Court of Pakistan ruled that a certain quota of all government jobs must be given to transgender persons. Ireland enacted gender recognition legislation that arms an individual's preferred gender, while protecting their right to privacy, personal dignity and family life, through a process that's efficient, fair and non-discriminatory. India vs Portugal in the area of Transparency and Flexibility India can follow the precedent established by Portugal, which currently is believed to have the most expeditious and transparent procedures for changing gender identity on official documents. In Portugal a decision for a change in name and gender has to be granted within a maximum of eight days following the submission of a complete application, and individuals are allowed to change their gender and name on their ID documents at the same time (unlike South Africa where individuals must submit two separate applications for these changes). Additionally, individuals can be allowed to change their gender on their documents multiple ‘times without penalty. India vs United Kingdom, Jersey, and Argentina in the area of Confidentiality Following the standards adopted by the United Kingdom, Jersey, and Argentina, India can consider not having public records of changing gender/name on documents. For example, in Argentina transgender people are specifically exempted from the requirement of announcing a ‘name change in the newspaper. Many transsexual people who are transitioning to the ‘opposite’ gender do not want their previous name and gender to be discovered. India, the state of Tamil Nadu vs Germany on Safeguards ‘This law sitould anticipate delays in implementation and provide.safeguards for this. Following examples in Germany and the state of Tamil Nadu, pethaps individuals who request 68gender/name changes can be provided with temporary documentation that lists their ‘old’ and ‘new/ names to facilitate this process. UK and No Unanticipated Legal Outcomes In the United Kingdom, change in legal sex does not have an effect on marriage and security benefits/pensions and do not adversely affect parenthood or succession rights, India can aim for this standard as well. ota Brazil, and Iran on Sexual Reassignment Surgery Sexual Reassignment Surgery as a Public Health Right: Following precedents established by Argentina, Brazil, and Lean, sexual reassignment surgery and hormone therapy should be defined as a public health right thatis made freely available at hospitals across India, As part of this mandate, resources must be provided to equip medical service providers with adequate technology and skills to undergo these highly complex surgeries, It is significant to understand that Thailand has provided several facilities to the Trans Gender Community. Sexual Reassignment Surgery (SRS) is available in Thailand, with indication that Thailand performs the greatest number of male-to-female (MIF) SRS in the world. However, although MTF SRS is easily accessible in Thailand, female-to-male (FTM) SRS is not as easily accessible and as advanced, It is also more expensive, In terms of legislation, transgender individuals cannot change their sex on legal documents regardless of whether or not they have undergone SRS, However, they have been facing several problems even now. Transgender individuals cannot ‘change their gender on identity papers in Theiland, Individuals must be of the minimum age of India to be eligible for sexual_reassignment. surgery. While, according to current medical guidelines, individuals need to be diagnosed with gender dysphoria to undergo SRS, individuals must be informed by trained professionals about the risks, complications, and other pertinent information associated with undergoing such surgery. In this context, it is quite relevant to discuss the Indian Standards of Care for Transgender People. The medical community in India must review the WPATH Standards of Care and identify what standards will be used. A procedure must be put in place to make sure that all individuals who choose to undergo such surge! ing fully informed decisions. In 2011, UNAIDS India convened a national working group to develop interim national guidelines for 6eeaeeevoeeeveecevoeeeeeeoeovneeveeseeeovneneeene ec eee SRS for male-to-female transgender people in India. There is a need for a comprehensive set of guidelines for gender transition for transgender people in India, which needs to be developed or finalised with the consent of Ministry of Health and Family Welfare. Need for Non-iscrimination Law in India India might need a special law like the 2010 Equality Act in the United Kingdom, which tackles the issue of discrimination on the basis of gender identity as well as sex/ gender reassignment. The US. Equal Employment Opportunity Commission, in a 2012 decision, ruled that discriminating against someone because that person is transgender is discrimination based on sex, which violates Title VIL. There are laws that specifically protect transgender students from harassment or discrimination. More and more, schools are protecting transgender students from harassment or discrimination. Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Mlinois, lowa, Maine, Maryland, Minnesota, New Jersey, New York, North Carolina, Oregon, Vermont, Washington, and the District of Columbia have state laws that specifically protect transgender students in public schools from harassment and/or discrimination. Here it is important to consider the need for partnerships with key stakeholders: Transgender rights often involve direct interventions and contributions by medical service providers, lawyers, judicial officials, the criminal justice system, and others who are involved with the process of transition and gender recognition. Therefore, it is important to build meaningful partnerships with individuals in a vast array of capacities in order to successfully realise these 4 4.4. Cases of Successful/ Popular Transgender Persons in In In a few states of India transgender icons and role models have emerged in different fields such as education, politics and governance, media and transgender activism, This has resulted in developing public interest in transgender community, though in a limited way. 44.1 Transgender in the field of Politics and Governance 44:1. In Madhya Pradesh, transgender Shabnam Mausi was elected to its State Legislative Assembly in 1998.She became the first transgender who was elected to public office. She vepresented the Sohagpur constituency in State Legislative Assembly from 1998 to 2003, It may bbe noted that transgender people were granted voting rights in 1994 in India, Shabnam Mausi is 70‘bom in a Brahmin family. Her father was a superintendent of Police. Even though she had completed only primary school level, she spoke 12 languages due to her wide travels, She spoke out against discrimination of Hifjra’s as well as to raise awareness on HIV/AIDS. In 2008, Hijea’s in Madhya Pradesh have announced establishing their own political party called “Jeeti Jitayi Politics” (JP), which literally means ‘politics that has already been won’. In 2005, a fiction feature film titled ‘Shabnam Mausi’ was made about her life. Although she is no longer in public office, Shabnam Mausi continues to participate actively in AIDS/HIV programme with NGOs as gender activists in Inclia. 4.4.1.2 Madhu, belonging to Dalit community, was the first transgender to get elected as mayor of Raigarh Municipal Corporation in the state of Chhattisgarh in January 2015.[t is interesting to note that a city in Chhattisgarh has elected the country’s first transgender mayor, nine months after a court ruled that transgender be recognized as a legel third gender. In 1999 Kamla Jaan, a transgender, became mayor in Katni, Madhya Pradesh. She was unseated after two and half years due to constant opposition by political opponents, In 2000, Asha Devi, a transgender was elected from Gorakhpur in Uttar Pradesh. She was expelled after three years. 4.4.2 Transgender in the field of Education 4.4.21 India has got its first transgender college principal when Manabi Bandopadhyay joined as the principle of Krishnagar Women’s College in West Bengal on 9 June 2015.Prior to that, she ‘was Associate Professor in Bengali at Vivekananda Satobarshiki Mahavidyalaya, West Bengal. ‘Though the selection was made by the College Service Commission it was supported by West Bengal Education Minister, The new principal has a strong personality to run the college smoothly. Manabi is a good academician and an able administrator. She has an adopted son and 92-year-old father. Manabi Bandopadhyay is the Vice chairperson of West Bengal ‘Transgender Welfare Board. 44.22 In 2014, Grace Banu was the first transgender student to secure admission in an engincering college, at the Alagappa Chettiyar College of Engineering and Technology, a self finance college. She belonged to Scheduled Caste, cyVocenereseeoeeeees 4.4.3 Transgender in the field of Media 44.3.1 Padmini Prakash, a 31-year-old transgender from Coimbatore, Tamil Nadu has worked with Lotus News Channel as morning news reader. Padmini is the first transgender television news anchor in the country. Padmini has acted in a television serial. She is a dedicated social activist for transgender rights, 44.3.2 Noori of the South India Positive Network has found a new visibility in the media. Noort, of the South India Positive Network, has worked for the welfare of around 2,000 HIV. positive members in Tamil Nadu. Nori, 60, who is also a transgender living with the virus as she was diagnosed HIV-positive in 1987. After stopping commercial sex work and she devoted her life for educating transgender people. 4.4.3.3 Transgender icons and television host Rose, India’s first TG television host. She, after hosting a half-hour chat show Ippadika, Rose (Yours, Rose) on Star Vijay, has become popular. The programme covers controversial topics such as pre-marital sex and legalization of prostitution. Rose is a talented person who played a significant role in changing the public perceptions of transgender persons. 444 Transgender in the field of Transgender Activism 4.44.1 Laxmi Narayan Tripathi is a famous dancer as well as dance instructor. Laxni was born in Thane in 1979 as the eldest child of an orthodox Brahmin couples from Uttar Pradesh. She ‘has represented transgender community in Asia Pacific in the UN. Laxmi was on the boards of several NGOs which conduct LGBT activist work. As the President of the NGO DAL Welfare Society, she has worked with other organization for transgender people in South Asia. Kalki Subramaniam is a transgender rights activist, writer and an actor who contest 2011 assembly election and 2014 general election. She has fought the elections focusing on issues of transgender community. Transgender Swapna and gender activist Gopi Shankar from Srishti Madurai staged the protest in Madurai collectorate on 7 October 2013 demanding reservation and to permit altemate genders to appear for examinations conducted by TNPSC, UPSC, SSC and Bank Examinations. Swapna, incidentally, had successfully moved the Madras High Court in 2013 seeking permission to write the TNPSC Group IT examination as a ‘woman’ candidate, ne e e s ® e a s ®e s ® e ® e e e e e e e e e ® e ° e e e a e e e ea e ° 445 Transgender in the field of Literature 4454 “Vaadamalli” by novelist Su, Samuthiram is the first Tamil novel about Aravaani community in Tamil Nadu published in 1994.4. Revathi became the first transgender to write about transgender issues and gender politics in Tamil. Her works have been translated in more than 8 languages and acting as a primary source on gender studies in Asia. Her book is part of research project for more than 100 universities. She is the author of Unarvum Uruvamum (feelings of the entire body). ‘The book is the first of its kind in English from a member of the transgender community. She has also acted and directed several stage plays on gender and sexuality issues in Tamil and Kannada, “The Truth about Me: A Hija Life Story” by ‘Transgender A. Revathi is part of the syllabus for final year students of the American College in Madu 45 Transgender Services and Transgender Movements In States of Tamil Nadu, Maharashtra, and West Bengal which have highest number transgender CBOs/NGOs that are involved in various strong transgender movements, Continuous advocacy progammes with government and other stakeholders have resulted in improved services for transgender people. ‘Tamil Nadu is the front running state in implementing welfare programmes for transgender communities in India, Of late, a few other states have initiated welfare programmes in line with the state of Tamil Nadu. However, a large number of states have been quite slow in designing and implementing welfare programmes for transgender persons. a 2B@eesseeeaseneseoeu ceva eansé Chapter 5 Analysis of Laws and Policies for Transgender in select Foreign Countries In this chapter we examine the prevalent practices towards transgender in foreign countries and discuss the UN Yogyakarta Principles of international human rights law in relation to sexual ‘orientation and gender identity. 5.1 Practices towards Transgender in Select Foreign Countries ‘The Yogyakarta Principles on the application of International Human Rights Law in relation to Sexual Orientation and Gender Identity (2006), the Universal Declaration of Human Rights (1950), the International Covenant on Civil and Political Rights (JCCPR), 1976, and comparative law from the United Kingdom, the E.U,, Germany, Argentina, South Africa, the United States, Hungary, Australia, Malaysia and New Zealand influenced different intemational practices towards transgender people. Gender equality has been gaining attention international law and 50 far twenty-nine countries have made legislations on the rights of transgender people, Some of these countries have recognized fundamental rights of transgender people. 541 European Union European Union member states often use the definitions above differently as 14 member states (BE, DK, ES, FR, IT, LV, HU, NL, AT, PL, SK, FI, SE, UK) treat discrimination on grounds of transgenderism as a form of sex discrimination, Another 2 member states (DE, CY) treat that discrimination as sexual orientation discrimination and 11 Member States (BG, CZ, FE, IE, EL, LI, LU, MI, PT, RO, St) do not have legislation or case law to set out the form of discrimination. ‘The Court of Justice of the European Union, on 27 April 2006, confirmed that discrimination on ‘grounds of gender reassignment has to be considered as discrimination on grounds of sex. The most advanced legislations on this issue are the Hungarian Act on Equal Treatment which includes sexual identity as one of the grounds of discrimination and the UK Gender 4Recognition Act 2004 which considers that a person who has a full Gender Recognition Certificate cannot be discriminated against other than on grounds that would apply to anyone else of his/her acquired gender. The distinction between sex discrimination and sexual orientation discrimination is very important, because in the first case the legislation on equal ‘treatment between men and women applies, As shown in Table 5:1 in April 2010, the Council of Europe's Parliamentary Assembly adopted a resolution on discrimination on the basis of sexual orientation and gender identity (European Parliament 2010). ‘There is no case law as yet at EU level that addresses the issue of mutual recognition when a transgender person wishes to exercise his/her right of the freedom of movement within the EU. The problem may arise when gender recognition takes place in one member state and the person seeks recognition in another member state. ‘Transgender persons face problems in obiaining new identity documents with the appropriate name and sex change and this can prevent them from travelling, Regarding same-sex marriage and civil partnerships member states of European Union have rules."Ten Member States currently allow same-sex marriage: the Netherlands (since 2001), Belgium (2008), Spain (2005), Sweden (2009), Portugal (2010), Denmark (2012), France (2013) the UK (England and Wales, 2013; Scotland 2014), Luxembourg (2015) and Finland (effective from 2017), In Ireland a referendum on legalizing same sex Marriage was held on 22 May 2015. In Slovenia, Parliament approved a bill on 3 March 2015 by a vote of 51 to 28, The bill now needs to be signed into law by the President, with a referendum to be held beforehand. If the law is implemented, Stovenia will become the first country in central Europe and the first country in post-communist Europe to allow same-sex couples to marry. The remaining couniries recognize unions similar to marriage or some weaker form of contracts or registration or do not provide for any legal scheme for same-sex couples. Registered/civil partnerships do not exist in Bulgaria, Italy, Latvia, Lithuania, Poland, Romania and Slovakia. In Estonia, a Cohabitation Act is due to enter into force in 2016, provided that several implementing acts are passed” (Enropean Parliament 2015). Tt may be noted that there are movements in many European countries supporting the introduction of more rules and guidelines to meet the genuine needs of transgender people. For 1sinstance, Ireland, a member of European Union, legally recognizes transgender in June 2014 through the enactment of revised General Scheme of Gender Recognition Bill 2014 .The failure to introduce legal gender recognition has left transgencler without formal Jegal status and had significantly impacted upon their ability to access basic services such as social security benefits, education and transport. Transgender Equality Network Ireland (TEND) asked to the advancement of the Bill. Transgender Equality Network Ireland suggests that parents and guardians should be allowed to apply for legal recognition on behalf of trans and intersex young people under the age of 18 years. Moreover, this process should not be unduly onerous or restrictive, TENT also strongly supports the introduction of guidelines to support the inclusion of trans and intersex young people in schools. In November 2014, Germany officially recognized a “third gender” category, this time on birth certificates for intersex infants. If children show bath male and female characteristics, parents can now mark their birth certificates with an “X,” for undetermined gender. The law gives the possibility fo iren (as many as 1 in 2,000 babies) to decide thoir gender identity ‘once they reach an adult age, and not to be labeled mate or female at birth without their will. tersex 76Table: 5.1 Prevalent practices towards Transgender in Foreign Countries Discriminat | Gender Possibility | Possibility to | Possib | Obligatio ion reassignment | to change ility to | nto law requirements | Change | Birth Certificate | marry | divorce name in in togeta case of New | new gender gender | gender reassignme nt Belgium Hormonal | Easy, Yes, after gender | Yes | Yes (Be) treatment | without _| recognition’ and/or medical | certificate surgery evaluation | (including Mental Health evaluation, hormonal treatment and sterility required) Bulgaria | NoTaw Hormonal | Noiaw~ [No law Nolaw | Nolaw (BG) treatment and/or surgery Czech | Nolaw Hormonal | After Yes, but Menial_ | Nolaw | Yes Republic{ treatment | medical | Health cz) and/or evaluation | evaluation, surgery and/or —_| hormonal surgery | treatment, secondary : sex characteristics surgery required Denmark | Sex Hormonal | After ‘Yes, butMental [Yes [No @K) iscriminati | treatment medical Health on and/or evaluation | evaluation, surgery and/or | hormonal surgery | treatmentand sterility required (Germany | Sua Hormonal | After Yes, but Mental | Yes | Yes )DE orientation | treatment | medical__| Health discriminati | and/or evaluation | evaluation, on surgery and/or | hormonal ”surgery | Geatinent, secondary sex surgery required Estonia |Nolaw | Hormonal | Easy, Yes Yes | Yes (EB) treatment without and/or medical surgery evaluation Ireland “|Nolaw | Noprovision [Nolaw | No No | Nolaw (IE) Greece | Nolaw | No provision | Aer Amended, but [Yes | Nolaw el) medical | Mental evaluation | Health and/or —_| evaluation, surgery | hormonal treatment and secondary 50x characteristics surgery required Spain (65) | Sex Nohormonal | After No. Yes | Yes discriminati | and/or medical on surgery evaluation requirements | and/or surgery France | Sex Hormonal | After ‘Amended but [Yes [Yer (ER) discriminati | treatment | medical —_| Mental on and/or evaluation | Health surgery and/or —_| evaluation, surgery | hormonal treatment and sterility required Tealy (| Sex Hormonal | After No Yes | Yes discriminati | treatment | medical on and/or evaluation surgery and/or surgery Cyprus | Sexual No provision [Nolaw | Nolaw No law | Yes cy orientation diseriminati on Tavia | Sex No provision | After No law Yes | Nolaw av) discfieninati medical 7%SGaeeoasceeseoceoaseooaeaoeeoeee Coenen eeeeeeseenee on evalwation| and/or surgery Lithuania | Nolaw No provision | Easy, Yes, butMental [Yes | No (Lr) without | Health medical —_| evaluation, evaluation3 | hormonal 2 treatment and sterility required and after genital surgery Trxembo | No law No provision | Easy, No jaw Yes | Nolaw urg (LU) without medical evaluation Hungary [sex no hormonal | After Yes’ No Taw | Yes (Hu) discriminati_| and/or medical on surgery evaluation requirements | and/or surgery Malta No law No provision | Easy, Nolaw No Taw | No Taw «wn without medical evaluation Netherlan | Sex Hormonal | After Yes Yes [No ds (NL) | discriminati | treatment —_| medical on and/or evaluation surgery and/or surgery Austria [Sex [Hormonal | After Yes, but Mental [Yes | Yes ary discriminati | treatment | medical | Health on and/or evaluation | evaluation, surgery and/or —_| hormonal surgery ‘| treatment and sterility required Poland | Sex Hormonal | Nolaw No law No law | Yes ey discriminati_ | treatment on and/or surgery Portugal | Nolaw Hormonal — | After No Non | Yes er) ‘treatment medical and/or evaluation surgery and/or Surgery, Romania_| Nolaw No provision [No law Nolaw No Taw | Nolaw 9(RO) Slovenia | No law No provision | Easy, No law ‘No law | No law sn without medical evaluation Slovakia | Sex ‘No provision | Easy, No law Yes | Nolaw 6K discriminati without on medical evaluation Finland No hormonal | After Yes, bat Mental [Yes | Yes C3) discriminati_ | and/or medical | Health on surgery evaluation | evaluation, requirements | and/or —_| hormonal surgery | treatmentand sterility requirement ‘Sweden | Sex No provision | Afier No, but under |Yes | Yes (62) Aiscriminati medical | review on evaluation and/or surgery United | Sex No hormonal | Easy, Yes, but gender [Yes | Yes Kingdom | discriminati | and/or without | recognition (UK) on surgery medical _| certificate requirements | evaluation | (including Mental Health evaluation, and real life experience required) ‘Source: Date elaborated by the Policy Department C- DG IPOL - Eusopensi Parfament, at Europea Parliament 2010 51.2 USA Nearly 700,000 transgender citizens live in the US, However, the US. government still does not allow for a third gender option on legal documents while other countries, particularly in Asia, have taken the lead on this issue over the past ten yeats. There are state and local laws that clearly prohibit discrimination against transgender people. California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia 80all have such laws. Their protections vary. For example, Nevada's law bans discrimination in employment, housing, and public accommodations like restaurants, hospitals, and retail stores; ‘Maine's law covers those categories plus access to credit and education. At least 200 cities and counties have banned gender identity discrimination, including Atlanta, Austin, Boise, Buffalo, Cincinnati, Dallas, El Paso, Indianapolis, Kansas City, Louisville, Milwaukee, New Orleans, New York City, Philadelphia, Phoenix, Pittsburgh, and San Antonio, as well as many smaller towns. The governors of In na, Kentucky, Michigan, New York, and Pennsylvania have issued executive orders banning discrimination against transgender state workers. Some cities and counties have also protected their transgender public employees through local ordinances, charter provisions, or other means. People discriminated against by public entities on the basis of gender identity might also be able to argue that I's action was unconstitutional. In respect of federal laws protect transgender people against housing and employment discrimination, USA has been lagging behind as US Congress has been slow to pass laws that clearly protect people against discrimination based on gender identity. However, in recent years a series of court decisions and other developments have made more and more clear that federal laws against discrimination based on “sex” apply to discrimination based on gender identity. Title VII of the 1964 Civil Rights Act prohibits discrimination on the basis of sex (among other characteristics) by an employer with 25 or more employees. Although there are some court decisions, mostly older ones, saying that Title VE does not prohibit gender identity discrimination, several federal appeals courts that have considered the issue recently have found some protections in the Civil Rights Act for transgender people. federal district court in Washington D.C. ruled that employment discrimination for transitioning from one gender to another is illegal sex discrimination under the Civil Rights Act. Tn a 2012 decision, the US, Equal Employment Opportunity Commission (EEOC) ruled that discriminating against someone because that person is transgender is discrimination based on sex, which violates Title VII. There are laws that specifically protect transgender students from harassment or discrimination, More and more, schools are protecting transgender students from harassment or discrimination. Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Ilinois, Towa, Maine, Maryland, Minnesota, New Jersey, New York, North Carolina, Oregon, 21