SOCIAL PROBLRMS FACED BY TRANSGENDER

SOCIAL PROBLRMS FACED BY TRANSGENDER

Author:- Azhar Ahmad Khan (Law Student at Integral University, Lucknow)

Transgender is an umbrella term for persons whose gender identity, gender expression or

behaviour does not conform to that typically associated with the sex to which they were assigned at birth. Gender identity refers to a person’s internal sense of being male, female or something else; gender expression refers to the way a person communicates gender identity to others through behavior, clothing, hairstyles, voice or body characteristics. “Trans” is sometimes used as shorthand for “transgender.” Transgender people Face social problems discrimination, harassment, and victimization in health care settings. More than a fourth of transgender people have encountered segregation by a doctor or have been denied enlistment in a medical coverage because of their gender identity.

Provisions of The Transgender Persons (Protection of Rights) Act, 2019

• The Act states that a transgender person shall have the right to self-perceived gender identity and prohibits discrimination on various grounds.

• Every transgender person will have the right to be included in their household, and in case the immediate family is unable to take care of the person, he/she may be placed in a rehabilitation center.

• The government shall provide education, sports and recreational facilities for transgender people. Provisions for separate HIV surveillance centers and sex reassignment surgeries should also be provided by the government, as per the Bill.

• In order to exercise the provisions and functions of the Transgender Persons (Protection of Rights) Act 2019, Government will set up National Council for Transgender Persons (NCT). This body will advise, monitor and review the policies and schemes formulated by the central government for transgender people.

The problems faced by the Transgender community in India include:

Discrimination: They are discriminated against in terms of education, employment and access to public amenities. They are also treated badly by the police and are prone to struggle for social justice.

Lack of family support: Once their identity is identified, they are forced and pressured to leave the parental home by society as they cannot be a part and parcel of normal community and class.

Unwanted attention: People give unwanted attention to transgenders in public.

Lack of medical help: They are vulnerable to HIV, depression, hormone pill abuse, tobacco and alcohol abuse, penectomy, and problems related to marriage and adoption.

                            The Supreme Court protecting the rights of transgender in NALSA v Union Of India,2013 The judgement was delivered by a two-judge bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri on 15th April 2014 although Justice Sikri gave a different opinion with some additional comments. The court in its landmark judgement relied on various judgements from foreign courts like New Zealand, Australia, Malaysia, Pakistan, and England. The Court made a distinction between Biological sex and Psychological sex. The Court said no to gender identification based on biological sex and gave full importance to identification based on psychological sex. The Court ruled that all provisions in the international conventions including the Yogyakarta Principles must be recognized and followed provided they align with the fundamental rights guaranteed by Part III of the Constitution. The Court held that transgenders fall within the purview of the Indian Constitution and thus are fully entitled to the rights guaranteed therein. Article 14 guarantees equality to “any person” which means man, woman, and transgender, and as such, they are also guaranteed equal protection of the law. They have equal rights in employment, health care, education, and civil rights. Discrimination on the grounds of sexual orientation and gender identity represents inequality before the law and unequal protection of the law and violates Article 14. The Court further added that transgender individuals have freedom of expression under Article 19 whereby they can talk, dress, act, and behave in a manner they like. They also have a right to live a life of dignity under Article 21.

Despite the dramatic progress of the transgender movement in the last decade, resulting in

greater public awareness and significant legal victories, trans people continue to face blatant

discrimination, high levels of violence, and poor health outcomes. Trans people of color often

face markedly worse health and economic outcomes as they navigate multiple systems of

oppression. Their conditions need to be ameliorated and it can only be done with the change of social mentality stopping to considering them different from male and females in society. They are biological human beings and they have equal rights as humans this realization needs to be done in the society. The concept of egalitarian society equally applies to them as other. The also come under the phrase “We the people”, they are entitled for same amount of respect as others. The society should tackle the problem and ensure unity and integrity of this world.