Rights of Transgender People
Abstract
We live in a democracy having diversity in terms of culture. religion, gender, etc. We embrace the diversity that we have and enjoy being a part of the diversity and at times, strive for equality and fraternity is some sort of imbalance occurs in the field of our diversity. But why are we not that inquisitive and accustomed to gender diversity? We respect all other cultures, religion but there is not an equal state when it comes to gender diversity. We categorize people into males and females and consider them as the only genders which are normal and acceptable in our society, and when it comes to diversity under gender connotations, everyone remains silent and no one seems eager to embrace the same. Not realizing the negative effects it would shower on the people of other genders except for males and females, our society keeps on doing the same and having their attitude, behavior, and their mentality intact culminating in a wide range of discriminations and inequalities and primarily the challenges they face have numerous impact on their lives socially, psychologically, economically, etc. and leaves them feeling lonely, with low self-esteem and feeling as if they have no rights and no aim to live their lives. As no one would like to live in an environment where they are not accepted and have no rights, and are considered inferior and seen with evil eyes. So highlighting the need for a change in society and curtailing the challenges and difficulties they face by giving some relevant points as a way forward.
Keywords
Discrimination, challenges, social exclusion, loneliness, helplessness, and low self-esteem.
Research Methodology
The paper is of descriptive nature, and the sources referred to are secondary sources, including journals, websites, etc, are used for research to highlight the need for the rights of transgender people.
Review of literature
Geena Rocero said why people must understand that trans is not a choice; she says, "We are all assigned a gender at birth. Sometimes that assignment doesn't match our inner truth, and there needs to be a new place -- a place for self-identification. I was not born a boy, I was assigned a boy at birth. Understanding the difference between the two is crucial to our culture and society moving forward in the way we treat -and talk about -transgender individuals ...In today's globally connected and ever-diversifying world, culture is now more fluid and more flexible than ever -- and so too should be our understanding and perception of gender." Andera Pejic says, “I would like them to understand that we are people. We're human beings, and this is a human life. This is a reality for us, and all we ask for is acceptance and validation for what we say that we are. It's a basic human right.” I got very inspired by these two sayings and realized that trans people should be given their rights and be recognized, and we should aim at curtailing the stigmatization against them in our society.
Introduction
I hope to stop the discrimination against young Transgender people, said Jazz Jennings. We aren’t certain about whether the belief that blessings and prayers of trans people are sacred is true or not, but this exists even today; on the other hand, people criticize them and look upon them with hostile eyes and have wrong perceptions about them. Most often, the question of dignity arises when we talk about trans people. Terms like gender identity and gender expressions are different. Gender identity is internal in the sense that it is the feeling one has for their gender internally, which might not be similar in expression or externally. In contrast, gender expression is external in its meaning, which implies how a person behaves or expresses themselves outside, keeping in view their looks about the body, their physical attributes, etc. The word transgender is a broader term that includes different genres of people and has in its meaning gender expressions and identities. In our society, when we are born, the first thing that everyone, from doctors to parents to family, relatives, etc., is inquisitive about is whether the baby born is a female or a male. As earlier, when a male baby was born, it was a feeling of immense pleasure, but this wasn’t the same in case a female baby was born. However, with society’s evolution and changing perceptions of people, this stereotypical way of thinking has changed somewhat, but a lot needs to be changed. But the same isn’t the case for transgender people, who are born with a biological connotation, but that is their gender expression. By the time they learn about them, their gender identity and gender expressions turn out to be different and not the same.
The first main concern is that they are stared wrongly and with wrong perceptions in our society. The question arises, have they made their body structure and feel they possess themselves? The gender of a baby isn’t in anyone’s control, and that too in the case of transgender people. Our society is changing with the changing perceptions of people and with the awareness that has been generated in the people as they are becoming more educated and literate and have got aware of the social issues and everything around us. The need for gender equality between males and females or men and women has arisen for a long, and a lot has been done on this, and efforts have been done on this and is in the process of this, and with all these, people have changed to some extent and therefore are changing. Transgender people are also the people who are human beings who also have hearts and souls just like everyone has, then why isn’t there any recognition of them? We discuss equality at every step, but why don’t we discuss equality for transgender people? Why don’t we talk about their rights? If they are also human beings existing in this universe, on the planet Earth, then there must be universal equality, not mainly but in entirety. Most often, people look upon this thing as an insult; if any transgender baby is born into a family, there is a question about the dignity of the family. So, there is a question of the hour to talk about this social issue and get rid of the thinking of people and their perceptions about them.
What are the challenges that they face?
Transgender people face many challenges during their lifetime that we can’t even imagine, and one can only feel the situations they go through by being empathetic towards them. They accept discrimination, negative thoughts of people, and everything that comes their way which is very heart-jerking to feel, and they endure it believing that they are born like this and are bound to accept it. However, we all live on this planet, and humanity is one element that must be the prior thing for one’s living and that people must have in them to be good citizens. So there are numerous challenges they endure, but to name a few of the ground realities, these are –
The most common is Discrimination. This challenge is usually endured by all the people of the transgender community. In all walks of life, whenever any person got to see any transgender nearby, they start to stare at them with evil eyes filled with negativity as if they have seen something extremely bizarre and make them feel as if they are not included in our society and are bizarre and strange creatures on earth. This kind of attitude of our society towards them makes them feel as if they don’t have any reason to live in this world, as if our society does not accept them. They feel that they neither have control over their body and how they feel or are born, nor do they have any fault in that; then the question arises, why are they to be blamed? Why are they to be seen with negative thoughts? Why are they not accepted in society? Why are they not treated the same as other genders, male or female? Why can’t they get educated? Why can’t they have any rights if everyone on the planet has rights, then why aren’t they included in every walk of life? Why does nobody talk about them? Even if they go for education, they can’t or aren’t able to. The reason behind the perception of society towards them. The callous attitude of society showers on them. Obviously, nobody would ever like to be seated in that environment and hence prefer to be in the surrounding where everyone is like them. Nobody discriminates for what and how they are.
Then the second problem endured by them is Harassment- Transgender people face much harassment from society as they are called different names like hijra, Kinner, etc. Several times if we see, they are found roaming in the red lights and begging, and the attitude that people show to them is very heart-jerking, rather than helping make fun of them and make the window of their cars shut. The first thing that is to be questioned here is why they have to beg. Why can’t they go to school and seek education and be in respectable positions in our society? So, there is a need to make these inequalities existing in our societies get vanish. Though society is evolving and people have started to comprehend things logically, a lot needs to be done towards this. S, therefore they face numerous discrimination, including poverty, no recognition, no opportunities, etc. There have been emerging discussions about transgender rights, but still, this is a time of high uncertainty for the transgender community and requires legal protection.
Firstly, the rights of transgender employees. There should be equal opportunities for everyone, including them, and no discrimination based on their body or gender, etc. As they face high rates of unemployment and discrimination in the workplace. So, it is essential to preserve their dignity, giving them legal protection against all the discrimination they face. The courts in India have attempted to recognize their rights as they considered it a third gender to curtail all the challenges that they have to face. However, despite all these attempts, they are still enduring problems in their daily lives. One of the judgments is the National legal service authority v Union of India. In this, the supreme court held that the third gender must have all the rights available to the other genders, that is, males and females, and therefore the articles of the constitution, including Articles 15,16,21, etc., are equally applicable to them.
Hence, the court opined in this case that everyone must have equal rights. These articles are also equally applicable to the third gender because they are also just like other genders, that is, males and females, and therefore, they should also have access to the right to dignity, right to privacy, etc., which are fundamental to human lives and therefore, nobody should be deprived of these. Our constitution has incorporated some of the things that are of great importance today to strike a balance in our society and to avoid conflicts existing in our society, and this issue of the rights of transgenders was also answerable with reference to our constitution. The preamble of the constitution itself talks about social, economic, and political equality, and also mandates every citizen’s Rights, and majorly guides everyone for fraternity. As the Indian state policy earlier deprived some rights which form the fundamental rights of every citizen but with the NALSA judgment paved the way for the recognition of the rights of transgenders, including the right to freedom, right to equality, protection from law, and this the transgender also got entitled to legal protection under the Indian constitution in all the spheres of life.
The important concern is their rights in the workplace as everyone living on this planet requires food for their survival, and for its survival, one has to struggle and find work for him for fulfilling all its need, but how will a person step forward to do a job where the person is having no dignity and faces humungous discrimination and obnoxious behavior and attitude from the part of others. Giving the third gender right will not tackle the issue until and unless the significant focus is given to the things which hold great importance and are the soft corners that are to be targeted to achieve the goal of equality. So, it becomes essential that the rights of transgender people are given more concern and also to curtail the high unemployment rates among them. As there are a few barriers that they face in their workplace are first, Fear and fear in terms of bullying, social exclusion, being treated differently, and treated as if they are some alien creatures existing and making them feel highly disheartened. Second is security, as they are worried about losing their job and also worried about their status and lack of opportunities available to them and feel extreme guilt and shame even in asking for help from others, believing that others might not help them and treat them as unequal ones. As very rightly said by Bey Blue, “In an Australian survey of LGBTI people, around 60 percent of transgender males and 50 percent of transgender females reported having depression. A 2007 survey of Australian and New Zealand transgender people found that almost 90 percent had experienced at least one form of stigma or discrimination, including verbal abuse, social exclusion lesser treatment due to their name or sex on documents, physical threats and violence.”
Also some other important factors contribute as a challenge to their lives like homelessness which is a major issue and takes place if we see these issues at the ground level; whenever a child of third gender is born, the family never accepts that and always prefer to give their child to this community so that they will grow the child and the parents will be free from the societal pressure and can also preserve the dignity of the family. The birth of a transgender baby was considered something that could affect the family’s dignity. Then they become homeless and grow up on their own without the love of their parents and again struggle hard for their survival and strive somehow in society by enduring every challenge that comes their way. With all this, they get affected psychologically or mentally as it is understood that excess of everything is bad, and so is the case here. One time comes when they get fed up by all the things or negative or ad things happening to them and feel very distressed and at times feel that they have no goal or any scope or reason to live life and even resort to ending up their lives. Just because of the stigmatization of society and the attitude that society showers upon them affect them not only mentally but physically as well. As this is very usual whenever people look at them, the first thing is that their behavior gets changed and becomes peculiar. Secondly, they stare at them with evil eyes and start to gossip or whisper about them, and even some people call them by different names, and one can only understand and feel the pain if one would be empathetic towards them. The actual pain is known to only the one who suffers. The problem of transphobia is also one obnoxious thing that they face; this concept means that whatever they experience and face is due to this concept that is transphobia, which occurs due to the political and social beliefs of the dominant. When they live in this environment, they prefer to conceal their sexual orientation for fear of all the negative repercussions that they might face, which can take various forms like physical attacks, negative representation of media, etc., which results in them feeling loneliness, helplessness and disturbed with their lives.
What can be the way forward?
As the law has made efforts to give them rights, for instance, in one of the judgments, our hon’ble supreme court has identified and recognized transgender people as a third gender. Also, our constitution under which the country is running and functioning also gives rights to them, and therefore, their rights are placed under human rights and paving the way for equality and fraternity in our surroundings.
Several acts are made that are primarily made for them so that if their rights are infringed, they can seek protection under those acts. They can’t be discriminated against on the bases of their gender or sexual orientation as they have rights in terms of their gender; they have the right to live freely without discrimination and the right to live and carry on their daily routines without any impediment and any discrimination or any inequality before the law will be violative of the articles provided by the constitution. For instance, Transgender Persons (protection of rights act) 2019 is crucial legislation primarily made for the transgender community. The act recognizes their rights and aims to curtail the challenges they face in social, economic, political, educational, etc. For instance, in one of the definitions says “inclusive education” means a system of education wherein transgender students learn together with other students without fear of discrimination, neglect, harassment, or intimidation, and the system of teaching and learning is suitably adapted to meet the learning needs of such students’’. The entire legislation mainly focuses on the issue of giving them equal rights. The first chapter of the act focuses on the prohibition of discrimination; the second chapter focuses on the recognition of the identity of transgender persons; the third says about welfare measures by the government, etc., and throws light on the need for their education, social security, etc .
Hence, these developments have taken place so far are legal developments. Still, a lot needs to be done to change the perceptions of society and change their mentality toward trans people. Several basic steps can be taken, as despite making legislation, making organizations, protecting their rights, recognizing them as transgender people, etc. still, they are enduring some of the challenges and social exclusion and social inequalities from society. The requirement at this hour and to curtail these inequalities; more than legal developments, social actions would be more effective in dealing with the issue.
Firstly, there is a need for sensitization of parents and society. Most often, the parents do not accept their transgender child believing that they are not like standard genders and feel that their dignity will get affected if they will nourish a transgender child. This thing affects the child incredibly as they get devoid of parental love and affection and further live their lives in isolation with no self-love, low self-esteem, loneliness, and helplessness all around them. So, there is a need to make people and our society aware that they are also human beings. They also have human rights, the right to live their life, etc. Therefore, the thinking and the perceptions of society towards them need to be changed on a positive note that there is nothing wrong with this and everything is being expected. So, counseling needs to be given to both the parents and the child who are crushed under the opposing wheel of our society. Also, the need for the sensitization of police as it is most often seen that the police abuse them and don’t recognize their rights, and they are subjected to violence by police.
Conclusion: Therefore, all these actions to change society and their attitude towards them can have a more significant effect in achieving the goal. The help of different mediums to convey an optimistic note about the issue can render a positive change. “We have to be visible. We should not be ashamed of who we are’’, rightly said Marsha. Johnson. So, with this positive note, we hope for the best to change society and their attitude towards transgender people and hope for a positive change around us and pave the way for curtailing all the discriminations and inequalities our trans brothers and sisters face.
Reference:-**Author:- Samiya Choudhary, a Student of Himachal Pradesh National Law University, Shimla
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