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Transgender Rights in India

Transgender Rights in India

India is a land of religion, diversity, and colors. One of the ancient shad is the transgender or Hijjar community of the land. The transgender in India is called with different synonyms in different states of the land. Such as in the state of Rajasthan they are called Bhua ji’s and in common they are well known as Hijjar’s. The India transgender community is as diverse as the mainstream society of the land. But, despite being an in the society since the ancient time the community face ignorance, harassment, exploitation, neglected, disrespected, etc. and also not recognized by the law since 2014. The transgender community face problems like disrespectful and ignorance behavior not only by society but also by the law towards them. The Transgender community is forced to disrespectful for their live hood because no one employs them even if, they are qualified for the same. The community faced discrimination in public places in terms of treatment and behavior. Law of the land is also gender-biased who only recognizes male and female gender. India needs gender-neutral laws to protect every gender person in society.

Challenges of Transgender in India Society

The Trans community deals with day to day challenges that somewhere disturb them physically and mentally. Which is tough for an individual to carry throughout his/her life. Trans community in India somewhere living in a nutshell because of such challenges/problems. These tasks are framing barriers around their lives.

Discrimination as a barrier.

1.Education

The Trans community fails to enroll not only in private or public schools but also in government schools. Because of such the capable bright future minds of the public are failed to enroll in educational institutes. The law of the land to date does not have any law or act in context to the education of the trans people. Even after the judgment delivered by the honorable apex court. As per the latest news updates, the Government of Uttar Pradesh is planning to build the university for the trans where they can study, practice, and develop their skills which somewhere is great for the upcoming trans generation.

2.Health

The Trans community is not able to take benefits of the health care services provided by the government because of the discrimination and ill-treatment they received by the staff of the health care facilities. The staff of the health care institutes sometimes refuses to touch and even to treat them because of their gender. If any, victims of any sexual abuse reach there for the help they not only misbehaviors but also provide them the proper medical services.

3.Administration

The Trans community faces a lot of trouble when they went to any administrative department of the government because of the misbehavior done with them by the officials. Especially in the police station as in maximum station, they are threatened by the heads, and sometimes fails charges were framed against them. It’s also seen that in the maximum number of cases the trans individual is not only mentally but also sexually assaulted by the departments. They are forced to do such things and they don’t even complain about the exploitation that happened with them because it will lead to creating many other difficulties for them. These challenges are faced because of the lack of awareness in the department.

The mentioned above challenges are under review in front of the National Transgender Council. To deal with all such challenges the council is taking actionable measures to protect the transgender individual in the future.

Gender-Biased Laws

Even after the honorable Supreme Court in its landmark judgment National Legal Service Authority v. Union of India, 2014 to date the government is failed to delivered gender-neutral laws. As per the map given by the apex court government farmed the Transgender Persons Protection Act, 2019. In this act, the government framed the laws and rules for the protection of the Trans individual but the community across the boundary is not satisfied because of the various sections of the act. As per the updates, many NGO’s and individual filed the petition in the honorable Supreme Court which are under review.

In one of the major section which deals with the sexual exploitation of the transgender individual, the punishment for the guilty is mentioned as a maximum of 6 months to 2 years of criminal imprisonment. This somehow shows the biased nature against them because as per the general rape law of the land according to the IPC, 1860 the punishment given to the accused is 15 years of imprisonment.

Previously, in the act, it’s said to frame the committee who will assign the identity certificate to the transgender individual which is later wards opposed by the public because it’s something unjustified and not unconstitutional also as per rights given. In due course of the protest against the same this provision afterward scripted by the authority and passed the other provision according to much the trans individual have to submit the affidavit in the office of the respected area District Magistrate.

In accordance, with the landmark judgment government framed the National Transgender Council at the central level but there is no such authority at the state level which is somewhere is a loophole.

 

Call for change

India as being a developing country need changes not only in its system but also in society. The Supreme Court judgment for the transgender community is delivered in the year 2014 where they identify them as a third gender but, to date, no such majors are taken which aware people about them.

  1. Workplace: Transgender still at the maximum workplace are not recruited because of their identity after being best qualified for the same. They still faced such tasks not only in the private organization but also in public organizations.
  2. Gender-Neutral Restrooms: Cross country borders still there is a lack of gender-neutral restrooms. There are very few places where gender-neutral restrooms are present. Hereby, the government needs to take measures or aware of the organizations to develop or modify their workplace, centers, etc. for the same.

Conclusion

Indian Constitution provides various rights to individuals to live his/her life with full dignity, freedom, and liberty. Thereafter, the minorities of the country get discriminated, neglected, ignored, harassed, exploited because of their gender identity. The Trans community is always a part of mainstream society but never acknowledge because of the social rules and political leaders. Even after the 73 years of independence, the whole community is not identified since 2014. It’s difficult to face such kind of challenges which are faced by trans individuals in their day to day life. It is a time where the law of the land needs to come and work to uplift the transgender.

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Written by Dheeraj Kumar

Dheeraj Kumar, an ambitious final year law student from GGSIPU, new Delhi He is very positive, realistic n has a keen interest in writing legal articles related to ADR, mediation, family law, and criminal law. He has worked with different support groups and NGOs. He loves to travel, cook, and learn new things. He has a self-confident and motivated person.

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