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Transgender: Status in India

Article in Annals of Indian Psychiatry · January 2017

DOI: 10.4103/aip.aip_43_17

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Editorial

Transgender: Status in India

Transgender community includes Hijras, Eunuchs, Kothis, Based on the NLSA judgment, the Rajya Sabha passed the
Aravanis, Jogappas, Shiv‑Shakthis etc., who have been a Rights of Transgender Bill, 2014. However, the government
part of Indian society for centuries. The Vedic and Puranic then passed another Bill, Rights for Transgender Persons Bill,
literatures mention “tritiyaprakriti” meaning the third gender 2015, modifying on the 2014 bill by removing the provisions
and “napunsaka” meaning someone with the loss of procreative relating to Transgender Rights Court as well as the National
ability. The word hijra used in the Indian language appears and State Commissions. The 2015 Bill underwent further
to be derived from the Persian word hiz, i.e., someone who changes and another bill was introduced in the Lok Sabha in
is effeminate and/or ineffective or incompetent. Another 2016 — the transgender persons (Protection of Rights Bill),
commonly used word is kinnar, whereas chhakka is used in a which invited criticism from the transgender and activists.[5]
derogatory context.[1] Though most of the eunuchs seen today
are begging at traffic signals or during weddings, they were a The Transgender Persons (Protection of Rights)
respected lot during the Mughal rule in the Medieval India. The
word “eunuch” is derived from the Greek word “Euneukhos” Bill, 2016
which literally means bed chamber attendant.” Hence, they Highlights of the bill
were put in charge of harems due to their emasculation.[1,2] • The Bill defines a transgender person as one who is partly
During the British rule, they were denied civil rights and were female or male; or a combination of female and male; or
considered a separate caste or tribe who did kidnapping and neither female nor male. In addition, the person’s gender
castration of children and danced and dressed‑like women. must not match the gender assigned at birth and includes
The LGBTQ group is referred to as the “lesbian, gay, bisexual, trans‑men, trans‑women, persons with intersex variations
transgender, and queer community” which includes those and gender‑queers
with gender dysphoria and different sexual orientations. The • A transgender person must obtain a certificate of identity
lesbian and gay people have been accepted in many parts of as proof of recognition of identity as a transgender person
the world and have also got their rights, but the transgender and to invoke rights under the Bill
is still without rights. • Such a certificate would be granted by the District
Magistrate on the recommendation of a Screening
Committee. The committee would comprise a medical
Prevalence of Transgender in India officer, a psychologist or psychiatrist, a district welfare
Indian census has never recognized the third gender, officer, a government official, and a transgender person
i.e., transgender while collecting census data for years. However, • The Bill prohibits discrimination against a transgender
in the Census of 2011, data of transgender were collected in the person in areas such as education, employment, and
category of “Others” under Gender with details related to their healthcare. It directs the central and state governments to
employment, literacy, and caste. The census revealed the total provide welfare schemes in these areas
population of transgender to be around 4.88 lakh. The data have • Offences such as compelling a transgender person to beg,
been primarily linked to the males section as they are usually denial of access to a public place, physical and sexual
counted as men, but on request, they may be counted as women. abuse, etc. would attract up to 2 years’ imprisonment and
Due to this, it is impossible to comment on the actual transgender a fine.[6]
population, though the census has provided an approximate
estimate. The 2011 census also reported 55,000 children as
Key issues and analysis
• The Supreme Court has held that the right to
transgender identified by their parents.[3]
self‑identification of gender is part of the right to dignity
and autonomy under Article 21 of the Constitution.
Current Scenario However, objective criteria may be required to determine
The Supreme Court of India passed a unique judgment in one’s gender to be eligible for entitlements
April 2014[4] stating one’s sexual orientation as the integral • The Bill states that a person recognized as “transgender”
part of personality, dignity, and freedom and identified would have the right to “self‑perceived’ gender identity.
transgender as a third gender. In the National Legal Services However, it does not provide for the enforcement of such
Authority (NLSA) versus Union of India case, the apex court a right. A District Screening Committee would issue a
provided the transgender (Hijras and Eunuchs) a legal identity certificate of identity to recognize transgender persons
along with seven other directions. Post the NLSA judgment; • The definition of “transgender persons” in the Bill is at
various courts passed favorable orders for the transgender variance with the definitions recognized by international
community. bodies and experts in India

© 2017 Annals of Indian Psychiatry | Published by Wolters Kluwer - Medknow 59

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Sawant: Transgender status

• The Bill includes terms such as “trans‑men,” • Gender identity – is a category of social identity and
“trans‑women,” persons with “intersex variations,” and refers to an individual’s identification as male, female or,
“gender‑queers” in its definition of transgender persons. occasionally, some category other than male or female.
However, these terms have not been defined.[6] It is one’s deeply held core sense of being male, female,
some of both or neither and does not always correspond
There are several other areas which need clarifications such
to biological sex
as certain criminal and personal laws which are currently
• Gender dysphoria – as a general descriptive term refers
in existence and only recognize the genders of “man” and
to an individual’s discontent with the assigned gender. It
“woman.” It is unclear how such laws would apply to
is more specifically defined when used as a diagnosis
transgender persons who may not identify with either of the
• Gender expansiveness – conveys a wider, more flexible
two genders. Hence, these laws would need amendments.
range of gender identity and/or expression than typically
associated with the binary gender system
Conclusion • Gender fluidity – a person who does not identify with a
The Government of India today has taken a stance and single fixed gender, of or relating to a person having or
introduced several welfare policies and schemes for the expressing a fluid or unfixed gender identity
transgender which would be a big step forward. These include • Gender queer – gender queer people typically reject
census, documentation, issuing of the citizenship ID Cards, notions of static categories of gender and embrace a
issuing passports along with social, economic, political fluidity of gender identity and often, though not always,
transformation, housing, legal measures, police reforms, sexual orientation. People who identify as “gender queer”
legal and constitutional safeguards to prevent human rights may see themselves as being both male and female, neither
violations of the transgender community and institutional male nor female or as falling completely outside these
mechanisms to address specific concerns of transgender people. categories
• Transgender – refers to the broad spectrum of individuals
Medical Lexicon who transiently or persistently identify with a gender
different from their gender at birth.(Note: The term
The following definitions help in understanding the various transgendered is not generally used)
gender‑related terminologies:[7‑9] • Transsexual – refers to an individual who seeks, or
• Assigned gender – refers to a person’s initial assignment as has undergone, a social transition from male‑to‑female
male or female at birth. It is based on the child’s genitalia or female to male. In many, but not all, cases this also
and other visible physical sex characteristics involves a physical transition through cross‑sex hormone
• Agendered – “without gender,” individuals identifying as treatment and genital surgery (sex reassignment surgery)
having no gender identity • Transphobia ‑  fear and hatred of, or discomfort with,
• Cisgender – describes individuals whose gender identity transgender people.
or expression aligns with the sex assigned to them at birth
• Closeted – describes an LGBTQ person who has not Neena S. Sawant
disclosed their sexual orientation or gender identity Department of Psychiatry, Seth GSMC and KEM Hospital, Mumbai,
• Coming out – The process in which a person first Maharashtra, India
acknowledges, accepts, and appreciates his or her sexual
orientation or gender identity and begins to share that with Address for correspondence: Dr. Neena S. Sawant,
Department of Psychiatry, Seth GSMC and KEM Hospital, Parel,
others Mumbai ‑ 400 012, Maharashtra, India.
• Gender – denotes the public (and usually legally E‑mail: [email protected]
recognized) lived role as boy or girl, man, or woman.
Biological factors combined with social and psychological References
factors contribute to gender development 1. Michelraj M. Historical evolution of transgender community in India.
• Gender‑atypical – refers to physical features or behaviors Asian Rev Soc Sci 2015;4:17‑9.
2. Chettiar A. Problems faced by Hijras (male to female transgenders) in
that are not typical of individuals Gender expression – the Mumbai with reference to their health and harassment by the police. Int
manner in which a person communicates about gender J Soc Sci Humanity 2015;5:753‑9.
to others through external means such as clothing, 3. Available from: http://www.census2011.co.in/transgender.
appearance, or mannerisms. This communication may php. [Last accessed on 2017 Oct 28].
4. Radhakrishnan KS. In the supreme court of India Civil original
be conscious or subconscious and may or may not reflect jurisdiction Writ petition (civil) No. 400 of 2012 National legal services
their gender identity or sexual orientation authority. Judgment 2013. Available from: http://www.prsindia.org/
• Gender‑nonconforming – refers to behaviors that are not uploads/media/Transgender/Transgender%20rights%20case%20
typical of individuals with the same assigned gender in a (NALSA%20 vs.%20UoI).pdf. [Last accessed 2017 Oct 30].
5. Available from: https://www.en.wikipedia.org/wiki/National_
given society Legal_Services_Authority_v._Union_of_India. [Last accessed on
• Gender reassignment ‑  denotes an official (and usually 2017 Oct 28].
legal) change of gender 6. Available from: http://www.prsindia.org/billtrack/

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Sawant: Transgender status

the‑transgender‑persons‑protection‑of‑rights‑bill‑2016‑4360/. This is an open access article distributed under the terms of the Creative Commons
[Last accessed on 2017 Oct 28]. Attribution‑NonCommercial‑ShareAlike 3.0 License, which allows others to remix, tweak,
7. American Psychiatric Association. Diagnostic and Statistical Manual and build upon the work non‑commercially, as long as the author is credited and the new
of Mental Disorders: DSM‑5. Arlington, VA: American Psychiatric creations are licensed under the identical terms.
Publishing; 2013.
8. Available from: https://www.pflag.org/glossary. [Last accessed on
2017 Oct 30]. Access this article online
9. Available from: https://www.hrc.org/resources/glossary‑of‑terms. Quick Response Code:
[Last accessed on 2017 Nov 02]. Website:
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DOI:
10.4103/aip.aip_43_17

How to cite this article: Sawant NS. Transgender: Status in India. Ann
Indian Psychiatry 2017;1:59-61.

Annals of Indian Psychiatry ¦ Volume 1 ¦ Issue 2 ¦ July-December 2017 61

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