Rights of transgenders in india
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The document discusses the rights of transgender people in India. It provides addresses and contact information for the Altacit organization in Chennai, Bangalore, and Coimbatore. It then outlines some of the key problems faced by transgender communities like discrimination, lack of education and medical facilities, and exclusion from social, economic, political participation. It also summarizes some important court cases that have promoted transgender rights like the NALSA case and Naz Foundation case. It highlights some rights guaranteed under the constitution and discusses policies to support transgender welfare in Tamil Nadu.
Rights of transgenders in india
- 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com RI GHTS OF TRANSGENDE RS I N I NDI A
- 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com INTRODUCTION The term 'transgender' has been derived from the Latin word 'trans' and the English word 'gender'. Different sorts of individuals come under this category. No particular form of sexual orientation is meant through the term transgender. The way they behave and act differs from the 'normative' gender role of men and women. Leading a life as a transgender is far from easy because such people can be neither categorized as male nor female and this deviation is "unacceptable" to society's vast majority. Trying to eke out a dignified living is even worse. Hijra is a term used in South Asia – in particular, in India – to refer to an individual who is transsexual or transgender. In India, the hijra community has existed for more than four thousand years and is currently believed to number half a million. The word "hijra" designates an alter-native gender to the malefemale binary. The LGBT (Lesbian, Gay, Bisexual and Transgender) rights in India have historically and culturally been accepted under the Hijra concept.
- 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com PROblems FaCeD by TC Discrimination Unemployment Lack of educational facilities Lack of medical facilities Marriage Adoption
- 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com eXClUsION FROm sOCIal & CUlTURal PaRTICIPaTION There appears to be limited knowledge & understanding of the people whose gender identity is incongruent to their biological sex despite of Indian Society’s general climate of acceptance & tolerance. Most families do not accept their children who behave in ways inappropriate to the expected gender role. Even from police they face physical and verbal abuse, Extortion of money and arrest on false allegations. Jayalakshmi v. State of Tamil Nadu
- 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com EXCLUSIOn Of ECOnOmIC partICIpatIOn and LaCk Of SECUrIty Hijras/TG communities face a variety of social security issues. Since most Hijras run away or evicted from home, they do not expect support from their biological family in the long run. Subsequently, they face a lot of challenges especially when they are not in a position to earn (or has decreased earning capacity) due to health concerns, lack of employment opportunities, or old age. . Some of the important issues and concerns faced by Hijras/TG communities in relation to social security measures are given below: Lack of Livelihood Lack of welfare schemes and barriers to use existing schemes Lack of access to life and health insurance schemes
- 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com EXCLUSIOn frOm pOLItICaL partICIpatIOn The Transgenders are also excluded from the legal, civical and political rights. The Transgender people however have the rights to vote in election as woman or ‘Other’ but the legal identity of the transgender people in voter ID cards which confirms their gender identity is not clear. Hijras has also contested in past but the transgender gender who was contested as ‘female’ in the election was overturned and hence considered as fraud and illegal. Thus the right to election is yet to be realised. Legal issues was said to be a complex issue for people who change sex, as well as for those who are gender-variant especially for getting Legal recognition of gender identity as woman or transgender as woman was a complicated process.
- 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com rIGHtS Of tranSGEndErS Preamble to the Constitution mandates Justice - social, economic, and political equality of status. Thus the first and foremost right that they are deserving of is the right to equality under ARTICLE 14. ARTICLE 15 speaks about the prohibition of discrimination on the ground of religion, race, caste, sex or place of birth. ARTICLE 21 ensures right to privacy and personal dignity to all the citizens. ARTICLE 19 All citizens shall have the right: (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (g) to practise any profession, or to carry on any occupation, trade or business
- 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com NALSA VS. UNION OF INDIA National Legal Services Authority (Nalsa) V. Union Of India is a landmark decision by the Supreme Court of India, declared transgender to be the 'third gender', affirmed that the fundamental rights granted under the Constitution of India will be equally applicable on the transgender and gave them the right to self-identification of gender as male, female or third-gender. Moreover, the court also held that the transgender to be treated as socially and economically backward classes and will be granted reservation in admissions in educational institutions and jobs.
- 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com Naz Foundation vs. NCT Delhi Naz Foundation vs. NCT Delhi : This is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults, throughout India.
- 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com Right to adoption & maRRiage Transsexual women and men should have the right to marry, adopt children and be entitled to all legal protections that non-transgender people are entitled to. Presently in India, there is no legislation to regulate transsexual people's marriages. It is important that an amendment be introduced in marriage laws. SAHODARI FOUNDATION
- 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com tamiLnadU WeLFaRe BoaRd The Tamil Nadu state in India was the first state to introduce a transgender (hijra/ aravani) welfare policy. According to the transgender welfare policy transgender people can access free Sex Reassignment Surgery (SRS) in the Government Hospital (only for MTF); free housing program; various citizenship documents; admission in government colleges with full scholarship for higher studies; alternative sources of livelihood through formation of self- help groups (for savings) and initiating income-generation programmes (IGP). Tamil Nadu was also the first state to form a Transgender Welfare Board with representatives from the transgender community. In a pioneering effort to solve the problems faced by transgender people, the government of Tamil Nadu (a state in South India) established a transgender welfare board in April 2008.
- 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com thiRd gendeR Rights The Welfare Board comprise of 9 Transgender members, who have been empowered to look into the various problems, difficulties and inconvenience faced by the community and based on the inputs received, the Government have formulated and executed various welfare schemes. The Board has highlighted some of the welfare schemes so formulated by the Government of Tamil Nadu:- 1) The Government has created a database on Transgender that would help to deal with their problems and demands such as housing, ration card, voter identity, patta, health facility etc. 2) The Government has also issued a Government order for admission of Transgenders. in Government Schools and Colleges.
- 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com FINDINGS & DEVELOPMENTS In recent past, Tamil Nadu state government has introduced provision for changing MtF TG people’s name (from male to female name) and sex/gender (female/‘transgender’) in official gazette. Besides, the government publishes sex- and name-change notice of post-operative transgender individuals whose sex change is certified by a medical doctor that included obstetrician/gynaecologist. Thus, male to female sex change in official documents appears to be possible only for post-operative transsexuals, leaving out pre-operative TG people (waiting to undergo SRS), TG people who are medically unfit for surgeries, and self- identified TG people unwilling to undergo SRS – all of whom might want to change their gender in the official identity documents. The Supreme Court judgment (NALSA Vs. UOI) was a historic one, finally recognizing the rights of transgender people and treating them as equal to other Indians. This has helped in terms of their identity.
- 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com THIRD GENDER LITERATURE AND STUDIES IN TAMIL NADU "VAADAMALLI" by novelist SU.SAMUTHIRAM- First Tamil novel about Aravaani community in Tamil Nadu published in the year 1994. Transgender activist A. REVATHI is the first Hijra to write about Transgender issues and Gender politics in Tamil. She is the author of Unarvum Uruvamum (Feelings of the Entire Body); is the first of its kind in English from a member of the hijra community. She also acted and directed several stage plays on Gender and Sexuality issues in Tamil and Kannada."The Truth about Me: A Hijra Life Story" by Transgender A. Revathi is part of the syllabus for Final Year students of The American College in Madurai. The American College is the first college in India to introduce Third Gender literature and studies with research oriented seminar and the Tamil terms for Gender queer people was coined in this college by gender activist Gopi Shankar. Later Naan Saravanan Alla” (2007) and Vidya's “I am Vidya” (2008) became first transwoman autobiography.
- 15. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com cONcLUSION They should be treated equally, respectfully and without any discrimination. They should not be discriminated against in exercising their right to apply for a job, access to a public place, right to property or their right to access to justice. There should be a group of activists to whom any matter involving transgender rights as soon as it reaches the court can be referred to. This panel of activists should involve social workers dedicated to the cause of upliftment of the transgender community and also lawyers through with the law on the subject. Shelter homes should also be made available for such transgenders who are facing violence and are in further risk of going through the same during the proceedings. The officials dealing with issues relating to transgenders should observe complete transparency during such events. Thus establishment of a division under the local legal services authority in order to provide legal aid to the transgenders, will adequately serve the purpose. While reforms are needed and suggested in the existing laws for the realization of equal rights for the transgender community, the target can not be achieved, if not fully but partially, if reforms take place in the implementation of such laws Thus it is very vital that the judicial officers and the police officers do not become the means to institutionalize or to enforce such discrimination. Rather, they should spread awareness in the societal area they work in and enlighten the laymen that the transgender are as human as them and deserve to be treated in the same manner. Just like the State of Tamil Nadu all the laws of the land should be applied to them like any other person.
- 16. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL [email protected] WEBSITE www.altacit.com ThaNk yOU