Rights of Transgenders

Two years back The Supreme Court of India recognized Transgenders as “third gender” and directed the State and Central Governments to take initiatives to provide a better life to the Transgendered persons. In this article, we review the basics and bring out  the pointers on what are the initiatives that have been taken by the State and Central governments in response to the Judgment of the apex court?

What are the Constitutional Rights for Transgenders?

• Preamble of the Constitution talks about social, economic, and political equal status for the Tran genders.
• Article 14 – Mentions Transgenders and has given Right to Equality.
• Article 15 – Prohibition of discrimination based on caste, sex, religion, race and place of birth.
• Article 21 – Grants Right to privacy and personal dignity to the transgender.
• Article 23 – Protects the Transgender by prohibiting trafficking them as beggars or any other forms forced labour

What are the Supreme Court Directives towards the Transgenders?

• SC provides a legal status for the Transgender.
• It bestows a legal recognition to that population of the Transgenders who wish to get transitioned within male or female through surgeries. The Court opposes Biological tests for the procedure of recognition and encourages psychological tests.
• The SC declares that the suggestion of SRS – Sex Reassignment Surgery as a condition for the changing the Tran gender’s gender to be illegal.
• The SC had also ordered the Central and State governments to extend educational reservations for the Transgender.
• It has also insisted on creating awareness so that they are not stigmatized by the public.

What are the important facts about Transgender (Protection of Rights) Bill, 2016?

• A Transgender can invoke the rights under the bill by obtaining a proof of recognition certificate from the District Magistrate.
• A committee has been appointed under the DM to perform the recognition test. The committee consists of a Government official, a medical officer, psychiatrist, district welfare officer and a transgendered person.
• Two years of imprisonment for persons committing the offences of denying access to a public place, forcing to beg and physical abuse.

What is the current status of the Transgenders in India?

With reference to the census 2011, the Indian population of the transgenders is 4.88 lakhs. The census also imparted their educational status to be just 46% as compared to the 76% among the General population. Among the counted Transgendered persons, 66% lived in rural areas and 38% are of working population.

What are the major issues faced by the transgender population in the society?

1. Limited available data show that the prevalence of HIV and STI – sexually Transmitted infections are high among the transgender population as compared to the normal population. They are highly vulnerable to sex related issues.
2. They are also vulnerable to mental health problems like depression, suicidal tendencies, lack of social support and violence related stress.
3. The most affected transgender population are the Teenagers in identifying themselves on the basis of the gender which is opposite to that of the biological sex. This leads to shame, fear, transphobia, etc.

What should the Government do more to succeed the consciously designs plans?

1. The gap in the National AIDS control Programme should be addressed and a separate wing should address the Transgendered population alone.
2. The structural determinants of the Governmental Organizations should function morally and ethically. For instance, police harassment, connecting the affected shy transgender with the Governmental initiatives, etc should be critically examined. The obstacles in the path should be severely rendered to punishment.
3. More and more educated Transgender should be involved in the programmes to avert the shyness and make them comfortable and also to understand the issues more effectively.
4. Mass media awareness should be created and more campaigns should be organized targeting areas rather than making it happen in metropolitan cities.