2 years, 8 months ago-
Laws on transgender are really helping them?
India definitely counts as one of the developing counties in the world and it definitely is on top among the third world nations today, yet, it is far behind the larger part of the rest of the world in the social development sector. India is very well known not only for its rich culture and heritage, but also for its stereotypicality and narrow-mindedness. The Indian law recognized and declared eunuchs, intersex, hijras and transgenders as the third gender in 2014 when we had a population of about 490000 transgenders. Our society is very capable of sidelining people one moment and mainstreaming them the next. In fact, it can do both simultaneously. People belonging to the LGBTQIA+ community have been suffering in India for over a number of decades now, out of which transgenders have gotten a separate set of rights and laws. Despite these, they suffer from gender discrimination, oppression and violence in all senses. According to the law, any sort of discrimination against them in the matters of health, education, employment and services has been prohibited and welfare measures have been adopted to look into the same. Constitutionally, they have equal rights as men and women, but, are these laws and rights really helping them? These laws and rights make sense only as long as they exist in paperwork because in real life, only they know how hard they try to survive despite the impositions of the society on them. They suffer in every way possible; lack of employment, social boycott, discrimination, untouchability, shun and outcast. What can one do about the way one is; nothing. This is very difficult for the society to understand. Law provides for the freedom to choose one’s own gender and identity. Being different doesn not mean being wrong. Although there is prohibition against discrimination and provision for employment, education, health care and welfare measure, yet their rights are violated. They suffer from the same social issues back at home as children and after growing up, at their work place, out in the streets and everywhere they go. They face harassment and bullying at every step in life for no reason and end up becoming sex workers or addicts or beggars and are ridiculed for this too. Where do they earn a living from? Transgender people eventually feel that they have no other option than to commit suicide and give up on this society. It is time we understood and accepted the transgender community and gave them their respect and position in the society, away from discrimination and oppression.
An ally and supporter,
Shubhangini ShaktawatThe parliament in India approved a measure last week to protect transgender rights, but the new law on multiple fronts is inadequate. Since the first was introduced in 2016, trans activists and related human rights groups criticized the different trans-rights laws. Finally, legislators did not take into account the concerns made by the activists. As a result, the new legislation in India is not respecting and encouragement of long-pursued groups but violating trans-person’s rights. Procedure for legal recognition of gender, the method via which trans persons can modify their documents to suit their identity is perhaps the worst fault in the new law. A two-stage process is established up in India’s new law. First, an individual requires the District Magistrate, where they live, to apply for a “transgender certificate.” This can be done by the self-declared identification of the individual.
A certificate bearer may then file for a ‘gender certificate change’ signaling that the authorities change their legal sex to men or women. This second phase does however require that the person provides the district magistrate with a certificate of operation provided by an official of the hospital for a second assessment, and the official must be “confessed with that certificate’s correctness.”
This gives an enormous degree of power to arbitrate, which trans people “qualify” as who they are. Indian courts have long recognized that, without obligatory interference or prejudice, trans individuals deserve acknowledgment on their own terms from the government. The terms of the new law also contravene international standards for legal gender recognition, as well as contradicting judicial judgments. International norms and best practices, including numerous UN agencies, the World Medical Association, and the WTH, demand the separation of legal processes and medical procedures. In several international accords on human rights, the right to recognition as an individual before the law is recognized and is a vital feature in asserting the dignity and value of every person. Legal acknowledgment of gender is also a key part of other fundamental rights. Simply put, before the law and control of your own body, the process of recognition must be separate from any medical procedures. However, if the personal identification or transition process of an individual requires medical attention, such treatments should be offered and available.
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