Multi Disciplinary research bulletin: Volume 01, Issue 01 | August 2022
Introduction The community of transgender people in India has had a prominent manifestation throughout the centuries, and still, even in the 21st century, they have limited rights. This depicts the Indian transgender community one of the most susceptible communities in the country. As integrated within the growing LGBTQIA+ band in India, the transgender community is particularly banished. Their very graphical and culturally substantial presence has always made them the easiest goals of harassment and abuse in the society leaving them poverty stricken. Even today, when government and legal regulations have established to protect their rights, this community most often deal with biases and lack of opportunities. The news like transgender couple from Kerela state who appealed to the Kerela High Court to allow them to get married while revealing their actual identification. However, the truth is that the transgender community are facing identity crisis and never privileged enough to access the fundamental and constitutional rights like the other living in the country, or easy entries in courts of law. Transgender Persons (Protection of Rights) Act This momentous verdict set off the track towards more legal liberation for the transgender community, along with the establishment of the larger LGBTQIA+ movement in India. Unfortunately, the legitimate structure execution was vague. The Transgender Persons (Protection of Rights) Act outlined repeatedly—in the year 2014, 2016 and 2018—but was not successful to pass due to deteriorating obligations that could be abused to affect the Indian community instead of supporting them. The 2019 version of this Act criticized because of the mandatory medical examination was a big question mark for an individual’s Right to Privacy. The truth is that the recognition like “Hizda” & “Chakka” still left indeterminate and abusive to them. In the year 2020, The Union Ministry of Social Justice and Empowerment released the notification for the Transgender Persons (Protection of Rights) Rules 2020, to cover the path between the Supreme Court guidelines in 2014 and the 2019 Act. The verdict of the hearing states was revolutionary and jaw dropping since it ignored prominent definitions and amended for the new law. Discrimination explained and defined as “any dissimilarity, prohibiting or denial on the basis of gender individuality and countenance with the purpose of damaging or abolishing the recognition on an equal basis with others, of all the fundamental human rights and political, economic, social, cultural, civil freedom that comprises of all forms of discrimination, including denial of reasonable accommodation.” The definition of discrimination amended in the final verdicts’ notification. The mandatory medical examination requirement deemed as no longer mandatory. Those who have already registered themselves as transgender before the legislation of the 2019 Act do not have to submit any documents for further identification. New applicants or/and those who are seeking a revised certificate of identification on any gender-affirming medical intercessions must submit a certificate issued by the medical representative to their District Magistrate. Based on the confirmation for the certificate provided by the District Magistrate, other identity proofs must revise within 15 days. The definition of medical intervention has widened well beyond just “surgery.” Rule 2 of the Act defines medical intervention as any gender-affirming medical intervention commenced by an individual to simplify their transition to their SIG or self-identified gender, including but not limiting to counselling, hormonal therapy, and surgical intervention. The guidelines make the provision to start welfare to ensure non-prejudice in public life, along with the formation of a “Transgender Protection Cell” and the designing of an Equal Opportunity Policy. Nevertheless, the Rules do not mention any affirmative action like reservations or exceptions. How You Can Help the Transgender Community As heading to the statement of concluding this article, this fight for the social justice of the transgender community must persist, and every Indian must be a part of it at their level. The basic need of the hour is to at least follow the following points: Educate yourself: Gender identity is an enormous topic remains undiscussed in houses or educational institutions to everybody. Therefore, all of us must educate ourselves about the concern. This means R&D on the subject, listening to those from the transgender person and LGBTQIA+ communities about the challenges they encounter, and examining our own role in prolonging humiliation. It is only through self-education that we should decide to be a part of the solution, and not the problem. Respect their voices: The experiences of a transgender person are different from those of a person with a general gender identity. So, when those from the community ask to be listened, please do that. Listen to their day-to-day challenges, grievances, and their hopes. We should acknowledge their existence and their choice of names while addressing them while understanding their right to privacy, dignity, and equality. Raise awareness: Disgrace, discrimination and inequality cannot be vanished in a minute, but we can gradually reach out to those around us to address it loudly and clearly. If there are people around you as your friends, family, society, or work who hold deteriorating and discriminatory opinions about the community, try to participate in a discussion with them. Ask them their point of view, and then share how these faiths can harm the community. You might not be able to persuade everyone, but it is your duty to raise the awareness. Volunteer: Donating to organization that encourage the transgender community is something, but not all you can do. You can volunteer to operate welfare or training programs for the transgender community in your region and collaborate with non-profits to make their lives at ease.
Introduction The community of transgender people in India has had a prominent manifestation throughout the centuries, and still, even in the 21st century, they have limited rights. This depicts the Indian transgender community one of the most susceptible communities in the country. As integrated within the growing LGBTQIA+ band in India, the transgender community is particularly banished. Their very graphical and culturally substantial presence has always made them the easiest goals of harassment and abuse in the society leaving them poverty stricken. Even today, when government and legal regulations have established to protect their rights, this community most often deal with biases and lack of opportunities. The news like transgender couple from Kerela state who appealed to the Kerela High Court to allow them to get married while revealing their actual identification. However, the truth is that the transgender community are facing identity crisis and never privileged enough to access the fundamental and constitutional rights like the other living in the country, or easy entries in courts of law. Transgender Persons (Protection of Rights) Act This momentous verdict set off the track towards more legal liberation for the transgender community, along with the establishment of the larger LGBTQIA+ movement in India. Unfortunately, the legitimate structure execution was vague. The Transgender Persons (Protection of Rights) Act outlined repeatedly—in the year 2014, 2016 and 2018—but was not successful to pass due to deteriorating obligations that could be abused to affect the Indian community instead of supporting them. The 2019 version of this Act criticized because of the mandatory medical examination was a big question mark for an individual’s Right to Privacy. The truth is that the recognition like “Hizda” & “Chakka” still left indeterminate and abusive to them. In the year 2020, The Union Ministry of Social Justice and Empowerment released the notification for the Transgender Persons (Protection of Rights) Rules 2020, to cover the path between the Supreme Court guidelines in 2014 and the 2019 Act. The verdict of the hearing states was revolutionary and jaw dropping since it ignored prominent definitions and amended for the new law. Discrimination explained and defined as “any dissimilarity, prohibiting or denial on the basis of gender individuality and countenance with the purpose of damaging or abolishing the recognition on an equal basis with others, of all the fundamental human rights and political, economic, social, cultural, civil freedom that comprises of all forms of discrimination, including denial of reasonable accommodation.” The definition of discrimination amended in the final verdicts’ notification. The mandatory medical examination requirement deemed as no longer mandatory. Those who have already registered themselves as transgender before the legislation of the 2019 Act do not have to submit any documents for further identification. New applicants or/and those who are seeking a revised certificate of identification on any gender-affirming medical intercessions must submit a certificate issued by the medical representative to their District Magistrate. Based on the confirmation for the certificate provided by the District Magistrate, other identity proofs must revise within 15 days. The definition of medical intervention has widened well beyond just “surgery.” Rule 2 of the Act defines medical intervention as any gender-affirming medical intervention commenced by an individual to simplify their transition to their SIG or self-identified gender, including but not limiting to counselling, hormonal therapy, and surgical intervention. The guidelines make the provision to start welfare to ensure non-prejudice in public life, along with the formation of a “Transgender Protection Cell” and the designing of an Equal Opportunity Policy. Nevertheless, the Rules do not mention any affirmative action like reservations or exceptions. How You Can Help the Transgender Community As heading to the statement of concluding this article, this fight for the social justice of the transgender community must persist, and every Indian must be a part of it at their level. The basic need of the hour is to at least follow the following points: Educate yourself: Gender identity is an enormous topic remains undiscussed in houses or educational institutions to everybody. Therefore, all of us must educate ourselves about the concern. This means R&D on the subject, listening to those from the transgender person and LGBTQIA+ communities about the challenges they encounter, and examining our own role in prolonging humiliation. It is only through self-education that we should decide to be a part of the solution, and not the problem. Respect their voices: The experiences of a transgender person are different from those of a person with a general gender identity. So, when those from the community ask to be listened, please do that. Listen to their day-to-day challenges, grievances, and their hopes. We should acknowledge their existence and their choice of names while addressing them while understanding their right to privacy, dignity, and equality. Raise awareness: Disgrace, discrimination and inequality cannot be vanished in a minute, but we can gradually reach out to those around us to address it loudly and clearly. If there are people around you as your friends, family, society, or work who hold deteriorating and discriminatory opinions about the community, try to participate in a discussion with them. Ask them their point of view, and then share how these faiths can harm the community. You might not be able to persuade everyone, but it is your duty to raise the awareness. Volunteer: Donating to organization that encourage the transgender community is something, but not all you can do. You can volunteer to operate welfare or training programs for the transgender community in your region and collaborate with non-profits to make their lives at ease.
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