Introduction :- 

National Human Rights Commission (NHRC) for the first time did a study on the conditions of transgenders in India. Transgender people are individuals of any age or sex whose appearance, personal characteristics, or behaviors differ from stereotypes about how men and women are ‘supposed’ to be. Transgender people have existed in every culture, race, and class since the story of human life has been recorded.  The contemporary term ‘transgender’ arose in the mid-1990s from the grassroots community of gender-different people. In contemporary usage, transgender has become an ‘umbrella’ term that is used to describe a wide range of identities and experiences, including but not limited to transsexual people; male and female cross-dressers (sometimes referred to as ‘transvestites,’ ‘drag queens’ or ‘drag kings’); inter-sexed individuals; and men and women, regardless of sexual orientation, whose appearance or characteristics are perceived to be gender atypical. In its broadest sense, transgender encompasses anyone whose identity or behavior falls outside of stereotypical gender norms. That includes people who do not self-identify as transgender, but who are perceived as such by others and thus are subject to the same social oppressions and physical violence as those who actually identify with any of these categories. Other current synonyms for transgender include ‘gender variant,’ ‘gender different,’ and ‘gender non-conforming.’

Efforts taken to improve the situation of transgenders in India

• National Legal Services Authority versus Union of India: The Supreme Court of India legalized the presence of transgender people in 2014, and allowed the legal creation of a “third gender” category.
• The judgement also called for affirmative action in education, primary health care, and that transgenders be identified as beneficiaries of social welfare schemes.
• NHRC in its report has pointed that center and state government have failed to implement SC guidelines in NALSA judgement or bring laws to improve lives of the transgenders. There is also no clarity on OBC status of transgenders".
• Transgender Persons (Protection of Rights) Bill, 2016: The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. In addition, the person’s gender must not match the gender assigned at birth, and includes trans-men, trans-women, persons with intersex variations and gender-queers. It prohibits discrimination against a transgender person in areas such as education, employment, and healthcare. It directs the central and state governments to provide welfare schemes in these areas. Offences like compelling a transgender person to beg, denial of access to a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine. It directs Central government to constitute a National Council for Transgender headed by the Union Minister of Social Justice and Empowerment.
• It provides no child who is born a transgender can be separated from his parents except on a court’s order. Every transgender person shall have : right to reside in the house-hold where parent or immediate family members reside; a right not to be excluded from such house-hold or any part thereof; a right to enjoy and use the facilities of such house-hold in a nondiscriminatory manner. The Government shall take the following measures in relation to the transgender persons, namely: a separate HIV surveillance Centres; to provide for medical care facility including sex reassignment surgery and hormonal therapy; pre and post sex reassignment surgery and hormonal therapy counselling; bring out a Health Manual related to sex reassignment surgery in accordance with the World Professional Association for Transgender Health guidelines; to facilitate access to the transgender persons in the hospitals and other healthcare institutions and centres; provision for coverage of medical expenses by a comprehensive insurance scheme for transgender persons.

Issues with the bill :- 

Issues with the bill:

• The Bill states that a person recognised as ‘transgender’ would have the right to ‘self-perceived’ gender identity. However, it does not provide for the enforcement of such a right. A District Screening Committee would issue a certificate of identity to recognise transgender persons.
• The Supreme Court has held that the right to self-identification of gender is part of the right to dignity and autonomy under Article 21 of the Constitution.
• The definition of ‘transgender persons’ in the Bill is at variance with the definitions recognised by international bodies and experts in India.
• The Bill includes terms like ‘trans-men’, ‘trans-women’, persons with ‘intersex variations’ and ‘gender-queers’ in its definition of transgender persons. However, these terms have not been defined.
• Certain criminal and personal laws that are currently in force only recognise the genders of ‘man’ and ‘woman’. It is unclear how such laws would apply to transgender persons who may not identify with either of the two genders.
• It does not include the creation of institutions like the national and State commissions for transgenders, as well as transgender rights courts which were part of the earlier draft bill.
• University Grants commission in 2014 issued a notification to facilitate the education of transgenders such as grievance cells in colleges, separate category in admission and examination forms etc.

Important steps taken by states:

• Tamil Nadu is frontrunning state in taking steps for development of transgenders by providing them education, identity cards and subsidized food and free housing. In a pioneering effort to address the issues faced by transgender people, the government of Tamil Nadu established a transgender welfare board in 2008 (West Bengal, Maharashtra, Chhattisgarh and Karnataka have also established the board). Seats have been reserved in colleges and universities for the members of transgender community.
•  Tamil Nadu AIDS Initiative has formed a federation of 20,000 transgenders which provides various health services to its members.
•  Kerala government brought the ‘State Policy for Transgenders in Kerala 2015’ to provide the “right to live with dignity.” Village and district panchayats and municipalities have been tasked with finding jobs, running special training and skills programmes and welfare projects. A Transgender Justice Board has been established to address issues of discrimination and violence against them. The Kochi Metro also provides jobs quota to Transgenders.

International Practices :

• Countries like Denmark, Malta and Argentina have made legislations related to self-determination. Following Argentina’s lead India can choose to adopt the Yogyakarta principles- i.e. adopt a model of gender recognition that does not rely on a diagnosis by medical professionals.
• In United Kingdom change in legal sex does not have an effect on marriage, security benefits/pensions and do not adversely affect parenthood or succession rights.
• Following precedents set by Iran, Argentina and Brazil sexual reassignment surgery and hormone therapy should be defined as a public health right and be made freely available. 

Way forward

• Government has taken certain measures to identify and enumerate transgender population. These measures need more streamlining and inter-ministerial cooperation is also required.
• While various state governments formulated schemes for transgender communities, a National policy is an urgent need to ensure greater involvement of transgender persons in policy formulation and program development.
• It is important to sensitize parents of transgender children and other members of the society with regards to the human rights of the transgender community.
• Transgender children are under severe stress and low self-esteem and counselling services need to be provided to them. A component of such services could be included under the Integrated Child Protection Schemes.
• Legal and the law enforcement systems need to be empowered and sensitized on the issues of Transgender community. Special Grievance Redressal Cells for their protection should be set up in all police stations.
• Child Protection laws need to be strengthened to address issues faced by transgender adolescents. The abandonment of child is a punishable offence under Section 317 of IPC. The age limit of child for this offence need to be increased to 18 years as abandonment of transgender children usually takes place between 12 and 18 years.
• Care homes for transgender children should be setup to prevent exploitation of vulnerable transgender children.
• Legally transgender cannot enter into a marriage, have spouse and setup their own family in India. They need to be provided right to marry and right to a family along with right of sexual orientation.
• Government should take steps to provide housing facilities to transgender people.
• Transgender people should get equal employment opportunities and every employer should be made to declare policy statement on trans recruitments.
• Local governments need to play a positive and proactive role in removal of taboos and discrimination.
• All treatment and other facilities should be provided at free of cost or at subsidized rates to all transgender patients in both government and private hospitals.
• School and colleges need to play a supportive and encouraging role in providing education and value-system to Transgender.
• Establishment of helpline for career planning and guidance, career opportunities and online placement system must be empowered.
• Liberal credit facilities and financial assistance must be ensured to start up their career as an entrepreneur or businessman.