India’s transgender community has had a long history in the country’s various spheres and has contributed in various facets of life. Its trajectory has witnessed periods of acceptance, brutal rejection, stigmatisation and heroic efforts to claim its rightful place. The COVID-19 pandemic which has still not loosened its grip completely was particularly harsh on the community.
Recently there were two news reports about transgender persons in India that were indicative of the contradictory perceptions about the community.
On 9 December 2022, the Bombay High Court had expressed its displeasure at the state government not implementing the Supreme Court’s directions that recognised the rights of transgender persons. These include reservations in educational institutions and government jobs. Two transgender persons had petitioned the Maharashtra Administrative Tribunal (MAT) seeking the option of “third gender” in the application forms for the post of police constables.
The Maharashtra Police’s recruitment drive in December has now received 10 applications from transgender persons (eight for posts of police constables and two for drivers). The state government has told the court that it will frame the rules setting the standards for the physical tests by February 2023. This outcome was a result of a tenacious battle by transgender Arya Pujari who is also one of the 10 applicants. Pujari’s efforts to gain this right are truly noteworthy and spanned four years.
Wanting meaning and acceptance
What the 22-year-old Pujari told Newslaundry is poignant and incredibly brave: “I want to make my life meaningful. That’s why I want to become a police official. The most important thing is that my parents shouldn’t think they were cursed by giving birth to me. I want them to hold their heads high.”
A few days before this development, newspapers reported that a transwoman from Delhi had complained that she was coerced into resigning as a teacher from a private school in Kheri (Uttar Pradesh) because of her identity. The National Commission for Women (NCW) took cognisance of her complaint and notified the local police to inquire into the issue. The police report is now awaited. While the teacher Jane Kaushik has complained of harassment at the school from colleagues and students and being forced to leave, the school authorities have said the teacher’s incompetency was the cause. Kaushik has pointed out that she has a Master’s degree along with a BEd degree and was employed by the school after four rounds of interviews. However, she was asked to leave within a week of joining.
Right to choose gender
It was in 2014 that the Supreme Court ruled that since it is the right of every human being to choose their gender, it was granting the right to those who do not identify as male or female to be recognised as the third gender. The SC directed the government to ensure quotas for transgender persons in jobs and educational institutions like those for other minorities.
Gender justice activists put the number of transgender persons in India at approximately five million. The term ‘hijra’ is a catchall phrase in India for transgender, transsexuals, cross-dressers, transvestites and eunuchs. However, there are distinctions that need to be understood and appropriately named. The SC in its 15 April judgement had defined the terms used for the different transgender communities.
As the transgender community struggles to demand its rightful place as citizens there are many difficulties and obstacles that they have to face on account of their identity.
One aspect that is crucial and needs urgent attention is how the lack of official documentation hampers the community’s access to social and other public benefits. As news reports pointed out during the pandemic lockdown period the government announced that each transgender person would receive a direct transfer of ₹ 1,500 along with ration provisions. However, only a miniscule section actually received these benefits because a larger section did not have bank accounts.
Lack of official documentation
Like other severely marginalised communities, this community suffers due to lack of documentation that is needed in almost every sphere of public life. In 2009, the Election Commission allowed transgenders to choose their gender as “other” on ballot forms.The Census 2011 offered the option of ‘Other’ to declare a citizen’s sex apart from male and female. While this was a first and a welcome one the either male or female only ways followed in so many other identification processes in the public domain continue.
The harassment and discrimination suffered by the transgender community in almost every field including health services is well known. The socially accepted binary of male or female forces them to choose either. The trauma of sexual bullying, assaults, mockery in public and other forms of harassment is the lot of most transgender persons right from birth.
Despite the fact that their blessings are considered auspicious at wedding and birth ceremonies, their sources of livelihood have been severely restricted. World history is replete with how royal courts were familiar with members of the transgender communities and the important roles they played therein. Closer to our times however begging, singing and dancing and prostitution have been traditionally considered the two sources to eke out a rather uncertain living income.
Tamil Nadu as pioneer
A number of states in India have over the past decades made attempts to ensure that the transgender community is able to exercise its rights and primarily equip themselves to seek employment. Among these states are Tamil Nadu, Karnataka (announced a third gender reservation in police recruitment in September 2022) and a few others. In fact, the Tamil Nadu Aravanigal (Transgender) Welfare Board was formed in 2008 to coordinate social programmes and help the community’s access to public schemes. A UNDP report titled The Case of Tamil Nadu Transgender Welfare Board 2012 attributes it to “factors (that) ranged from gain in the political support as a legitimate minority, increase in the acceptance of the general public and mass media, and advocacy efforts of transgender community leaders and activists and civil society.”
There is a wealth of significance in this succinct statement in the report’s executive summary. For example, the Indian Express wrote about the Ektara Collective’s latest film Ek Jagah Apni. It shows the experience of two trans women and their search for a house. This is not a lone effort of course. Several non -governmental organsiations (NGOs) working among the community and activists have used all forms of media to ensure that public awareness of its issues grows.
As the UNDP report mentioned above says public awareness and acceptance has grown but much more needs to be done. As the testimonies of many of the transgender persons show let alone societal acceptance, they are not accepted within their immediate families.
The transgender community has shown remarkable resilience. The advocacy and struggles of many among them are bearing fruit. But it is not merely the community’s duty to ensure that the authorities treat them like citizens with rights. It is society at large that must join in the efforts and examine its own complicity.