INTRODUCTION AND LITERATURE REVIEW
“Include everyone, no matter their gender, sexual orientation, race, or religion. We are all
human beings and we are a part of the society[1].”
- LEA T
People do not realize and pay attention to the problems, rejections, bullying, and many other consequences faced by the transgender community. Gender refers to the behaviour of an individual, not through stereotypes which may not intervene with the sex assigned at the time of innate, including the personal sense of the body and other ways to express themselves, which makes them feel comfortable either by dresses, mannerism, speech, gestures, etc. People constantly mock and shame them for being themselves and for not being a stereotypical image portrait by them. They would insult them at malls, bus stands, railways, or public gatherings treating them like untouchables, and making their life a living hell. We, people need to embrace other gender barriers and individuality, which would be only possible if intrinsic motivation hits a person deeply. Transgender community from ages faces discrimination for human rights violations when their name, sex, and other judgeable details in official document do not match their gender identity. Self-determined gender is a keystone for an individual. States’ resulting limitations are to provide access to gender recognition in a manner consistent with the rights to equality under the law, freedom from discrimination, privacy, identity, and freedom of expression. Ignorance of gender recognition renders a person’s identity null and void, resulting in a fundamental breach of State obligations. Denying an individual’s legal recognition of their gender harms all aspects of their life, including their right to life[2], right to health[3], right to housing[4], freedom of movement[5], and residence[6]. It also fuels discrimination, violence, and exclusion in social settings.
The transgender community continues to face significant discrimination due to a history of being viewed as mentally ill, socially abnormal, and sexually dangerous. Although these erroneous beliefs have diminished in recent times, transgender individuals still encounter ridicule from a society that does not comprehend their experiences. This stigma manifests in various situations, making transgender people susceptible to politicians who exploit anti-transgender prejudices for their gain, rejection from loved ones or colleagues upon disclosing their transgender identity, and harassment, bullying, and violent attacks.
The term “transgender” can refer to various groups of people, but in this study, it will specifically refer to those who don’t identify with their biological sex. Transgender individuals face a range of challenges, such as discrimination, violence, and mental health issues. Since they challenge societal norms of gender and the assumption that sex and gender match, it can be argued that their experiences are distinct from other marginalized groups. It is crucial to examine how transgender individuals are treated and the obstacles they encounter.
CONSEQUENCES FACED BY TRANSGENDER PEOPLE IN TODAY’S WORLD
Transgender individuals experience various types of discrimination in society, particularly in the areas of healthcare, employment, and education. These forms of oppression are prevalent and significant, often leading to social exclusion for this marginalized group.
Transgender individuals often face discrimination in the education system due to the language and documentation used by schools. Traditional forms and documents that require individuals to select “male” or “female” do not consider the complexities of gender, making transgender individuals feel excluded. Advocates are pushing for schools to adopt a more inclusive language and allow individuals who are transitioning to have their new gender and name reflected on school documents. This is not only a matter of fairness and respect but it also protects transgender individuals from discrimination when they apply for jobs or graduate schools. The issues that transgender students face in higher education, such as safety concerns and access to health care, also apply to secondary education, but lack of knowledge and conservative attitudes in junior high and high schools can make it more difficult. Transgender students and staff may face even greater challenges in parochial schools.
Trans individuals tend to experience a heightened sense of fear or anxiety when it comes to using public restrooms. 54 percent of trans people reported negative health outcomes, such as urinary tract infections, as a result of avoiding bathroom use; 58% avoided going out in public to avoid the problem entirely.[7]
Transgender individuals experience disproportionately high rates of mental health issues, with over 55% experiencing social anxiety and reporting suicide attempts[8]. Factors that contribute to suicide attempts include thoughts of suicide related to their transgender identity, past experiences of verbal and physical abuse from parents, and negative body image, particularly regarding weight and how others perceive their bodies. Transgender individuals face unique obstacles and discrimination solely based on their gender identity. This often takes the form of derogatory language, insults, and even physical violence toward LGBT individuals. Many LGBT people choose to remain invisible to protect themselves from discrimination and social exclusion. This invisibility is often seen as a survival tactic due to the perceived risks associated with being open about one’s identity.
It is clear from the available data that transgender individuals of colour, particularly black and Latino individuals, face significant disadvantages and discrimination in the workplace[9]. This discrimination can lead to high unemployment rates, poverty, and other social and financial challenges. There is evidence to suggest that this discrimination is not solely a result of anti-transgender bias, but is also influenced by structural racism. Transgender people of colour may face intersecting forms of discrimination and marginalization, which can exacerbate the challenges they face.
VIEWPOINT TO CURB THE PROBLEM
Employers, policymakers, and society as a whole must recognize and address the challenges that are faced by transgender people of colour. This can include implementing policies and practices that promote workplace inclusion and equity, providing resources and support for job training and education, and addressing broader societal issues of racism and inequality.
BASIC RIGHTS OF TRANSGENDER AND RULINGS BY SUPREME COURT OF INDIA IN THE FAVOUR OF TRANSGENDERS
Transgender individuals are entitled to the same rights and protections as any other individual, regardless of their gender identity. They have the right to live freely, without discrimination, harassment, or violence. The Indian Constitution recognizes these rights and provides legal protection for them. There are various gal provisions in India, that protect the rights of transgender individuals. The Transgender Persons (Protection of Rights) Act, 2019[10], for example, recognizes transgender persons as a third gender and provides them with various rights, including the right to self-perceived gender identity, the right to education, employment, healthcare, and other services.
Transgenders are also entitled to Article 14[11], Article 15[12], and Article 21 [13]of the Constitution of India as they protect certain rights of the people.
It is important to recognize and respect transgender people’s rights, as well as to provide a safe and welcoming environment for them. This requires awareness, education, and advocacy to eliminate discrimination and promote equality.
The Supreme Court of India made a landmark ruling in 2014 in the case of The National Legal Services Authority v. Union of India[14]. This ruling recognized transgender individuals as the “third gender” and affirmed that they are entitled to the same fundamental rights [15]as other citizens under the Indian Constitution[16]. The decision also granted transgender people the right to self-identify as male, female, or third gender.
In the landmark case of Navtej Singh Johar v. Union of India[17], the Court struck down Section 377 of the Indian Penal Code[18], which criminalized consensual same-sex sexual activity. The Court held that Section 377 [19]is violative of the fundamental rights of individuals and was discriminatory against the LGBTQ+ community. In its decision, the court emphasized the importance of protecting the rights of transgenders. The court’s decision was a significant step forward in India’s recognition and protection of the transgender community’s rights.
CONCLUSION
Discrimination and exclusion faced by transgender individuals in mainstream society is a pervasive issue that has significant negative impacts on their lives. Despite the progress made toward acceptance and equality for transgender people in recent years, there is still a long way to go. To address these issues, society needs to become more educated and accepting of transgender people. This includes changes to laws and policies that protect transgender rights. There is also a need for more education and awareness programs to help people better understand and respect the transgender community. Furthermore, it is important to remember that transgender individuals are not a monolithic group, and their experiences can vary widely depending on factors such as race, class, and geographic location. Overall, there is a need for greater awareness, inclusivity, and respect for transgender individuals in all aspects of society.
Author(s) Name: Rimi Gautam (Dr. Ram Manohar Lohiya National Law University,
Lucknow)
References:
[1] Shreya Sojatia, ‘Quotes by transgender people that will inspire you’ (She the People, 20 January 2021) <Quotes by transgender people that will inspire you – SheThePeople TV> 7 January 2023
[2] Constitution of India, 1950, art 21.
[3] Ibid 2
[4] Constitution of India, 1950, art 19.
[5] Ibid 4
[6] Ibid 4
[7] Javeria Khan, ‘Discrimination Faced by Transgender’ [2020] DOI 8.
[8] Ibid
[9] Ibid, 10
[10] The Transgender Persons (Protection of Rights) Act, 2019.
[11] Constitution of India, 1950, art 14.
[12] Constitution of India, 1950, art 15.
[13] Constitution of India, 1950, art 21.
[14] The National Legal Service Authority v. Union of India AIR 2014 SC 1863.
[15] Constitution of India, 1950, part 3.
[16] Constitution of India, 1950.
[17] Navtej Singh Johar v. Union of India AIR 2018 SC 4321.
[18] Indian Penal Code 1860, s 377.
[19] Ibid
