LGBTQ: Rights of Transgender Community

Introduction:

We all love freedom, no matter what we do, where we live, which community we belong to. Freedom is one of the most important factors because it helps individuals a lot to go through life by managing different functions. Every creature on this planet has the right to live to the fullest, love whomever they want, laugh as much as they feel with all the aspects’ of freedom.

Similarly, each individual has the right to choose their life partners and to live a life with respect and dignity without the interference of any alien. Every individual is entitled to enjoy all the rights and freedom.

According to the etymology, of LGBT- Lesbian, Gay, Bisexual, Transgender has the meaning i.e. Lesbian, is the woman who is physically, emotionally, romantically attracted to another woman. Some lesbians may be preferred as gay or gay women. And if we talk about gay, whoever is subject to be described as people who are attracted to someone with same-sex. Bisexual means who has the capacity to form enduring physical, emotional to the same gender or the opposite gender. Transgender is the term which resides a community whose characteristics doesn’t match identically to the sex or gender they born with.

History

In our ancient era, we saw that the transgender community holds its different rank in society. Earlier homosexual intercourse was not sanctioned but treated with very minor fines. It was believed that one of the canonical texts of Rigvedas mentioned about homosexuality which says that “what seems unnatural is also natural.” The glorified text talks about the existence of homosexuality in ancient times. The society accepted it and also practised it with their own personal preferences. We observe the erotic sculptures of two women and two men together depicting homosexuality at Khajuraho temples. Even at the times of Mughals, the practice of homosexuality was even in trend as the Muslim emperors themselves established the relations with the people of same-sex as they fell for them.

But when the Britishers came to India and ruled the nation for more than a century, they criminalized homosexuality and sexual activities considering them as against the mother nature Under section 377 of Indian Penal Code.

Important Judgement- Naz Foundation

According to facts, the NAZ foundation filed a petition to abolish article 377 which criminalizes homosexuality. In 2009, the Delhi high court, it was believed that treating consenting homosexual sex between two people as a crime or an offence under 377 is the violation of fundamental rights stated in Indian Constitution But it was by 2018 that our lawmakers gave the landmark decision of decriminalizing homosexuality and banned discrimination on the bases on one’s sexual orientation. LGBT groups have been fighting for their rights and acceptance since long. But gradually after the amendment in section 377 of Indian Penal Code things have started changing a bit.

Nalsa vs Union of India

The judgment which was given and popularly known as Transgender Case, held in the pursuance of public interest litigation filed by NALSA seeking interest in the injustice of transgender community. The non-acceptance of their sexual orientation is the violation of their fundamental rights. Judges’ judgment was mainly based on foreign judgments and finally gave the decision in favour of them and directed a few guidelines:

1. Hijras, apart from binary genders, be treated as “third gender” for the purpose of safeguarding their rights under Part III of Constitution and the laws made by Parliament and the State Legislature.
2. Transgender person’s right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as the third gender.
3. We direct the Centre and the State Governments to take steps to treat them as Socially and Educationally backward classes of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.
4. The Centre and State Governments are directed to operate separate HIV zero-1surveilance centres since hijras/transgender face several sexual health issues.
5. The Centre and State Governments should seriously address the problems being faced by hijras/transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one’s gender is immoral and illegal.
6. Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them with separate public toilets and other facilities.
7. The Centre and State Governments should also take steps for framing various social welfare schemes for their betterment.
8. The Centre and State Governments should take steps to create public awareness so that TGs will feel that they are also part and parcel of the social life and be not treated as untouchables.
9. The Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life. We are informed an expert committee has already been constituted to make an in-depth study of the problems faced by the transgender community and suggest measures that can be taken by the Government to ameliorate their problems and to submit its report with the recommendations within three months of its constitution. Let the recommendations be examined based on the legal declaration made in this judgment and implemented within six months”.

Difficulties Faced

LGBT communities face discrimination, non-acceptance, hatred, intolerance, harassment, violence on the base of their sexual orientation since ages in society. In many countries, homosexuality is still an offence or illegal. Many might even give punishments, apply fines, and the death penalty at times.

When it comes to gay rights the society faces social phobia. Many aren’t even in the favour of decriminalizing 377. Just like most Indian parents aren’t comfortable in educating their children about sex education. Many times Indian parents couldn’t accept the fact about the sexual orientation of their child.

Even now, in 21st-century people consider homosexuality as a disease which is curable. It is hard to gain acceptance from a narrow-minded society which sometimes cannot even accept love marriages of an opposite-gender couple with their consent. Just like other social evils in India, homosexuality is considered to be the same. Being gay or bisexual or transgender is not a matter of choice. Parents consider it as a bad phase of life and suggest getting married or to see a psychiatrist and even choose to do black magic. Many times parents disown their children after knowing that they are homosexuals or even boycott them from the property shares etc.

Transgenders were given the supreme respect and high ranks in the Hindu mythologies. Lord Shri Ram was impressed by the devotion of Transgender also known as hijras/kinnars and were boon by lord Shri Ram that their blessings will always be true and it will be fulfilled. Some people also consider that we should never disrespect hijras as their curses will always come true and will create havoc and problems.

The society we live in, come forward to take blessings from transgender but do not appoint or give them jobs for a living, results in asking for money on red lights and chorahas. LGBT had limited rights and faced social difficulties among other groups of people. They continue to go through various obstacles in growing up in such a society. People do not lend them houses to live in. They cannot find jobs and if, doesn’t get respect in peer groups. They face harassment in schools, colleges, offices, other institutes etc. constant harassment by police etc. Homosexuals go through depression, mental trauma. In India homosexual couple still cannot register their marriages to court and there is still no right to marriage, single females can adopt a child but single males cannot hence there is no right to adopt or surrogacy.

After facing all the hatred, obstacles there are few successful transgender like Sathyasrisharmilas India’s first transgender lawyer, first transgender judge JoyitaMondal, first transgender police officer PrithikaYashini [4] and many more whom had made their community proud and set an example for others. In a few sectors, the government gives equal rights like in education sectors, army ranks, etc to transgender. We need to aware people about LGBTQ as awareness is the key to success. We need to accept them as a part of society. We need to change our perspective towards them. They are as equal as others. Everyone has a right to love and live a life with dignity. Society needs to accept homosexuals and need to give equal rights and respect.

Conclusion

At the end of the day, we live in a conservative society, where acceptance and recognition to homosexuals are still very difficult even after years of sacrifice and wait. There is still a long way to go before getting a respectable position in society. But as it is always said that

“WHERE THERE IS WILL, THERE IS A WAY.”

References:

[1] DEFINATION OF LGBT

https://gaycenter.org/about/lgbtq/

[2]HISTORY OF LGBT

https://www.apa.org/pi/lgbt/resources/history

[3] NALSA V UNION OF INDIA

https://indiankanoon.org/doc/193543132/

[4] SUCCESSFUL TRANSGENDERS https://www.shethepeople.tv/home-top-video/10-transgender-people-breaking-barriers/