05 Sep “From Margins to Mainstream: The Journey of LGBTQ+ Acceptance in India”
This article covers “Daily Current Affairs” and topic details of LGBTQ+ Acceptance in India.
Syllabus mapping:
GS-2: Social justice: Vulnerable sections and policies related to it.
GS-1: Society: Population and related issues.
For Prelims:
What are the provisions of the Transgender Persons (Protection of Rights) Act 2019, National Council for Transgender People? What are the schemes related to transgender individuals? Various case laws related to Transgender persons.
For Mains:
What are the policies related to transgender persons in India, Issues faced by the transgender persons in India? Ways and solutions for more acceptance of in society.
Why in the News?
Following a Supreme Court judgment in Supriyo@Supriya vs. Union, the Union Government constituted a Committee chaired by the Cabinet Secretary. This Committee is tasked with defining and elucidating the entitlements of the queer community and recommending measures to safeguard their interests. This committee is tasked with clarifying and defining the entitlements of the queer community.
Status of Transgender Persons in India
Recognition:
For a long time, the transgender community in India has existed on the margins of society. It was not until the landmark Supreme Court ruling in 2014, commonly known as the NALSA judgment, that transgender individuals were officially recognized as a ‘third gender’ under Indian law.
Official definition:
The Transgender Persons (Protection of Rights) Act, 2019 defines a “transgender person” as someone whose gender identity does not align with the gender assigned to them at birth. This definition encompasses various identities, including:
1. Trans-men and trans-women (regardless of whether they have undergone sex reassignment surgery, hormone therapy, or other treatments)
2. Individuals with intersex variations
3. Genderqueer individuals
4. Those with socio-cultural identities such as kinner, hijra, aravani, and jogta.
Population in India
In the 2011 Census of India, the Registrar General introduced a third gender category in addition to Male (1) and Female (2). This category, coded as ‘3,’ was intended for those who did not identify strictly as male or female, including transgender individuals. According to the 2011 Census, the ‘other’ category had a population of 487,803.
Various Policies /Schemes/ Initiatives for the LGBTQ+ Community
Schemes:
1. The SMILE (Support for Marginalised Individuals for Livelihood and Enterprise) scheme is a comprehensive initiative that aims to support the transgender community and individuals engaged in begging through rehabilitation, medical care, counseling, education, skill development, and economic support.
2. National Portal for Transgender Persons: The National Portal for Transgender Persons allows transgender applicants to obtain an identity certificate and card online without in-person visits.
3. NISHTHA: It is a part of Samagra Shiksha, and trains teachers nationwide on integrating gender dimensions into teaching to create gender-sensitive classrooms.
4. Garima Greh: Garima Greh aims to safeguard the rights of transgender persons by providing Shellters to them across India.
5. PM-DAKSH: This aims to provide skill development training to transgender beneficiaries
6. Skill India Mission: Under Skill India Mission, the Ministry of Skill Development offers PMKVY, JSS, and NAPS for short-term training, and CTS for long-term training, including for transgender individuals.
Policies:
1. Railway Reservation Forms: In 2016, the Ministry of Railways added a third-gender option to its reservation forms and railway ticket bookings
2. Financial Assistance for Transgender Persons: The Ministry of Rural Development includes transgender individuals in its National Social Assistance Programme (NSAP),
3. Job Application Forms: The Ministry of Personnel instructed all central ministries and departments to update their job application forms and examination rules to include ‘transgender’ as a separate category for government jobs.
4. Ration Cards: The Department of Food and Public Distribution issued an advisory to ensure that partners in queer relationships are treated as part of the same household for ration card purposes.
5. Bank Accounts: There are no restrictions on queer individuals opening joint bank accounts or nominating partners as beneficiaries.
Legislation:
Transgender Persons (Protection of Rights) Act, 2019: Act provides for:
1. Prohibition: Prohibiting discrimination against transgender individuals in educational institutions, employment, and healthcare services.
2. Recognition: Recognizing and respecting the self-perceived gender identity of transgender persons.
3. Support: Providing the right of residence with parents and immediate family members.
4. Policies: Formulating welfare schemes and programs for the education, social security, and health of transgender individuals.
5. Institution: Establishing the National Council for Transgender Persons to advise, monitor, and evaluate measures for the protection of transgender rights. The National Council for Transgender Persons was constituted via a notification on August 21, 2020.
Discrimination Against LGBTQI+ Individuals
1. Labor Market Discrimination: LGBTQI+ individuals often encounter significant employment barriers, including biases that hinder their job prospects and career advancement. Once employed, they may face harassment such as derogatory comments or exclusion.
2. Educational Institutions: Many schools and universities lack adequate support systems, such as inclusive curricula and counseling services, which can increase feelings of isolation and distress.
3. Healthcare Discrimination: Accessing healthcare services due to stigma and discrimination, including reluctance from providers and inappropriate behavior from staff. In some cases, they may be outright denied care, particularly for gender transition or sexual health needs.
4. Family Rejection and Social Isolation: Many LGBTQI+ individuals face rejection from their families due to their sexual orientation or gender identity, leading to emotional distress and the loss of crucial familial support. This rejection, combined with societal stigma, often results in significant social isolation.
5. Human Rights Violations: LGBTQI+ individuals are at a heightened risk of experiencing violence, including physical attacks and torture. In some regions, LGBTQI+ individuals face criminalization of their sexual orientation or gender identity.
6. Forced Medical Procedures: There have been instances of forced medical procedures, such as conversion therapy or non-consensual surgeries, aimed at altering or suppressing LGBTQI+ identities. These practices are harmful and violate human rights.
Way Forward:
1. Individual Responsibility:
Households: Create a supportive and understanding home environment for LGBTQIA+ individuals.
Workplaces: Adopt policies that ensure equal treatment and safe spaces for LGBTQIA+ employees.
Institutions: Make schools and healthcare services inclusive by teaching LGBTQIA+ awareness and addressing biases.
2. Building Awareness and Empathy:
Education: Educate people about LGBTQIA+ issues through programs and public campaigns. Encourage LGBTQIA+ individuals to participate in community events and support their involvement.
3. Support for LGBTQIA+ Organizations:
Funding and Resources: Provide financial support to LGBTQIA+ advocacy groups.
Gender-Inclusion Fund: Create a fund to improve education for girls and transgender students.
4. Community and Public Engagement:
Curriculum Integration: Include LGBTQIA+ topics in school lessons to teach respect and diversity.
Teacher Training: Train teachers to handle LGBTQIA+ issues sensitively.
Positive Representation in Media: Show diverse and positive LGBTQIA+ portrayals in media.
5. Health and Well-Being:
Inclusive Healthcare Services: Train healthcare providers to offer respectful and inclusive services.
Mental Health Support: Provide mental health services that address the specific needs of LGBTQIA+ individuals.
6. Institutional and Organizational Initiatives:
Diversity and Inclusion Policies: Encourage companies to adopt inclusive policies, like Zomato’s employment of transgender persons.
Public-Private Partnerships: Promote collaboration between the government, NGOs, and businesses to support LGBTQIA+ rights and inclusion.
CONCLUSION:
India has made progress in supporting transgender and LGBTQI+ communities through new laws and initiatives. However, challenges like discrimination and lack of support still exist. The Transgender Persons (Protection of Rights) Act, of 2019 has helped, but more work is needed to improve access to jobs, education, and healthcare. By encouraging personal responsibility, raising awareness, backing LGBTQIA+ groups, and promoting inclusivity, India can move towards a more equal and supportive society for everyone.
PRELIMS QUESTION:
Q.1. Consider the following statements:
Statement-I: The National Council for Transgender Persons (NCTP), is the statutory body for Advising the Central Government on policies, programs, legislation, and projects for transgender persons.
Statement-II: The Rights of Persons with Disabilities (RPwD) Act, 2016, makes it mandatory for the government of India to establish a special body for the welfare of transgender persons.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement II is correct
ANSWER: C.
MAINS QUESTION:
Evaluate the Transgender Persons (Protection of Rights) Act, 2019 by outlining its provisions, identifying the current challenges it faces, and suggesting measures to improve its effectiveness.
(250 Marks 15 words)
No Comments