Even after 78 years of Independence, social acceptance and opportunities seem a far-off dream for India’s transgender community despite few landmark judgements
As Gauri aptly puts it, “Bharat is our mother as well. A Mother that nurtures and protects us all.” Perhaps, collective action is the need of the hour, not just from the Government, but from fellow citizens as well to build an India that nurtures everyone without discrimination. (Image: DC)
Even as India celebrates its 78th year of Indepen-dence, many from the transgender community wonder if they have been truly liberated from the shackles of discrimination and abuse even after 78 years of freedom. The layers of discrimination pierce through different layers – social, economic, physical, and political. However, in the last few years, the community has been all charged up to bring about some positive change in the community and the country at large. “Out of the 78 years of Independence, we have only seen progress happen since 2014,” says Aakruti Patel, a transwoman from Pune who works at Mist LGBTQ Foundation as an Outreach and Advocacy Manager and is a member of the Gujarat Transgender Welfare Board. Aakruti adds that for almost 69 years since Independence, the transgender community was never recognised despite its existence in huge numbers.
Ground Reality
Legally speaking, from India’s famous NALSA Judgement 2014 to the Transgender Persons (Protec-tion of Rights) Act 2019, these legal goodies did pave the way for the transgender community to be bestowed with some form of ‘acknowledged identity.’ Anjali Siroya, a transwoman who works as an Assistant Manager (Advocacy), The Humsafar Trust, appreciates the changes brought in by the government. “I feel empowered today that there is some law that backs me up,” says Anjali. The 2019 Act did bring some relief to the community as it ensured that they would be protected against discrimination, including any kind of unfair treatment in terms of employment, education, access to healthcare and opportunities, and so on. However, the ground reality is very different.
Shree Gauri Suresh Sawant, Founder Sai Savli Foundation (Aajicha Ghar), Director of Sakhi Char Chowghi Trust & Social worker, Mumbai says, “The little love we get today is out of fright, not out of respect.” Gauri, who was a petitioner in the landmark 2014 Judgement says, “It has been almost 11 years. We have seen changes happen nationally but that’s not enough. Those who experience change today come from socially privileged backgrounds. What about the hijras begging at signals and engaging in sex work?” asks Gauri, adding, “They have given us an identity, but they have not given us our rights. Voting rights have been given to the transgender community but they have not been given property rights.”
Daily Challenges
A few states like Maharashtra, Chhattisgarh, Raipur, Karna-taka, and Tamil Nadu have set up transgender welfare boards, welfare policies, and practices in place for the transgender community. However, Aakruti says that they are still unable to fully deliver or help transgenders socially or financially. She explains the Transgender Persons (Protection of Rights) Act 2019 provides ‘adoption-rights’ but it’s ‘only on paper.’ “If I as a transwoman want to adopt a child and approach a shelter home, they will first check how financially secure I am as a person,” Akruti says provisions in terms of education and employment are yet to be provided.
360-Deg Change
Some transgenders have got a Padma shri, have become IAS officers, and joined police forces but perhaps little attention is paid to their achievements. “People still think of transgenders only as beggars or sex workers,” says Aakruti, adding that there needs to be “change in people’s mindset.” Anjali shares that as a young transwoman, she has witnessed positive changes brought in by the NALSA judgment in 2014. She believes that the 2019 Act has further accelerated progress in some way. However, she admits that there is a lot more to do socially. “While there may be Garima Greh which provides shelter home facilities for those who have been disowned, the need is to stop the disowning from happening,” says Anjali.
Rayyan Monkey, a student filmmaker, who identifies as a transwoman feels that the voice of the transgender community is not heard within the government or private sectors of the nation. Any form of abuse towards transgenders has been criminalised. But the maximum sentence for abusing a trans person is only two years as compared to sentences usually for rape which is a minimum of seven or 10 years or more.
Freedom & Pride
The transgender community has come a long way. All they want is equal rights to lead a dignified life like others. Gauri aptly puts it, “Bharat is our mother as well. A Mother that nurtures and protects us all.” Perhaps, collective action is the need of the hour, not just from the Government, but from fellow citizens as well to build an India that nurtures everyone without discrimination.
Ground Reality
Legally speaking, from India’s famous NALSA Judgement 2014 to the Transgender Persons (Protec-tion of Rights) Act 2019, these legal goodies did pave the way for the transgender community to be bestowed with some form of ‘acknowledged identity.’ Anjali Siroya, a transwoman who works as an Assistant Manager (Advocacy), The Humsafar Trust, appreciates the changes brought in by the government. “I feel empowered today that there is some law that backs me up,” says Anjali. The 2019 Act did bring some relief to the community as it ensured that they would be protected against discrimination, including any kind of unfair treatment in terms of employment, education, access to healthcare and opportunities, and so on. However, the ground reality is very different.
Shree Gauri Suresh Sawant, Founder Sai Savli Foundation (Aajicha Ghar), Director of Sakhi Char Chowghi Trust & Social worker, Mumbai says, “The little love we get today is out of fright, not out of respect.” Gauri, who was a petitioner in the landmark 2014 Judgement says, “It has been almost 11 years. We have seen changes happen nationally but that’s not enough. Those who experience change today come from socially privileged backgrounds. What about the hijras begging at signals and engaging in sex work?” asks Gauri, adding, “They have given us an identity, but they have not given us our rights. Voting rights have been given to the transgender community but they have not been given property rights.”
Daily Challenges
A few states like Maharashtra, Chhattisgarh, Raipur, Karna-taka, and Tamil Nadu have set up transgender welfare boards, welfare policies, and practices in place for the transgender community. However, Aakruti says that they are still unable to fully deliver or help transgenders socially or financially. She explains the Transgender Persons (Protection of Rights) Act 2019 provides ‘adoption-rights’ but it’s ‘only on paper.’ “If I as a transwoman want to adopt a child and approach a shelter home, they will first check how financially secure I am as a person,” Akruti says provisions in terms of education and employment are yet to be provided.
360-Deg Change
Some transgenders have got a Padma shri, have become IAS officers, and joined police forces but perhaps little attention is paid to their achievements. “People still think of transgenders only as beggars or sex workers,” says Aakruti, adding that there needs to be “change in people’s mindset.” Anjali shares that as a young transwoman, she has witnessed positive changes brought in by the NALSA judgment in 2014. She believes that the 2019 Act has further accelerated progress in some way. However, she admits that there is a lot more to do socially. “While there may be Garima Greh which provides shelter home facilities for those who have been disowned, the need is to stop the disowning from happening,” says Anjali.
Rayyan Monkey, a student filmmaker, who identifies as a transwoman feels that the voice of the transgender community is not heard within the government or private sectors of the nation. Any form of abuse towards transgenders has been criminalised. But the maximum sentence for abusing a trans person is only two years as compared to sentences usually for rape which is a minimum of seven or 10 years or more.
Freedom & Pride
The transgender community has come a long way. All they want is equal rights to lead a dignified life like others. Gauri aptly puts it, “Bharat is our mother as well. A Mother that nurtures and protects us all.” Perhaps, collective action is the need of the hour, not just from the Government, but from fellow citizens as well to build an India that nurtures everyone without discrimination.
( Source : Deccan Chronicle )
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