LGBTQIA RIGHTS AND PROGRESSION OF TRANSGENDER COMMUNITY STATUS IN THE INDIAN SOCIETY

Author: Mayukh Nandi, IV year of B.A.,LL.B. from Shyambazar Law College.

Sexual inclinations of an individual are not only an inherent eminence but even, a unique human biological and hormonal trait that identifies a whole new character and personality of a person in our society which is to be reserved with regality and solemnity. No child during their infancy aware of their innate and intrinsic trait, it should be the responsibility and duty of the society to influence that every child's right and liberty to the community, culturally, eugenically, ethically, religiously, philosophically, psychologically, politically, anthropologically, racially, politely and civilly even so one belongs from the queer community with gender dysphoria.[1]

What is the LGBTQIA Community?

The passionate carnal of the LGBTQIA Community is especially & exclusively, eccentric and idiosyncratic in Indian Society. The term, ‘LGBTQIA’ eventually, stands for Lesbian-Gay-Bisexual-Transgender-Queer-Intersex-Ally, which hereinafter referred to as LGBTQIA. However, the rights, likeness and progression of said community in Indian society, is deprived since time immemorial. As it was stated by Hon’ble Justice Indu Malhotra that History owes an apology to these and their families. Homosexuality is part of a human sexual trait or facet or peculiarity. They have the part of dignity and free of discrimination. Consensual sexual acts of adults are allowed and should be entitled to the LGBT community.[2]

The Supreme Court of India has struck down unnatural offences under section 377 of the Indian Penal Code which was an archaic law imposed during British rule that penalized intercourse "against the order of nature”.[3] The Government of Indian Respective States must accept all necessary measures to properly broadcast the complications which pinpointed that ‘if an individual belongs from the LGBTQIA Community, will not be considered to have caused a criminal offence’, thereby, to create public awareness and eliminate the stigma adhered to the members of the LGBTQIA Community along with their emotions inside an intrigue in their face, and to give security forces, periodic training to sensitize the uneducated abusers of the society about this prolonged hassle, While the July 2nd, 2009 Delhi High Court verdict read down Section 377 of the Indian Penal Code, effectively decriminalizing homosexuality, brought forward the Lesbian Gay Bisexual Transgender(LGBT) community more openly talking about gender and sexuality, these have primarily been in the four large metros like Bangalore, Mumbai, New Delhi and Kolkata.[4]

Rights which the LGBTQIA Community must possess in the Indian Society

The much-needed rights which must be accessible to the LGBTQIA Community are in seriatim :

(a) the right to have a same-sex marriage

(b) right to life and liberty

(c) right to have a freedom of speech and expression

(d) right to be employed in official services

(e) right to have a higher education with establishments of employment

(f) right to reside

(g) right to purchase

(h) right to rent

(i) right to occupy any property

(j) right to hold any public or private office both in private and governmental establishments

(k) right to access accommodation with placements, use of any goods & services

(l) right to use any healthcare services

(m) right to have a privilege to use public and private functionaries

(n) right to have a safe medical facilities for having a surgery

(o) right to have access to banks

(p) right to have a passport

(q) right to have a proper government documents like voter id cards, pan cards etc for identification

(r) right to use public toilet

(s) right to be covered under pension scheme

(t) right to have a scholarship facility

(u) right to skill development

(v) right to have the benefit if lies below poverty line like public in general

(w) right to enjoy visiting in the public malls and cinema halls, and all other rights which a straight and normal individual gets during the certain circumstances, should be allowed to them for society must not discriminate any individual basing upon gender based distinctions.

Change-in-status and Progression of Transgender Community in the Indian Society

The several progressions with a wide change-in-status of the transgender community in the Indian Society are chronologically highlighted below:-

(a) The state of West Bengal did set up a transgender welfare board in 2015 to coordinate all policy decisions and development work about the transgender population in the state.[5] The board, however, has been labelled an "all-around failure" by several transgender activists, yet supposed to meet once every month with representatives from numerous state government departments, although the board has only met five times as of July 2017.[6]

(b) The state of Orissa, 2016 enacted welfare benefits for transgender people, giving them the same benefits as those living below the poverty line but this was aimed at improving their overall social and economic status as per the Orissa Department of Social Security.[7]

(c) The state of Himachal Pradesh has set up medical boards at the district and state level for assisting transgender people and also enacted various schemes providing pension, skill development, scholarship and financial support for parents of transgender people.[8]

(d) The state of Chandigarh, established a transgender board on 22nd August 2017 comprises members from the police department, the social welfare department, the education department and the law department, health professionals, and representatives of Punjab University, and others.[9]

(e) The state of Karnataka and its government in October 2017, issued the "State Policy for Transgender, 2017", intending to raise awareness of transgender people within all educational institutions in the state, but Educational institutions will address issues of violence, abuse and discrimination against transgender people. It also established a monitoring committee designed by investigating reports of discrimination.[10]

(f) The state of Andhra Pradesh on 28th November 2017, N. Chandrababu Naidu, the Chief Minister of Andhra Pradesh, announced the enactment of pension plans for transgender people.[11] That on 16th December 2017, the Andhra Cabinet passed the policy. According to the policy, the State Government will provide an amount of Rs. 1,500 per month to each transgender person above the age of 18 for social security pensions and the government will also construct special toilets in public places, such as malls and cinema halls, for transgender people.[12] Besides, the state has also established a transgender welfare board.[13]

(g) In the state of Jammu & Kashmir, in January 2018, the Kashmiri Finance Minister introduced a proposal to the Jammu and Kashmir Legislative Assembly that would grant transgender people free life and medical insurance, and a monthly sustenance pension for those aged 60 plus and registered with the Social Welfare Department, however, activists have criticized aspects of the bill, including its requirement to establish medical boards to issue "transgender certificates".[14]

(h) In the state of Delhi, the government announced its intention in May 2018 to establish a seven-member committee to review issues surrounding the transgender community, including concerns of sexual abuse, discrimination at work as well as other societal problems. "We will have a dedicated cell for transgender people, which will be headed by a representative from the community but the commission receives a lot of complaints of abuse against them yet the cell will enable us to focus on issues faced by [transgender people] and providing members greater support and safety.", said Swati Maliwal, chief of the Delhi Commission for Women.[15]

(i) In the state of Rajasthan in July 2018, Transgender Welfare Board (RTWB) announced it would begin issuing "multi-purpose identity cards" to about 75,000 transgender people in the state to help them access government schemes and benefits.[16]

(j) In The state of Uttarakhand, the High Court directed the State Government in late September 2018 to provide reservation for transgender people in educational institutions, and to frame social welfare programme for the betterment of transgender people.[17]

(k) In the state of Assam in early 2019, the Social Welfare Department of Assam published a draft "transgender policy" with numerous objectives, including providing transgender people access to educational institutions, providing shelter and sanitation for the homeless, raising awareness, and issuing self-identification identity cards.[18] The All Assam Transgender Association has criticized certain aspects of the policy, namely its definition of the term "transgender".[19]

(l) In the state of Maharashtra in February 2019, the Maharashtra government set up a "Transgender Welfare Board" to conduct a health program to provide formal education and employment opportunities to transgender people, concomitantly, provides skill development program to help transgender people find a job and free accommodation for those seeking scholarships.[20]

(m) In the state of Gujarat, the board provides various welfare program for employment and education, and coordinates with state departments to ensure that the transgender community can take advantage of government schemes. An educational campaign was also established to sensitize the public.[21]

(n) In the state of Bihar in July 2019, the Bihar Government announced the creation of a transgender welfare board, which would investigate and report on social and legal challenges faced by transgender people in the state and provide financial assistance of up to Rs. 1, 50,000/- for sex reassignment surgery, moreover, those who refuse house on rent or medical facilities to transgender individuals would be eligible for imprisonment ranging between six months to two years.[22]

(o) state of Madhya Pradesh, in August 2019, the state of Madhya Pradesh announced its intention to set up a welfare board for the transgender community shortly. Issues will include a monthly allowance to parents of intersex children, provisions for job reservations for transgender persons in government and separate public toilets.[23]

Thus, more improvement of implemented rights required alongside new legislations towards LGBTQIA Community and Transgender Group against the abuse and societal turmoil to turn their status as of normal humankind.

National Transgender People 24 hours accessible Helpline Dial- “07527524034” or one could WhatsApp[24] with the aforesaid phone number.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[1] Gender Dysphoria, WIKIPEDIA (March 18, 2021, 1:00 PM), https://en.wikipedia.org/wiki/Gender_dysphoria

[2] Post independence, LGBT rights in India (March 18, 2021, 2:00 PM), https://en.wikipedia.org/wiki/LGBT_rights_in_India

[3] Manveena Suri, India's top court decriminalizes gay sex in landmark ruling (March 18, 2021, 2:05 PM), https://edition.cnn.com/2018/09/06/asia/india-gay-sex-ruling-intl/index.html

[4] India's first 24-hour Helpline for MSM and Transgender community (March 18, 2021, 2:17 PM), http://www.bollywoodhelpline.com/news-gossips/media-buzz/india-39-s-first-24-hour-helpline-for-msm-and-transgender-community/2765

[5] The Transgender Welfare Development Board, West Bengal – A Wasted Potential (March 18, 2021, 2:18 PM), https://clpr.org.in/blog/the-transgender-welfare-development-board-west-bengal-a-wasted-potential-2/

[6] Sumanta Ray Choudhuri, Bengal’s transgender development board all-around failure, alleges member (March 18, 2021, 2:40 PM), https://www.hindustantimes.com/kolkata/bengal-s-transgender-development-board-all-around-failure-alleges-member/story-8YZ4xiM8DMkd9DBYRj5FVI.html

[7] Jatindra Das, Odisha becomes the first state to give welfare to transgender community (March 18, 2021, 2:42 PM), https://in.reuters.com/article/india-odisha-lgbt-poverty/odisha-becomes-first-state-to-give-welfare-to-transgender-community-idINKCN0YO1S7

[8] Ashwani Sharma, Himachal Pradesh to bring transgenders under social security net (March 18, 2021, 2:45 PM), https://indianexpress.com/article/india/india-news-india/himachal-pradesh-to-bring-transgenders-under-social-security-net-3018937/

[9] Himani Bahuguna, Chandigarh gets its first Transgender Welfare Board with 14 members (March 19, 2021, 2:47 PM), https://indianexpress.com/article/india/chandigarh-gets-its-first-transgender-welfare-board-with-14-members-4820148/

[10] Transgender policy cleared by Karnataka cabinet (March 19, 2021, 2:50 PM), https://indianexpress.com/article/india/transgender-policy-cleared-by-karnataka-cabinet-4909196/

[11]CM Naidu announces pension scheme for state's transgenders (March 19, 2021, 2:52 PM), https://news.abplive.com/india-news/cm-naidu-announces-pension-scheme-for-state-s-transgenders-609165/amp

[12] Srinivasa Rao Apparasu, Transgenders to get pension, ration and more in Andhra; govt clears welfare policy (March 19, 2021, 2:55 PM), https://www.hindustantimes.com/india-news/transgenders-to-get-pension-ration-education-in-andhra-govt-clears-welfare-policy/story-ZZ92gJGL0gvP9ZZFlFEvgJ.html

[13] Nandita Natrajkumar, Andhra Pradesh launches welfare board for transgender persons, the community welcomes move (March 19, 2021, 2:57 PM), https://www.thenewsminute.com/article/andhra-pradesh-launches-welfare-board-transgender-persons-community-welcomes-move-60742

[14] Rayan Naqash, For the first time, the Kashmir government recognises the needs of the transgender community. But is it enough? (March 19, 2021, 3:22 PM), https://scroll.in/article/865317/for-the-first-time-government-recognises-needs-of-kashmirs-transgender-community-is-it-enough

[15] Delhi Commission for Women to have a dedicated transgender cell (March 19, 2021, 3:23 PM), https://www.hindustantimes.com/delhi-news/delhi-commission-for-women-to-have-a-dedicated-transgender-cell/story-qOsSY7Rpey21J8KyHlmU3J.html

[16] In Rajasthan, transgenders to get identity cards soon to avail of scheme benefits (March 19, 2021, 3:26 PM), https://www.hindustantimes.com/jaipur/in-rajasthan-transgenders-to-get-identity-cards-soon-to-avail-of-scheme-benefits/story-p5PpZy10QUX5eHoHLBwleM.html

[17] Sangeeta Nair, Uttarakhand HC directs the state to provide reservation to transgenders in educational institutions (March 19, 2021, 3:27 PM), https://www.jagranjosh.com/current-affairs/uttarakhand-hc-directs-state-to-provide-reservation-to-transgenders-in-educational-institutions-1538381858-1

[18] Government of Assam (March 19, 2021, 4:00 PM), https://socialwelfare.assam.gov.in/sites/default/files/swf_utility_folder/departments/sw_webcomindia_org_oid_3/menu/document/draft_transgender.pdf

[19] Assam government criticized for giving a bad definition of transgender (March 19, 2021, 4:05 PM), https://nenow.in/north-east-news/assam/assam-government-criticized-giving-bad-definition-transgender.html

[20] Press Trust of India, Maharashtra Government Sets Up Transgender Welfare Board (March 19, 2021, 4:07 PM), https://www.ndtv.com/india-news/maharashtra-government-sets-up-transgender-welfare-board-1998189

[21] The Logical Indian, Gujarat Govt Establishes Transgender Welfare Board; Housing, Education & Other Issues To Be Taken Care Of (March 19, 2021, 4:09 PM), https://thelogicalindian.com/news/gujarat-transgender-board/

[22] Shraddha Gold Gold, Bihar Govt Establishes Transgender Welfare Board, To Give Rs 1.5 Lakh For Sex Change Operation (March 19, 2021, 4:15 PM), https://thelogicalindian.com/story-feed/get-inspired/bihar-transgender-rights/?infinitescroll=1

[23] Shruti Tomar, Madhya Pradesh to roll out welfare policy for transgenders (March 19, 2021, 4:20 PM), https://www.hindustantimes.com/bhopal/madhya-pradesh-to-roll-out-welfare-policy-for-transgenders/story-dewBj0EdfPaokkokMy1vzN.html

[24] National Trans 24h Helpline (March 19, 2021, 4:25 PM), https://www.consortium.lgbt/member-directory/national-trans-24-helpline/