Transgender people in India should be able to live with dignity and
nondiscrimination, and have equal access to education, employment, and health
This research paper focuses on the Atrocities faced by Transgenders in India
especially focusing upon their situation in Jammu and Kashmir. In recent years
in India, considerable progress has been made to protect the rights of
transgender people, Human Rights Watch said. In 2014, the Supreme Court in NALSA
ruled that transgender people should be recognized as a third gender
and enjoy all fundamental rights, while also being entitled to specific benefits
in education and employment. In 2018, in a historic decision upholding privacy
and non-discrimination of LGBT persons, the Supreme Court struck down the
colonial-era sodomy law that criminalized consensual same-sex relations.
There is no Transgender welfare Board therefore the problems of the third gender
remain unattended. They face harassment from multi-dimensional sources,
from parents, teachers, peers, society and it includes each sphere of
their lives. There is an immense need to address their problems in
order to make them fully functional human beings by guaranteeing and
safeguarding their rights.
For mainstreaming of gender and promotion of
social justice every section of the society be it men, women or other gender has
to be equally developed. Today, researchers and advocates support an
eco developmental approach for exploring transgender identity
development. This framework is not limited by what is socially
expected; instead, researchers may consider multiple interacting systems
of biology and environment, i.e school, house, etc.
Transgender Community In Kashmir
As per census 2011 of India the number of transgender in Jammu & Kashmir is
4,137 in which 487 are in the age group of (0-6) years of age, whereas 207 are
SC & 385 are belonging to ST category. The literacy rate of transgender in Jammu
& Kashmir is 49.20 percent. Transgender face intense discrimination in the
Kashmir Valley, a predominantly Muslim region whose people once celebrated what
these people now call the
Rejected by their families and still unrecognized by the distinct gender, they
continue to fight the war of survival. They continue to struggle and fight for
their rights which are continued to get violated. When fundamental rights stand
fundamental to all the citizens living in this country, then why our society
fails to accept them, fails to stand for them? Why our statutory provisions does
not contain explicit provisions for the wrongs done against these trans-genders.
They are at vulnerable stance, as they continued to get sexually harassed,
bullied, mental abuses etc. In March 2000 Transgenders were factored into the
Governments policy making for the first time when they were named as a
target group for a breakthrough de-addiction programme. Only 46% of
transgender are literate as compared to 74% literacy rate amongst the
Transgender are asking the government to help them achieve
financial independence, and they are calling on Muslim leaders to
foster the bedrock Islamic virtues of tolerance and acceptance. As far back
as the 16 century, transgender enjoyed a special respect in Jammu and Kashmir
State (Dabla) They were considered caretakers, trusted messengers and
skilled entertainers during the Mughal period. But today they have to
Today most Kashmiris consider any form of gender
reassignment unacceptable. Families reject transgender for fear of being
shunned by society, and society scorns them because their families have
turned them away. Regardless of how transgender identify themselves, the Indian
government – and its Kashmiri administrators – record their sex as the
one they had at birth. (Dabla).
The prevalence of transgender will not
become apparent to Kashmir's until their rights are protected, they are a
minority group like disabled people, but still there are no legal provisions
for them. People in Kashmir don't support transgender they are
considered abnormal and eventually become outsiders. Society assumes that they
are only meant for matchmaking or singing and dancing. Due to
bullying and a hostile environment, they are forced to leave their
studies, which make them ineligible for white-collar jobs," (Bund).
In order to
be fit psychologically, sexually and socially at the certain instances it
becomes mandatory for them to invent such support systems where they can vent
off their repressed feelings. They leave families and start living on
rent. In order to be fit psychologically, sexually and socially at
the certain instances it becomes mandatory for them to invent such
support systems where they can vent off their repressed feelings. They
leave families and start living on rent. Getting an accommodation on
rent for transgender in Kashmir is not easy either. Rarely house owners provide
them rooms only if they behave 'properly'.
Problems Faced By Transgender Community
Transgender people belong to the marginalized group of the society
that faces legal, social, cultural and economic difficulties.
Some of the problems include:
- Transgender people are economically deprived & considered as weaker
sections of the society.
- They are being harassed & beaten up to live inside the walls of the
house in order to save the respect of their family members when their
identity is being known.
- They are facing discrimination in terms education, employment,
entertainment and justice etc.
- Like normal people, they are not entitled to take education in schools
and colleges. Even in terms of education, they are treated differently.
- These people are treated badly or oppressed by people in power. They are
prone to struggle for social justice because of their identity as
- Old age financial insecurity.
- Transgender people have resulted in mental health issues like
depression, suicidal tendencies, panic disorders, obsessive compulsive
disorder and post-traumatic stress disorder.
Rights Of Transgender Persons Bill, 2014
In February 2014, the Supreme Court passed a landmark judgement, paving the way
for enshrining the rights of transgenders in law. The apex court deemed that
individuals had the right to the self-identification of their sexual
orientation. It ruled that the fundamental rights granted by the Constitution
are equally applicable to transgenders who constitute the third gender
The judgement also called for affirmative action in education, primary health
care, and that transgenders be identified as beneficiaries of social welfare
schemes. The blueprint for transgender rights legislation draws from the court's
The first effort at framing legislation for the same was made in December 2014
by Tiruchi Siva, a Dravida Munnetra Kazhagam (DMK) Rajya Sabha MP. The Rights of
Transgender Persons Bill, 2014, was introduced as a Private Member's Bill in the Rajya Sabha by Mr. Siva. It was unanimously passed in the Upper House but was
never debated in the Lok Sabha.
The Bill passed in the Rajya Sabha had many progressive clauses including the
creation of institutions like the national and State commissions for
transgenders, as well as transgender rights courts. These remedial measures to
prevent sexual discrimination were done away with when the government drafted
The Rights of Transgender Persons Bill, 2015.
Despite these notable omissions, the skeletal framework of the draft Bill
borrowed heavily from its predecessor. After consultation with legal experts and
transgender activists, the 2015 draft Bill was sent to the Law Ministry. It was
introduced in the Lok Sabha in August 2016 after considerable revision to the
On 24th April 2016, a private members bill entitled The Rights of Transgender
Persons Bills, 2014 was passed by the Rajya Sabha and introduced in the Lok
Sabha. The Bill deals with the different aspects like Social inclusion of
Transgender, their rights and entitlements, financial and legal aids, education
and skill development and prevention of abuse, violence and exploitation of
Some Key Suggestions
- There should be the Transgender welfare board in Jammu and Kashmir
- Sensitize police about the human rights abuse of the transgender
community and take appropriate steps to stop abuse, and consider creation of
special cell for this purpose
- Train and sensitize public health care providers on sex reassignment
surgery and other health issues and provide community friendly services free
of stigma and discrimination.
- Government should formulate such programs which will ensure the social,
economic and political rehabilitation of transgender.
- Prevention of trauma, violence, physical torture, emotional harassment
by society Awas yojna benefit should be extended to Transgender Community.
- There should be compulsory sexuality/gender education at grade school
and at college level. School syllabus must be modified to include education
on LGBT persons. Introduction of scholarships for
gender non-conforming persons at state and national
- Address the social needs of Transgender including housing and employment
In spite of various hardships in day-to-day life, the transgender
community has enormous needs to be described further and
strengthened. Moreover the factors (protective factors such as
acceptance, social support, education, employment, health-care services,
and social inclusion) which facilitate them to develop their life.
Constitution of India framed a well established fundamental rights
related to transgender they are entitled to the four important
provisions of Fundamental Rights.
Right to Equality under Article
14. Article 15 speaks about the prohibition of discrimination on
the ground of religion, caste, sex or place of birth. Article 21, ensures right
to privacy and personal dignity to all the citizens. Transgender people are
called ―laanch in Kashmir which in itself is stigmatization and a
ground of discrimination. They face unfairness in every aspect of life be it
employment, legal recognition, access to social resources including
decent life standard and education.
For all of them the struggle
usually starts from an early phase. The non conformity, to their
prescribed gender roles makes them vulnerable and often leads to verbal
and corporeal abuse at the hands of their parents, siblings and other family
members. The intimidating environment even prevails at schools and
other educational institutions which almost certainly force them to
leave studies in order to avoid the mocking and harassment which leads to
the mental trauma.
Thus there is an immense need to intervene at individual,
society, community and policy level to safeguard the rights of
transgender and have a great responsibility to initiate appropriate