Conference PaperPDF Available

Transgender Health and Their Rights in India

Authors:

Abstract

India has approximately 700,000 transgender persons. Sexuality is an issue that has created social divides. Sexual minorities have been oppressed in our society on the ground of them being deviant. Their existence has been listed as unnatural. Therefore, the issues related to the rights of genders, their health problems and also do not find place in the top agendas of the governments and human rights movements. Trans people worldwide experience substantial health disparities and barriers to appropriate health care services that keep them from achieving the highest possible health status. Among other disparities, Trans people are significantly more likely than the general population to be targeted for violence and harassment, to contract HIV, and to be at risk for mental health concerns such as depression and attempted suicide. Barriers to health care experienced by trans communities include discriminatory treatment by health care providers, a lack of providers who are trained to offer appropriate health care to trans people, and refusal by many national health systems and health insurance programs to cover services for trans people. This article is centered on transgender health and their rights in India and also their present situation in India.
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
279
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
Transgender Health and Their Rights in India
SujitaSethi
MadhusmitaBarwa
Abstract
India has approximately 700,000 transgender persons. Sexuality is an issue that has created social
divides. Sexual minorities have been oppressed in our society on the ground of them being deviant.
Their existence has been listed as unnatural. Therefore, the issues related to the rights of genders,
their health problems and also do not find place in the top agendas of the governments and human
rights movements. Trans people worldwide experience substantial health disparities and barriers to
appropriate health care services that keep them from achieving the highest possible health status.
Among other disparities, Trans people are significantly more likely than the general population to
be targeted for violence and harassment, to contract HIV, and to be at risk for mental health
concerns such as depression and attempted suicide. Barriers to health care experienced by trans
communities include discriminatory treatment by health care providers, a lack of providers who are
trained to offer appropriate health care to trans people, and refusal by many national health systems
and health insurance programs to cover services for trans people.
This article is centered on transgender health and their rights in India and also their present
situation in India.
(Keywords- Transgender, health problems, human rights, present situation)
Introduction
When we speaking about the third gender w we see that here is a unique and different position in
India. In our society it‘s accepted that the third gender or hijras as they are commonly called in
mainstream society. People have thought of hijras as normal and it has gone up to the extent where
some people considered them as sacred. The Indian position becomes unique as compared to the
rest of the worlds whereby although society has accepted the third gender, for a long time, there
was no legislation which recognized as a third sex. Due to this increasing demand, in 2005 Indian
passport application forms were updated with three gender options; M, F, and E (male, female,
&Eunuch respectively). Furthermore, in Nov. 2009, with the intention of ensuring further
recognition for the third gender India agreed to list eunuchs and transgender people as others‘
distinct from males and females, in voting rights and voter identity cards. These steps are some of
the ways in which the Indian government has tried to integrate. Some people fail to understand
them as a separate gender and instead think of them of either being a male or a female. (Srikanth
Bhaskar and Swetha Vadarevu, 2015)
Transgender in India
Indian Census has never recognized third gender i.e. Transgender while collecting census data for
years. But in 2011, data of Transgender's were collected with details related to their employment,
Literacy and Caste. In India, total population of transgender is around 4.88 Lakh as per 2011
census. The data of Transgender has been cubbed inside "Males" in the primary data released by
Census Department. For educational purpose, separate data of Transgender has been curved out
from that.
PhDScholar, Sambalpur University
 PhD Scholar, SambalpurUniversity, Odisha
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
280
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
STATE
TRANSGENDERS
CHILD(0-
6)
SC
LITERACY
INDIA
487,803
54,854
78,811
56.07%
1
UTTAR PRADESH
137,465
18,734
26,404
55.80%
2
ANDHRA
PRADESH
43,369
4,082
6,226
53.33%
3
MAHARASHTRA
40,891
4,101
4,691
67.57%
4
BIHAR
40,827
5,971
6,295
44.35%
5
WEST BENGAL
30,349
2,376
6,474
58.83%
6
MADHYA
PRADESH
29,597
3,409
4,361
53.01%
7
TAMILNADU
22,364
1,289
4,203
57.87%
8
ODISHA
20,332
2,125
3,236
54.83%
9
KARNATAKA
20,266
1,771
3,275
58.82%
10
RAJASTHAN
16,517
2,012
2,961
48.34%
(Source-census 2011)
About the term Transgender
Transgender are those people who are born with male or female anatomies but they are feeling
different from their body structure. Transgender is not a term limited to persons whose genitals are
intermixed but it is a blanket term of people whose gender expression, identity or behavior differs
from the norms expected from their birth sex. Various transgender identities fall under this
category including transgender male, transgender female, male to female (MTF) and female to
male (MTM). It also includes cross-dressers (those who wear clothes of the other) gender queer
people (they feel they belonged to either both genders or neither gender) and transsexuals. In India,
there are a wide range of transgender related identities which includes Hijras, Aravanis, Kothi‘s,
Jogatas/Jogappas, Shivshaktis.
Hijras- Hijras is a Persian word translated as eunuch which is used in common parlance for
transgender community in India.
Aravanis- It is a term used for male transgender who undergo genital modification through SRS
(sex Reassignment surgery) or perform Nirwaan which is a traditional mode of castration.
Kothi- Kothi is used for those who adopt a feminine role in same sex relationships, but do not live
in communes as Aravanis.
Jogtas/Jogappas- It is found in Maharashtra and Karnataka are male to female transgender who
devote themselves to the service of a particular God.
Shivshakti- It is found in Andhrapradesh, are males who are considered to be married to Gods
particularly to Lord Shiva. They usually work as Spiritual healers or astrologers. (1)
Third Gender
In April (2014), India‘s Supreme Court recognized transgender people as ―The Third gender‖ along
with male and female. A bench of Justice K.S.Radha Krishnan and A.K.Sikri, in separate but
concurrent judgments, said ―eunuchs‖, apart from the binary gender, is treated as ―third gender‖ for
the purpose of safeguarding their rights under our constitution and the laws made by parliament
and the state legislature. Earlier, they were forced to write male or female against their gender.
The SC asked the centre to treat transgender as socially and economically backward. The apex
court said that transgender will be allowed admission in educational institutions and given
employment on the basis that they belonged to the third gender category. The Supreme Court said
absence of law recognizing Hijras as third gender could not be continued as a ground to
discriminate them in availing equal opportunities in education and employment. This is for the first
time that the third gender has got a formal recognition. The third gender people will be considered
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
281
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
as OBCs, the supreme court of India has said. And they will be given educational and employment
reservation as OBCs.
The apex court also said states and the centre will devise social welfare schemes for third gender
community and run a public awareness campaign to erase social stigma. The SC said the states
must construct special public toilets and departments to look into their special medical issues. And
also added that is a person surgically changes his/her sex, then he or she is entitled to her changed
sex and cannot be discriminated. (3, 5)
Review of literature
Review is expected to give some ideas regarding the dimensions and it will provide some
knowledge on the universe that can be taken for study-
Kamala KantaShow (2015) has said that ―Transgender is generally described as a person whose
gender identity, gender expression or behavior does not confirm to their biological sex. The court
says that since transgender do not have reproduction capacity as a either man or woman and claim
to be an Institutional Third Gender. Transgender also includes persons who intend to undergo sex
Reassignment. He has studied on the transgender concerning to the Rights they are enjoyed, and
also social aspect with the case study of Transgender community of Bardwan District. (11)
Priti Sharma (2014) has mentioned that the Hijras of India are probably the most well known and
populous third sex type in the modern world. The United Nations development programs have
recognized these people, as one of the target group needing special attention. Condition of
transgender is very appalling in our society and they are under privileged from their basic rights
and transgender are still not accepted by Indian society. Many transgender suffer from mental
health problems like depression and suicidal tendencies indicates about problem faced by
transgender which showed that transgender is facing many problems in the society, and this is not
researcher personal view, this is what researcher says. Research on transgender cultures has mostly
focused in North American and Europe. Only 7% has been on Asian societies. That fact that
Transgender has been provided voting rights in 1991; it shows that they have been deprived from 9
fundamental rights for a long time. In this paper the author has emphasized on the problems faced
by transgender and need to establish their legal rights. (9)
Joz Motmon et.al. ( 2011) found that the QOL (Quality of life) of transgender women did not
differ significantly from the general Dutch female population , although Transgender men showed
reduced mental Health QOL compared with the general Dutch male sample. Transgender women
had a lower QOL than transgender men for the subscales physical Functioning and general Health,
but better QOL for bodily pain. Time since start of hormone use was positively associated for
transgender women with sub scales bodily pain and general health, and negatively associated for
transgender men with the subscale role limitations due to physical health problems. There was no
significant difference in QOL between the group who had undergone genital surgery or surgical
breast augmentation and the group who did not have these surgeries. Transgender men with
erection prosthesis scored significantly better on role limitations due to emotional problems. A
series of univariate analysis revealed significantly lower QOL scores for transgender persons that
were older, low educated, unemployed, had a low household income and were single.(6)
Thilakavathi .et.al.(2016) has said that Hijras and other Trans women (TW) communities face
several stressors in their live, especially stigma and discrimination related to being a trans person
social support isessential to cope up with such stressors. This study explores and describes the
various social support systems available to Trans women in India. (11)
Dr. D Venkatrama Rays (2013) focused on the socio-economic status of Transgender in
Tamilnaduand to understand the problems faced by them and also to provide suggestions to
improve their status.. By creating and recognizing transgender rights, India has the capacity to
Battelle its current HIV/AIDS, epidemic in a meaningful way, give real effect to the human effect
to the human rights of sexual minorities and serve as a model for other nations to recognize gender
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
282
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
based rights. In order to accomplish these goals, however India must repeat current discriminatory
laws & enact opportunities legislation on the basis of gender and sexuality. (8)
AnithaChettiar (2015) examined that the socio-economic status of hijras and to understand the
problems faced by them with special reference to their health and the harassment face by the
police. Among the hijras about half of them belong to the middle class and about 40% belonged to
the upper lower class. (2)
History of Transgender
The history of the third gender dates back many centuries. They have always been an integral part
of Hindu mythological stories (Priti Sharma, Nishant Pal (2014). Transgender mention in the
ancient Hindu scriptures and were written about in the greatest epics Ramayana and Mahabharata.
They played a renowned role in the royal courts of the mughal emperors and some Hindu rulers in
medieval Indiatoo(m.gayathri and dr.p.kathikeyan(2016).The presence of these transgender was
recognized way back in ―Kamsutra‖ in India, where they were identified as ―TritiyaPrakarti‖ way
back in 400 BC.
During Ramayanathere is evidence that while going to exile for 14 years, when lord Ram asked all
men and women of Ajodhya, to return back to their homes, these transgender kept on standing till
14 years. On his return when Lord Ram saw them standing, he asked transgender as to why they
had not returned back to their homes. The transgender replied that they neither came in men nor in
women. And since there was no mention about them in his speech they did not move from their
place. Hearing this lord Ram was so much impressed that he granted them boon to bless people
during the auspicious occasions. This is from where the tradition of having hijaras on child birth,
wedding or any auspicious ceremony started. All this happened some 8000 7000 yearsBC
During Mahabharat, some 5000 years BC, it is a well-known fact that first daughter of Kind
Drupad was Shikhandi, who was a girl but had all qualities of a boy. She played a major role in the
14 day war, to bring down bheesm on the bed of arrows. Then we also have the evidence of Arjun
turning into ―vrihanalla‖ during their exile and perform all duties a eunuch or a transgender would
have performed during those times (Muhammad rafeek, 2015).
Objectives
1. To understand the health problems of Transgender.
2. To know the rights of Transgender.
3. To know the present situation of transgender.
Methodology
This research is purely based on secondary data. The data will be collected from books, journals,
news papers, research article, and govt. reports. After collecting data from various sources it will be
summarized, analyzed and report writing. The present situation of Transgender and some of the
constitutional rights and initiatives taken by the Indian government are also dealt.
What is Transgender Health?
The common conception of Trans health is that it refers only to medical procedures involved in
Transition. However, Trans health is a much broader field. As the World Health Organization
recognizes, health is a state of complete physical, mental, and social well-being, not merely the
absence of disease or infirmity. The full picture of trans health thus involves broad recognition of
all the services, protections, and resources that trans people need to live healthy lives in safe
communities. This includes a range of primary and other health care services, as well as a focus on
socio-economic determinants of health such as identity document policies poverty, employment,
housing and public acceptance of trans people.
Trans people worldwide experience substantial health disparities and barriers to appropriate health
care services that keep them from achieving the highest possible health status. Among other health
disparities, trans people are significantly more likely than the general population to be targeted for
violence and harassment, to contract HIV, and to be at risk for mental health concern such as
depression and attempted suicide.
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
283
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
Health Problems Faced By Transgender Peoples
1. HIV- Transgender people are 49 times more at risk of living with HIV compared to the general
population. HIV related stigma and transphobia create barriers to the access of HIV testing and
treatment services by transgender people. Social exclusion, economic vulnerability and a lack of
employment opportunities means that sex work is often the most viable form of income available to
transgender people, and a high proportion of transgender people engage in sex work. For example,
the proportion of transgender people who sell sex is estimated to be up to 90% in India. A 2008
systematic review showed that global HIV prevalence among transgender people who engaged in
sex work was 27%, compared to 15% among transgender people who did not sell sex.Data suggests
that HIV prevalence is up to nine times higher for transgender sex workers compared to non-
transgender female sex workers.In addition, the high costs associated with transition healthcare can
put extra pressure on transgender people to make money. Sex workers sometimes get paid more for
unprotected sex, and often feel under pressure not to use a condom, which makes them highly
vulnerable to HIV. India is one country where HIV services have been successfully targeted at
transgender people reaching an estimated 83% of the transgender population. They have also
made marked steps in officially recognising transgender people, also called Hijras, as a third
gender. This means that local authorities need to ensure that they have health and social
programmes that meet the needs of Hijras and has given them the right to vote.
2. Mental health-The hijra are more predisposed to mental health issues given that they are more
likely to receive money for sex, have an earlier sexual debut, and have a higher prevalence of HIV
compared with men who have sex with men.Forty-eight percent of hijra participants in one study
suffered from psychiatric disorders, ranging from alcohol abuse and dependence to depressive
spectrum disorders, but despite the presence of psychiatric disorders in participants, none had ever
had psychiatric consultation for these issues). Seeking help is not a viable option for these
individuals due to perceived and real stigma from health professionals.
From the limited mental health studies that exist, issues with gender identity are a reoccurring
theme. A cross-sectional study of 50 hijra women in Mumbai showed that 84% of participants met
criteria for gender identity disorder according to DSM-IV-TR. This finding was supported by a
subsequent qualitative study, in which researchers interviewed eight hijra in Bangalore, India,
regarding what factors and unique experiences contributed to their well-being. Among this small
sample size, there appeared to be a persistent need for sex change and gender change because they
felt discordance between their internal and external identity. Other contributors to well-being
among this sampling were joining a gharana and finding a community of similar people .Poor self-
and social acceptance as a teenager, traumatic transitions, and physical, verbal, and sexual abuse
from family and law enforcement were also major stressors. The hijra continue to be disadvantaged
within society as evidenced by the barriers to obtaining voter identity cards and ration cards, as
well as acceptance to educational institutions. The hijra women commonly encounter a wide
variety of discriminatory attitudes and institutional difficulties in meeting their basic needs or in
having their gender identity respected. This discriminatory attitude toward the hijra is extremely
invasive and destructive for their mental health and has created a strong sense of loneliness.
3. Suicadility and non suicidal self harm-A lifetime presence of NSSI was identified in 46.3% of
patients and 28.73% reported currently engaging in NSSI (within at least the past few months).
Analyses showed that those with a lifetime presence of NSSI had significantly greater general
psychopathology, lower self-esteem, had suffered more transphobia, and experienced greater
interpersonal problems than those without NSSI. Findings were similar when comparing current
with non-current NSSI. Overall, natal male patients reported less social support than natal female
patients, but current NSSI was more common in natal female patients. Regression analyses
confirmed that natal female gender and greater general psychopathology predicted current and
lifetime NSSI. Further analyses confirmed that general psychopathology itself could be predicted
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
284
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
by transphobic experiences, low self-esteem, and interpersonal problems, but not by the use of
cross-sex hormones.
These findings confirm that NSSI is common in trans youth and emphasize the need for
interventions that decrease transphobia, increase social support, and help trans youth navigate their
relationships with others to decrease psychopathology and NSSI.
4. Tobacco use
Cigarette smoking among LGB individuals in the India. Is higher than among
heterosexual/straight individuals. More than 30,000 LGBT persons die each year of tobacco-
related diseases.
Gay men have high rates of HPV infection which, when coupled with tobacco use, increases
their risk for anal and other cancers.
LGBT individuals often have risk factors for smoking that include daily stress related to
prejudice and stigma that they may face.
Bartenders and servers in LGBT nightclubs are exposed to high levels of secondhand smoke.9
Among women, secondhand smoke exposure is more common among non-smoking lesbian
women than among non-smoking straight women.
5. Violence and victimization-. Five distinct profiles of Indian TGW were identified based on the
type and severity of victimization: (1) Low victimization, (2) High verbal police victimization, (3)
High verbal and physical police victimization, (4) Moderate victimization, and (5) High
victimization. While controlling for age, education, income, HIV status, and marital status, results
revealed that TGW in the moderate victimization and high victimization profiles had higher sexual
risk than TGW in the low victimization and high verbal police victimization profiles. In addition,
TGW in high verbal and physical police victimization profile had higher sexual risk than TGW in
low victimization profile. These findings underscore the importance of tailoring sexual risk
reduction interventions to the specific needs of TGW based on patterns of victimization.
Health agenda for transgender people: -
WHO and partners have developed a range of tailored guidance for health practitioners and policy
makers to better protect the health and rights of transgender people, including policy briefs,
programme implementation tools, health advice and guidelines.WHO report, sexual health human
rights and law explores ways to improve access to services; this report includes information on
gender transition, how to provide gender sensitive health care services and how to reduce violence
related to gender expression and identities. While transgender health is recognized as beyond
sexual health efforts to end the HIV epidemic which have been driven by an explicitly rights based
approach and massive community mobilization highlight the specific needs of transgender people
(Rebekah Thomas et.al., 2017).
Constitutional rights of transgender people:
Preamble to the constitution mandates justice social, economic and political equality of status.
1. Thus the first foremost right that they are deserving of is the right to equality under Article 14.
2. Article 15 speaks about the prohibition of discrimination on the ground of religion, race, caste,
sex, or place of birth.
3. Article 23prohibits trafficking in human beings as beggars andother similar focus of forced
labor and any contravention of these provisions shall be an offence punishable in accordance
with law.
4. Legal recognition for third gender: The court ruled that fundamental rights are available to
the third gender in the same manner as they are to males and females. Furthernow recognition
of third gender in both criminal and civil status, such as those relating to marriage adoption,
divorce, get it discriminated to the third gender.
5. Legal recognition for people transitioning within male/female binary: The court merely
states that they prefer to follow the psyche of the person and use the ―psychological test‖ as
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
285
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
opposed to ―biological test‖. They also declare that insisting on sex Reassignment Surgery
(SRS) as a condition for changing one‘s gender is illegal.
6. Public health and sanitation: Centre and state Governments have been directed to take proper
measures to provide medical care to Transgender people in the hospitals and also provide those
separate public toilets and other facilities. Further, they have been directed to operate
HIV/Sero-surveillance measures for Transgender.
7. Socio-economic rights: Centre and state Govt. have been asked to provide the community
various social welfare schemes and to treat the community as socially and economically
backward classes. They have also asked to extend reservation in educational institutions and
for public appointments.
8. Stigma and public Awareness: Both the Govts. Are asked to take steps to create public
awareness so that Transgender people will feel that they are also part and parcel of the social
life and not be treated as untouchables; take measures to regain their respect and place in
society.
9. Challenging 377: The judgment contradicts the findings of the Supreme Court in Suresh
Kumar Koushal in various ways. Under section 377, it has been noted that though associated
with specific sexual acts, highlighted certain identities, including Hijras. It also recognizes that
sec 377 has been used as an instrument of harassment and physical abuse against Hijras and
transgender persons.
Rights of Transgender persons Bills:
April 15, 2014: The Supreme Court directs the government to legally recognise a "third
gender" and give those who qualify new protections and benefits, including reservations in
education and employment.
April 24, 2015: RajyaSabha passes the Rights of Transgender Persons Bill, a private member‘s
bill. Bill defines being transgender as a psychological phenomenon and provides reservations
for transgender people.
August 2, 2016: The government dispenses with the RajyaSabha bill and introduces its own
Transgender Persons (Protection of Rights) Bill. It defines being transgender as a biological
phenomenon and does not provide reservations.
July 22, 2017: The standing committee on social justice and empowerment issues a report on
the government bill.
Present situation and inclusion of transgender people
The supreme court of India had recognized transgender as the third gender and had also considered
to give them the benefits available to OBCs. After the case of national legal services authority v.
union of India. Transgender will enjoy basic human rights, including protection from violence and
discrimination. They will have the right to dignity and self determination.
Before 2014, transgender had tethered access to education, health and health services, public
spaces, livelihood opportunities, obtaining passport, driving license, ration card etc, while applying
for bank account they had to tick male or female as there was no option for third gender. As per the
census 2011, there are about half a million transgender people residing in India.
The condition of the third gender across the world varies as different parts of the world practice
different norms and traditions. The present scenario of the lives of the people of this community is
unacceptable and in some cases pitiable but again there are a few countries that are moving towards
providing them with equal status and recognition in the society for proper and dignified survival.
Lesbian, gay, bisexual and transgender (LGBT) people have made great strides in the fight for full
equality. Sadly, lesbian, bisexual and transgender women face disproportionate levels of violence
at the hands of the both strangers and intimate partners. A recent U.N human rights reports noted
that LGBT people are at a disturbingly elevated risk of homicidal violence, highlighting the
increased risk that lesbian, bisexual and transgender women face because of gender based
discrimination.
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
286
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
Another study by the human rights campaign and the trans people of color coalition estimates that
transgender women in the united states face 4.3 times the risk of becoming homicide victims than
the general population of women. Factors such as poverty or belonging to a racial minority
exacerbated the incidence and rates of violence experienced. Transgender people are also more
likely to experience violence from the law enforcement in homeless shelters and in healthcare
settings.
For example
Chhattisgarh police to recruit transgender constables, deploy them to combat Maoists: In
2014, the Supreme Court declared transgender people as the ―third gender‖ and ruled that they
have equal privilege over the fundamental rights enshrined in the Constitution. Chhattisgarh
police propose to recruit about 35,000 constables from each of the state‘s 27 districts, of which
17 are reeling from Maoist insurgency. Since constables are district-level cadre, it is possible
a transgender recruit will have to fight Maoists if that person is hired from a Maoist-affected
area,‖ a senior officer in the police headquarters said. The department is working out the
physical parameters that will applicable for transgender applicants. According to an IPS officer
supervising the recruitment process, experts were being consulted to fix the physical standards
such as height and chest measurement Chhattisgarh‘s transgender community falls under the
other backward class (OBC) category, a status that guarantees 14% reservation in education
and government jobs. The transgender applicants can avail themselves of the reservation. The
age limit for all applicants is 28 years.(10)
PrithikaYashini, India's first transgender police officer, win acceptance-After fighting
social dogma, gender bias and many glass ceilings, K PrithikaYashini has become the first
transgender to be appointed as a police officer in Tamil Nadu.Yashini attempted to achieve a
next to impossible goal by applying to become a police officer even after being fully aware of
that the in police force is alleged filled with male chauvinism.(12)
Sambalpur Police close eyes to trafficking by transgender: A couple of years ago, a
transgender was remanded in judicial custody after being arrested and produced in court by
Bargarh police over some case. But it turned out to be a nightmarish experience for the jail
authorities to find a suitable accommodation for the prisoner on the jail premises. Neither
the accused could be accommodated with male prisoners or with women prisoners. Finally,
the jailor housed the transgender prisoner in his office chamber and later, the prisoner was
let out on bail. The presence of the transgender has forced the commuters to take the
Highway route instead of driving on the service road. Although PCR vehicle is seen
patrolling at the spot, the police seem to be more interested in collecting money from parked
trucks than driving them out.(11)
All about JoyitaMondal: India‘s first transgender judge-A woman who became India‘s first
transgender judge in July says she continues to fight for justice and respect. JoyitaMondal was
appointed as a LokAdalat judge in north Bengal three months ago in a historic appointment that
she hopes will pave the way for other people. The 29-year-old was once made homeless and
forced to turn to begging because of the discrimination she faced. But after working for
transgender rights organisations she says she was inspired to complete a law degree to be
able to fight for anyone facing social discrimination. In the past, people almost treated me as an
untouchable and even passed abusive comments,‘ she said. ‗But now people even come to me
often requesting me to mediate in family disputes.‘ Joyita continues to fight against widespread
social bias and discrimination against transgender people in education and employment across
India. In 2014, India‘s Supreme Court recognised transgender people as a third gender, in a
landmark ruling. It ordered the government to provide transgender people with quotas in jobs
and education in line with other minorities.
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
287
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
Present situation of transgender peoples in Odisha
Odisha has become the first state in the country to provide food grains, pension, health, education
and housing benefits to the transgender community, thus including them in the Below Poverty Line
(BPL) category. The step has been taken to empower the transgender community.
Members of the transgender community will be given BPL cards
The BPL cards will give them access to a number of social benefits under various government
welfare programmes
The benefits include "free housing, pensions loans to start up their own businesses and 100
days of paid work annually"
The community will also be entitled to 5 kg of food grains every month
In the 2011 census, 4,000 transgender people had registered themselves in the 'Others' category
In the year 2014, the transgenders were recognized as a legal third gender by the Supreme
Court which ordered the government to provide the third gender with quotas in jobs and
education
On April 24, 2015, a bill for the transgenders was passed in the RajyaSabha which sought
equal rights for the community. The bill was later adopted through a voice note.
Sadhna Mishra, Social Development Officer at #KISS becomes the first from Odisha to be
identified as transgender in the passport. This is the special victory for transgender rights.
Conclusion
From the above discussion it is to be concluded that now its time for Indian authorities to
implement the Supreme Court directives and bring the transgender to the main stream community.
The authorities should also work towards ending the discrimination against the transgender and
take care of their protection and social needs. There is also a need to spread larger awareness
campaign in public for the acceptability of the Transgender community. They should be welcomed
with open arms in educational institutions, health care systems, work place both public and private,
should be treated equally under the law and by the police. They should be provided proper medical
facilities which include health insurance and subsidized treatment. For the general public it is
important to understand the feelings and mental status of the Transgender community. People need
tounderstand that humans are diverse but after all every one is a Human being. Transgender
community has a right to behave and live they are and express their feelings without any fear. The
society needs to take off their social stigma towards transgender community and give them a
chance to stand equally and participate in together in the community development process
(Mohammad Rafeek, 2015).
References and Bibliography
Newspaper article
1. CENSUS,2011
2. https://blog.ipleaders.in/legal-rights-of-transgender-india/
3. https://www.aljazeera.com/indepth/features/2014/06/healthcare-distant-india- transgenders-
201461882414495902.html
4. https://timesofindia.indiatimes.com/india/Supreme-Court-recognizes-transgenders-as-third-
gender/articleshow/33767900.cms
5. http://www.bbc.com/news/world-asia-india-27031180
6. 5.http://www.thehindu.com/news/national/supreme-court-recognises-transgenders-as-third-
gender/article5914572.ece
7. file:///C:/TransGender_Others%20-%20Census%202011%20India.html
8. 7.https://www.avert.org/professionals/hiv-social-issues/key-affected-populations/transgender
9. https://timesofindia.indiatimes.com/india/First-count-of-third-gender-in-census-4-9-
lakh/articleshow/35741613.cms
10. https://www.cdc.gov/tobacco/disparities/lgbt/index.html
International Journal of Research in Social Sciences
Vol. 8 Issue 10(1), October 2018,
ISSN: 2249-2496 Impact Factor: 7.081
Journal Homepage: http://www.ijmra.us, Email: editorijmie@gmail.com
Double-Blind Peer Reviewed Refereed Open Access International Journal - Included in the International
Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in
Cabell‘s Directories of Publishing Opportunities, U.S.A
288
International Journal of Research in Social Sciences
http://www.ijmra.us, Email: editorijmie@gmail.com
11. https://www.hindustantimes.com/india-news/chhattisgarh-police-to-recruit-transgender-
constables-deploy-them-to-combat-maoists/story-xrdiFjWK3DDYaY81rF2jrK.html
12. http://www.newindianexpress.com/states/odisha/2017/dec/18/sambalpur-police-close-eyes-to-
trafficking-by-transgenders-1730082.html
13. https://www.indiatoday.in/india/story/prithika-yashini-india-first-transgender-police-officer-
tamil-nadu-969389-2017-04-04
14. Nagaranjan Rema, 2014. ―First count of third gender in census 4.9 lakh‖. TIMES OF INDIA,
May 30, 2014.
15. http://www.legaldesire.com/joyita-mondal-indias-first-transgender-judge/
16. https://www.indiatoday.in/education-today/gk-current-affairs/story/bpl-status-to-transgenders-
12624-2016-06-06
17. 16.https://www.lawctopus.com/academike/current-scenario-third-gender/
18. Bhaskar srikanth and vadarevu swetha, 2015, current scenario and the third gender, GNLU,
https://www.lawctopus.com/academike/current-scenario-third-gender/
Journals
I. Arcelus, J, et.al, (2016).Risk Factors for Non-Suicidal Self-Injury Among Trans Youth. . 2016
Mar;13(3):PP-402-12
II. Chettiar, A. (2015).Problems faced by hijras( male to female transgenders) in Mumbai with
reference to their health and harassment by the police, international journal of social science
and humanity, vol.5,no.9,pp.752-759,2015.
III. Gayathri, M and D. Karthikeyan, P.(2016). Inclusion and exclusion of third genders-
social hinderance in india, asian research consortium asian journal of research in social
sciences and humanities, vol 6, no.3, march 2016, pp-22-30.
IV. Jayadeva, v.(2017), understanding the Mental Health of the Hijra Women of India . The
American Journal of Psychiatry Residents‘ Journal volume 12, Issue 5, May 01, 2017, pp. 7-9.
V. Jaffee, KD, et.al, (2016). .Discrimination and Delayed Health Care Among Transgender
Women and Men: Implications for Improving Medical Education and Health Care
Delivery.2016 Nov; 54(11):1010-1016.
VI. Motmans, J. et.al., ( 2011). Original research- intersex and gender identity disorders, female
and male transgender quality of life- socio economic and medical differences, international
society for sexual medicine, international society for sexujal medicine, 2011, pp- 743-750.
VII. Rafeek, M, (2015). Transgender and human rights- current situation and potential options of
development in India, the rights, vol,1, issue2, 10 Dec, 2015, ISSN-2454- 9096.
VIII. Rays, D,V,et.al, (2013). A study on socio economic issues of third genders in Tamilnadu,
international journal of science and research, ISSN- 2319-7064.
IX. Sharma, P and Pal, N, ( 2014). Transgender in India: alimented from the society, human rights
internationbal research journal, vol.2, issue 1, 2014, ISSN- 2320-6942.
X. Show, K, K..( 2015).Human rights perspectives of the third gender in India, the rights, vol. 1,
issue- II, 10 December 2015.ISSN :2454-9096.
XI. Subramanian, T,et.al.,( 2016). Social support system of hijras and other trans women
populations in 17 states of India, international journal of health sciences and research, vol 6,
issue 4 2016.
XII. Thomas, R, et.al, ( 2017).Ensuring an inclusive global health agenda for transgender people,
bull world health organization,2017, 154-156.
XIII. Willie, TC, et.al,(2017). Victimization and Human Immunodeficiency Virus-Related Risk
among Transgender Women in India: A Latent Profile Analysis. 2017 Dec 1; 4(4):121-129.
ResearchGate has not been able to resolve any citations for this publication.
Article
Full-text available
Globally, transgender women (TGW) experience multiple forms of victimization such as violence and discrimination that can place them at risk for poor sexual health. To date, research overlooks the heterogeneity in experiences of victimization among TGW. Furthermore, few studies have examined the association between victimization and sexual risk among TGW in India, despite the high burden of HIV and victimization in this community. Latent profile analysis was performed to identify patterns of victimization in a convenience sample of 299 TGW recruited from nongovernmental organizations across four states in India. Analysis of covariance was performed to examine differences in sexual risk (i.e., alcohol use before sex; inconsistent condom use with a male regular partner, a male causal partner, and a male paying partner; and having multiple sexual partners) between latent profiles. Five distinct profiles of Indian TGW were identified based on the type and severity of victimization: (1) Low victimization, (2) High verbal police victimization, (3) High verbal and physical police victimization, (4) Moderate victimization, and (5) High victimization. While controlling for age, education, income, HIV status, and marital status, results revealed that TGW in the moderate victimization and high victimization profiles had higher sexual risk than TGW in the low victimization and high verbal police victimization profiles. In addition, TGW in high verbal and physical police victimization profile had higher sexual risk than TGW in low victimization profile. These findings underscore the importance of tailoring sexual risk reduction interventions to the specific needs of TGW based on patterns of victimization.
Article
Background: The transgender community experiences health care discrimination and approximately 1 in 4 transgender people were denied equal treatment in health care settings. Discrimination is one of the many factors significantly associated with health care utilization and delayed care. Objectives: We assessed factors associated with delayed medical care due to discrimination among transgender patients, and evaluated the relationship between perceived provider knowledge and delayed care using Anderson's behavioral model of health services utilization. Research design: Multivariable logistic regression analysis was used to test whether predisposing, enabling, and health system factors were associated with delaying needed care for transgender women and transgender men. Subjects: A sample of 3486 transgender participants who took part in the National Transgender Discrimination Survey in 2008 and 2009. Measures: Predisposing, enabling, and health system environment factors, and delayed needed health care. Results: Overall, 30.8% of transgender participants delayed or did not seek needed health care due to discrimination. Respondents who had to teach health care providers about transgender people were 4 times more likely to delay needed health care due to discrimination. Conclusions: Transgender patients who need to teach their providers about transgender people are significantly more likely to postpone or not seek needed care. Systemic changes in provider education and training, along with health care system adaptations to ensure appropriate, safe, and respectful care, are necessary to close the knowledge and treatment gaps and prevent delayed care with its ensuing long-term health implications.
Article
Background: Previous research has reported high levels of non-suicidal self-injury (NSSI) in trans populations and younger age has been identified as a risk factor. Aims: To explore the prevalence of NSSI in a large group of young trans people, and to identify risk factors for this group. Main Outcome Measures: Socio-demographic variables and measures of NSSI (The Self-Injury Questionnaire), Psychopathology (Symptom Checklist 90 Revised), Self-esteem (Rosenberg Self Esteem Scale), victimization (Experiences of transphobic victimization), Interpersonal functioning (Inventory of Interpersonal Problems) and social support (Multidimensional Scale of Perceived Social Support). Methods: Two hundred and sixty eight young people attending a national gender clinic completed questionnaires assessing presence and frequency of NSSI and levels of general psychopathology, depression, anxiety, interpersonal problems, self-esteem, social support, transphobia, and information on hormone treatment. Results: A life-time presence of NSSI was identified in 46.3% of patients and 28.73% reported currently engaging in NSSI (within at least the last few months). Analyses showed that those with a life-time presence of NSSI had significantly greater general psychopathology, lower self-esteem, had suffered more transphobia, and experienced greater interpersonal problems than those without NSSI. Findings were similar when comparing current versus non-current NSSI. Overall, natal males reported less social support than natal females, but current NSSI was more common in natal females. Regression analyses confirmed that natal female gender and greater general psychopathology predicted both current and life-time NSSI. Further analyses confirmed that general psychopathology itself could be predicted by transphobic experiences, low self-esteem, and interpersonal problems, but not by the use of cross sex hormones. Conclusions: These findings confirm that NSSI is common in trans youth and emphasise the need for interventions, which decrease transphobia, increase social support and help trans youth navigate their relationships with others in order to reduce psychopathology and NSSI.
Peer Reviewed Refereed Open Access International Journal-Included in the International Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in Cabell's Directories of Publishing Opportunities
  • Double-Blind
Double-Blind Peer Reviewed Refereed Open Access International Journal-Included in the International Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage as well as in Cabell's Directories of Publishing Opportunities, U.S.A 288 International Journal of Research in Social Sciences http://www.ijmra.us, Email: editorijmie@gmail.com
First count of third gender in census 4.9 lakh‖
  • Nagaranjan Rema
Nagaranjan Rema, 2014. -First count of third gender in census 4.9 lakh‖. TIMES OF INDIA, May 30, 2014.
Inclusion and exclusion of third genderssocial hinderance in india, asian research consortium asian journal of research in social sciences and humanities
  • A Chettiar
  • Iii
  • D Gayathri
  • P Karthikeyan
Chettiar, A. (2015).Problems faced by hijras( male to female transgenders) in Mumbai with reference to their health and harassment by the police, international journal of social science and humanity, vol.5,no.9,pp.752-759,2015. III. Gayathri, M and D. Karthikeyan, P.(2016). Inclusion and exclusion of third genderssocial hinderance in india, asian research consortium asian journal of research in social sciences and humanities, vol 6, no.3, march 2016, pp-22-30.
Original research-intersex and gender identity disorders, female and male transgender quality of life-socio economic and medical differences, international society for sexual medicine, international society for sexujal medicine
  • J Motmans
Motmans, J. et.al., ( 2011). Original research-intersex and gender identity disorders, female and male transgender quality of life-socio economic and medical differences, international society for sexual medicine, international society for sexujal medicine, 2011, pp-743-750. VII.
Transgender in India: alimented from the society
  • Sharma
  • N Pal
Sharma, P and Pal, N, ( 2014). Transgender in India: alimented from the society, human rights internationbal research journal, vol.2, issue 1, 2014, ISSN-2320-6942.