An Empirical Study On The Status Of Transgenders In The Indian Society

Each and every society in this world consists of diversity. While some diversity is created by God, some are enhanced by the society which can be positive as well as negative. As males and females, transgender is also part of society but they don't see as much acceptance. Their diversity is not taken in a positive manner by society. Our constitution says that India is not a nation of uniformity but a nation of inclusiveness but the strange thing is that a naturally different human being does not seem to enjoy all the rights provided in the constitution.

This study is aimed at understanding the social, economic, health and educational status of Transgenders and the stigma related to them being transgender.

The first section provides a brief introduction. The second section consists of a historical aspect, section three provides survey results and finally from this study we conclude what can be done to improve their situation in society.

INTRODUCTION

Before understanding the word ‘Transgender’ we must know what the difference between the term sex and gender is. Sex is something which is labeled at the time of birth e.g. Male or Female, while Gender is the roles, expectations, and characteristics of a male or a female decided by the society and due to this there are many complications in understanding the term gender as there are different roles of gender in different cultures. Transgender is a term given to persons whose sex doesn't remain the same as what they were assigned at the time of their birth.

HISTORY

Historically, renowned transgender communities have been a part of India’s social set up since the very beginning but never recognized as a reputable part of the society. Hijra is a term traditionally used in south-east Asia for transgender women who were born male and roughly translates to eunuch or hermaphrodite. The role and value of this community in accordance with the sacred Hindu texts condenses to the performance of blessings at marriage and birth ceremonies for good fortune. With the advent of the British Raj in the 19th century, the acts of “cross-dressing” were registered as a criminal offense and if repeatedly such offenses were committed, imprisonment followed. Thus, they began the criminalization of Hijras. Today, although legally supported and socially empowered as compared to earlier times, hijras are still subject to Transphobic discrimination-associated violence, poverty, and segregation.

As to what religion they do not follow, many practices a form of syncretism that draws on multiple religions; seeing themselves to be men nor do women, hijras practice rituals for both men and women. The hijras mostly prayer to the mother goddess Bahuchara Mata, Lord Shiva, or both. . The primary temple to this goddess is located in Gujarat and it is a place of pilgrimage for hijras, who see Bahuchara Mata as a patroness. One of the forms of Lord Shiva is a merging with Parvati where together they are Ardhanarishwara: a god that is half Shiva and half Parvati. Ardhanari has special significance as a patron of hijras, who identify with the gender ambiguity. In some versions of Ramayana when Rama leaves Ayodhya for his 14-year exile, a crowd of his subjects follows him into the forest because of their devotion to him. Soon Rama notices this, and gathers them and tells all ‘men and women’ to return to their places in Ayodhya. Rama then leaves and has adventures for 14 years. When he returns to Ayodhya, he finds that the hijras, being neither men nor women, have not moved from the place where he gave his speech. Impressed with their devotion, Rama grants hijras the boon to confer blessings on people during auspicious inaugural occasions like childbirth and weddings. This boon is the origin of badhai in which hijras sing, dance, and give blessings.

PRESENT SITUATION

According to our study on Transgenders, given below are some survey reports :

Most of them were between the age group of 18-35 and only one of them was of the age group above 35 i.e she was 53 years old.

1st quarter represents the people who had completed matriculation (10th class)

2nd quarter represents who studied up to middle school (up to 9th class)

3rd quarter represents who were literate but did not have a formal education

4rth quarter represents those who were illiterate

1st quarter represents those who had Voter id, Aadhar card, and other legal documents.

2nd quarter represents who didn't have a voter id but had all other legal documents.

1st quarter represents those who didn't follow any religion

2nd quarter represents those who followed Hinduism

3rd quarter represents those who followed Murga wali Mata

1st quarter represents those who were born as a transgender

2nd quarter represents those who underwent surgeries

1st quarter represents those who were aware of the schemes provided by the Government

2nd quarter represents those who were not aware of the schemes provided by the Government

1st quarter represents those who were married

2nd quarter represents those who were not married and didn't want to marry

3rd quarter represents those who were single and were looking for a relationship

1st quarter represents those who had menstruation cycles

2nd quarter represents those who didn't have menstruation cycles

Most of them got to know that they are transgender at an early age (below teenage) while some of them got to know that they are transgender in their teenage years. On asking, if they had to experience transphobic experience, some of them told that they were not treated in the same way as normal people are treated such as you (pointing towards us). Some of them are molested daily by people. One of the transgender told us that one day a group of people entered her home and forced themselves upon her and when she went to the police station to complain, the police also molested her and didn't write a complaint. On asking whether the government has made enough laws for them they told that 'Yes' government has made laws concerning them but most of them are not implemented in real life. Most of the laws are related to their healthcare and there should be more laws relating to their education as most of them were keen on studying. They wanted to be treated equally just like the other citizens of the country. Most of them told that the people around their homes are mostly supportive and help them with their basic amenities. While some of them said that they didn't feel safe in their area and were not treated in a good manner which is forcing them to shift their houses.

In 2014, Transgenders were legally recognized by the Supreme Court. This was a massive achievement by the Indian law and a win for this community. Government-set quotas were provided to increase access to job and educational opportunities for newly-defined third sex citizens — an estimated half a million-two million. It also meant hugely important changes to social care through grants and welfare benefits and supposed protection by the Indian police service. Of course, this was a huge development within Indian law and a victory for the Trans Community, globally. But even though they have been recognized legally; a recent survey tells that most of the transgenders rely on dancing, sex work, or begging to make ends meet.[1]

CONCLUSION

We feel that even if there are laws made for them, they are only on paper and do not work as efficiently as they seem on paper in real life. The society still doesn't respect them or even see eye to eye with. A change is definitely needed so that they get all the basic facilities which are their right and get to enjoy their life peacefully. We personally didn't like talking to them until we took these interviews and were taken aback by the normalcy in them, similar to all of us. We felt that they deserve more respect in our society. They are also human beings who are working for their rights and even harder to get two times of food. Most importantly, we feel that the Transgenders who get old and have no means of earning should be provided with pension regularly as since the past few years the, pension they used to receive has stopped. We now conclude by saying that, ''Transgenders are humans, just like you and me, and therefore we should treat them like one.'

[The co-authors Abhishek Sunny and Devesh Parashar are 3rd Year BA.LLB students from Vivekananda Institute of Professional Studies affiliated with Guru Gobind Singh Indraprastha University]

1. https://studentaffairs.jhu.edu/lgbtq/trans-resources/intro-trans/