Overview: Transgender Rights and Hate Crimes Legislation

Introduction

Transgender people are prone to more violence and hate crimes due to their gender isolation from society. Hate crimes are particularly egregious as they target individuals for who they are, contributing to a climate of fear and marginalization. Effective legislation is crucial in providing protection and ensuring justice for these individuals.

Transgender people face more discrimination and are more targeted for hate crimes experiencing higher levels of violence, discrimination and harassment. Hate crimes legislation aims to address and penalize offences motivated by bias against specific characteristics such as race religion gender sexual orientation. Legislation should have strict and explicitly specific provisions for gender discrimination, especially against transgender as they face a huge gender isolation from society.

Transgender rights

According to the World Health Organization, transgender is an umbrella term that includes persons whose sense of gender does not match the gender assigned to them at birth.

The transgender persons (protection of Rights) Bill, 2016 introduced by the Ministry of Social Justice and Welfare defines transgender persons as those who are partly female and male, or neither female nor male. It also includes persons whose gender does not match the gender assigned at the time of birth and includes trans men, trans-women, persons with intersex variations and gender queers.

• A transgender person should obtain a certificate of identity as proof of recognition of identity as a transgender person granted by the district magistrate on the recommendation of a screening committee (committee comprising a medical officer, a governmental official, and a transgender person).
• There should be no discrimination against transgender in areas such as education, employment and healthcare. It directs the central and state governments to provide welfare schemes in these areas.
• There should be no offences against transgender like compelling them them to beg, denial of access to public places, sexual and physical etc. would attract up to two years imprisonment and fine.

Transgender hate crime

Transgender hate crimes and non-crime incidents are acts of violence against transgenders targeting them because of their gender identity and isolating them from society. A transgender hate crime can be against transgender or the child of a transgender or any person mistaken as transgender.

Treatments to the transperson

The law considers hate crimes to be very serious including transgender hate crimes. The police have performance targets and measures in place to ensure the service they offer is of the highest standard. When a case is presented the courts can impose a stronger punishment under powers. This reflects the priority placed on these crimes.

Hate crimes in India

Hate crimes are acts of violence and or hostility motivated by prejudice towards a particular race, religion, ethnicity, sexual orientation or any other character that defines an individual's identity. Unlike conventional crimes driven by personal gain or revenge hate crimes stem from deep-rooted biases and intolerance.

India's huge diversity also incorporates huge barriers and differences in cultures creating an environment of hate against individuality. Instances such as lynchings, where mobs attack individuals based on rumours or misperceptions, highlight the urgent need for stricter enforcement and awareness campaigns against hate crimes.

Transgender people are disproportionately targeted in hate crimes, experiencing higher rates of violence, harassment and discrimination compared to the general population. These crimes include physical assaults, sexual violence, verbal abuse, and property damage.

As a society, it is our collective responsibility to stand up against hatred and intolerance. By promoting inclusivity, educating ourselves about different cultures and beliefs, and fostering respect for one another's differences, we can create an environment where hate has no room to thrive. We hope to eradicate this menace from our society through concerted efforts at all levels – governmental institutions, non-governmental organisations, families, and individuals.

Gaps in the Hate Crime Legislation in India

India lacks proper legislation to protect against hate crimes against transgenders, despite some progress in recognising transgender rights, the legal framework still has significant shortcomings. Some key gaps are the following :

• Lack of specific hate crime legislation- India lacks legislation against hate crimes targeting some groups of individuals or ethnicity-motivated biases against specific groups, including transgender individuals.
• IPC provides provisions for the prosecution of acts of violence and discrimination, there is no specific legislation that recognises and penalizes hate crimes against transgender people.
• The transgender persons (protection of Rights) Act, 2019, is a significant step towards recognising transgender rights. However, it does not provide a robust legal framework for addressing hate crimes specifically. The act also lacks clarity on punitive measures against perpetrators of violence and discrimination.

Laws related to hate crimes

In India, hate crimes are punishable under several laws due to their intensity. Some major laws challenging hate crimes are the Indian Penal Code, the Protection of Civil Rights Act, the SC and ST (Prevention of Atrocities) Act and the Prevention of Atrocities Act. The Protection of Civil Rights Act also plays a crucial role in combating hate crimes by prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures equal rights and opportunities for every citizen. In a recent case, a bench led by Justice K.M. Joseph said, “If you ignore hate crime, it will come on to you, and then innocent lives will be lost.”

Challenges in the implementation

Under-reporting - the crimes against transgenders are generally underreported as they are left with no respect and are alienated from the society. Mostly transgenders are afraid of reporting crimes against them because of having no results or notice.

Bias and prejudice - Transgender individuals often face bias and discrimination from law enforcement officials. This can lead to inadequate investigation and prosecution of hate crimes.

Lack of awareness - mostly transgenders are unaware of their rights and provisions made for them because of their lack of knowledge, as they are generally isolated from society they are deprived of education and basic needs.

Legal changes and reforms required

To better protect transgender individuals, several reforms and policy measures are necessary:

• Inclusive legislation - laws should explicitly include gender identity as a protected category in hate crimes statutes.
• Support services - establishing robust support systems for transgender victims, including counselling, legal aid, and community support networks is essential.
• Public awareness campaigns - educating the people about transgender rights and their importance.

Conclusion

Comprehensive hate crimes legislation that specifically protects transgender individuals is crucial for promoting equality and safety. Addressing the implementation challenges through legal reforms, training, and support services can significantly improve the experiences of transgender individuals in the criminal justice system. Collaborative efforts between policymakers, law enforcement, advocacy groups, and the broader community are essential in creating a society where transgender individuals can live free from fear and discrimination. Reducing stigma and encouraging reporting of hate crimes can help create a safer and more inclusive environment for everyone.

References

https://aklegal.in/hate-crime-in-india-and-the-battle-for-equality/

https://www.report-it.org.uk/transgender_hate_crime

https://prsindia.org/billtrack/the-transgender-persons-protection-of-rights-bill-2016