Having delved into the concepts of gender and sexuality in our previous blogs, we’ve uncovered that these terms go far beyond mere labels—they represent fundamental aspects of human identity, shaping how individuals experience and express themselves. With this understanding, it’s now time to shift focus toward practical ways of supporting gender inclusivity, explore legal frameworks, and discuss actionable steps to foster a safer, more inclusive world for everyone, irrespective of gender or sexuality.
Types of Harassment Cases
The underreporting and inadequate documentation of crimes and harassment against transgender individuals in India stem from systemic issues, social stigma, and procedural barriers. Understanding the harassment faced by transgender individuals is essential in supporting gender equity. This requires recognizing the various forms of harassment they endure and exploring the underlying reasons for the widespread underreporting of such incidents.
Forms of Harassment Cases
1. Harassment in Prisons : Inmates and prison personnel frequently subject transgender people to severe forms of harassment, such as verbal and physical abuse, assault, and sexual assault. Their vulnerability is increased by misgendering and a lack of acceptance of their gender identity. Transgender prisoners are left without adequate care or safety because of this atmosphere, which perpetuates a cycle of violence and neglect.
2. Medical Harassment : In the healthcare industry, transgender people frequently face discrimination from medical personnel. This includes being denied access to gender-affirming procedures, facing invasive questions about their gender identity, and experiencing mental anguish as a result of inappropriate medical care. The absence of qualified doctors who understand transgender health issues contributes to their marginalization.
3. Economic and Social Marginalization : Many transgender people face economic and social marginalization, which can lead to exploitation and vulnerability. Those who participate in sex work or begging are frequently subjected to harassment and assault, with few legal options. Economic insecurity places people in vulnerable situations, making them ideal targets for abuse.
4. Education and Employment Discrimination : Transgender people experience harassment in school and at work, which impedes their personal and professional development. They are frequently excluded, bullied, or denied chances merely because of their gender identification. Discrimination can occur throughout the hiring process, in the workplace, or even when pursuing educational opportunities.
5. Professional Ostracism : Even when transgender people are working, they frequently encounter professional rejection. They may be excluded from team activities, denied promotions, or endure hostile work conditions. This marginalization can make it difficult for transgender people to succeed professionally, driving many out of the workforce.
6. Harassment in society and within families : Transgender people frequently face discrimination from both society and their own families. This can range from emotional and verbal assault to complete rejection, resulting in social isolation. Fear of societal ostracism and familial rejection frequently drives transgender people to conceal their true identity, which can have a negative influence on their mental health.
Why Are Crimes Against Trans People Undocumented in India?
Crimes against transgender individuals often go unnoticed. Efforts to support gender require addressing these key barriers:
1. Insufficient documentation and misclassification
One of the primary reasons for underreporting is the misclassification of transgender people in official documents. Crimes against them are frequently wrongly classified as male or female, resulting in a lack of accurate data on violence against the transgender community. The Transgender Persons (Protection of Rights) Act of 2019, which conflates transgender and intersex people, hinders the collection of accurate statistics.
2. Lack of Digital Access and Awareness
With transgender people’s internet adoption rates estimated at around 10-15%, many may not have access to online venues for reporting crimes and seeking help. This digital divide not only restricts their ability to report instances but also renders them invisible in official crime statistics.
3. Barriers in the police and legal systems.
Law enforcement and judicial officials frequently lack the empathy and awareness required to address transgender matters. There is a widespread unwillingness to register complaints, and when they are registered, they are usually miscategorized. Furthermore, many transgender people endure harassment from police officers, which is a substantial barrier to initiating legal action.
Efforts And Recommendations Supporting Gender Inclusivity Legally
1. Improve Documentation and Reporting:
We need better ways to document crimes against transgender individuals. Training police and judicial authorities to handle transgender issues with sensitivity can help ensure accurate reporting. This will provide a clearer picture of the problem and help create effective solutions.
2. Policy and Legal Reforms:
Laws should be updated to eliminate barriers that keep transgender individuals from accessing justice. This includes creating gender-neutral laws, ensuring transgender people are correctly recognized in official records, and providing specific protections for them across all sectors.
3. Establish support systems:
Creating dedicated support systems like transgender helpdesks and safe spaces can offer critical assistance to victims of harassment. Initiatives such as the Transgender Hyderabad Helpdesk and Pride Place empower transgender people to report crimes and seek support.
4. Raise awareness and sensitization:
We need widespread awareness campaigns and training for law enforcement and healthcare professionals to educate them about transgender issues. This will help reduce stigma, promote acceptance, and encourage a more inclusive society.
The underreporting of harassment and violence against transgender people in India is due to complex systemic, social, and procedural issues. Addressing these through better documentation, legal reforms, and increased awareness is crucial for protecting the rights and dignity of transgender individuals. By working together, we can begin to dismantle the barriers that keep transgender people marginalized and vulnerable.
Legal and Policy Reforms Supporting Gender
Empowering the transgender community: India’s Laws and Welfare Policies
India is making meaningful strides in supporting gender inclusivity by recognizing and protecting the rights of transgender persons. Through landmark legal decisions and comprehensive welfare schemes, the country is working to create a more inclusive society where transgender individuals can live with dignity and equality. Below is a look at the key laws and policies shaping the lives of transgender persons in India.
1. Key Legal Developments
1.1. NALSA Judgment (2014)
The Supreme Court’s National Legal Services Authority (NALSA) v. Union of India judgment was a historic breakthrough. It recognized transgender persons as the ‘third gender,’ affirming their fundamental rights under the Indian Constitution. This landmark ruling laid the foundation for subsequent legal and policy measures aimed at protecting transgender rights.
1.2. Transgender Persons (Protection of Rights) Act (2019)
The Transgender Persons (Protection of Rights) Act, 2019, is a cornerstone of legal protection for transgender persons in India. This act defines a transgender person as someone whose gender does not match the one assigned at birth and includes provisions for various gender identities such as trans-men, trans-women, and genderqueer individuals.
Key Provisions:
• Non-Discrimination: Prohibits discrimination in education, employment, healthcare, and other areas.
• Right to Self-Perceived Gender Identity: Allows transgender persons to self-identify their gender and mandates identity certificates.
• Right of Residence: Ensures the right to reside with families and protects against exclusion from the family home.
• Welfare Schemes: Mandates the formulation of welfare schemes for education, social security, and health.
• National Council for Transgender Persons: Establishes a council to advise and monitor measures for transgender rights.
1.3. Transgender Persons (Protection of Rights) Rules (2020)
To operationalize the 2019 Act, the government introduced detailed rules in 2020. These rules outline the procedures for gender recognition and provide protection against discrimination, ensuring that the provisions of the Act are effectively implemented.
1.4. National Council for Transgender Persons (2020)
• Established in 2020, this council advises the government on policies, monitors their implementation, and addresses grievances of transgender persons, ensuring their rights are upheld.
• The National Portal for Transgender Persons
Launched in 2020, this portal allows transgender individuals to obtain identity certificates and identity cards online, streamlining the process and making it more accessible. These documents are essential for availing various welfare measures under government schemes.
2. Comprehensive Welfare Policies
2.1. The SMILE Scheme
The SMILE (Support for Marginalized Individuals for Livelihood and Enterprise) scheme, introduced in 2022, is a comprehensive umbrella initiative designed to support transgender persons across multiple aspects of life.
Components of the SMILE Scheme:
• Skill Development and Livelihood Support: The Ministry of Social Justice and Empowerment provides skill development training through programs like PM-DAKSH and the Skill India Mission. These programs equip transgender persons with market-oriented skills, enhancing their employment and self-employment opportunities.
• Medical Care: The SMILE scheme includes a component for comprehensive medical care, providing health insurance coverage through Ayushman Bharat TG Plus. This insurance covers gender reaffirmation surgeries, hormone therapy, and other essential medical needs.
• Shelter and Protection: The scheme also focuses on providing shelter through Garima Grehs, which are safe homes for abandoned and orphaned transgender persons. These shelters offer basic amenities, medical care, and skill development opportunities. Additionally, transgender protection cells have been established across the country to address crimes and offenses against transgender persons.
• Education: The National Education Policy 2020 identifies transgender children as a socio-economically disadvantaged group (SEDG) and includes provisions to ensure their access to quality education. The policy also proposes a Gender-Inclusion Fund to support the education of transgender students, addressing barriers to their participation in education.
3. Critical Appraisal of the policies
While these laws and policies mark significant progress, challenges remain in their implementation and effectiveness.
• Implementation: The Indian Constitution guarantees fundamental rights, including equality before the law, non-discrimination, and the right to life and personal liberty. The NALSA judgment extended these rights to transgender persons, emphasizing their protection under Articles 14, 15, 19, and 21. However, the implementation of these rights remains challenging.
• Educational and Employment Barriers: Despite the legal protections, transgender persons continue to face significant barriers in accessing education and employment. Discrimination, bullying, and exclusion are prevalent in educational institutions, leading to high dropout rates and limited access to higher education. In the employment sector, transgender persons often struggle with low literacy rates and a lack of vocational training, limiting their opportunities.
• Social and Legal Barriers: Social stigma, discrimination, and legal hurdles persist, making it difficult for transgender persons to fully exercise their rights. The requirement for medical screening for gender recognition is seen as invasive, and the lack of reservation provisions in education and employment remains a significant gap.
• Judicial Interventions: While judicial interventions have played a crucial role in advancing transgender rights, there is a need for comprehensive central legislation that incorporates the recommendations of various court judgments to ensure uniform protection across India.
4. A Path Towards Equality
India has made significant progress in recognizing and protecting the rights of transgender persons through legal and policy measures. However, the true measure of progress lies in the effective implementation of these measures and the dismantling of societal barriers. Continuous advocacy, awareness, and inclusive policy-making are crucial to ensuring that transgender persons can live with dignity and enjoy equal opportunities.
Checklist of Cis Gender Privileges
The checklist of cisgender privilege, inspired by Peggy McIntosh’s work on white privilege, highlights how societal structures support gender norms that favor cisgender individuals. Below are some examples of cisgender privilege as outlined by Sam Killermann:
- I can use public restrooms without worrying about verbal harassment, physical threats, or being arrested.
- I can use public spaces like gym locker rooms and store changing rooms without feeling stared at, anxious, or fearful.
- Strangers don’t feel entitled to ask me about my genitals or my sexual practices.
- I can access gender-specific spaces like the Michigan Women’s Music Festival, Greek Life, or Take Back the Night without being excluded because of my trans status.
- I can reasonably expect that my gender identity or expression won’t prevent me from getting a job, renting an apartment, or securing a loan.
- I can engage in flirting, dating, or relationships without fearing rejection or violence because of my biological status, and my partner won’t question their sexual orientation because of it.
- My identity is not classified as a mental disorder (“gender identity disorder” in the DSM IV) by medical and psychological professionals.
- If I am a victim of murder or any crime, my gender expression won’t be used to justify the crime or to show leniency to the perpetrator.
- I can easily find role models and mentors who share my identity.
- I can buy clothes that match my gender identity without being denied service, mocked by staff, or questioned about my genitals.
- I can reasonably assume that I won’t be denied services at places like hospitals or banks because the staff doubts the gender marker on my ID matches my identity.
- I don’t have to convince my parents of my true gender or work to regain their love and respect after coming out.
- I don’t have to repeatedly remind my extended family to use the correct gender pronouns after transitioning.
- I don’t have to deal with old photos that don’t represent who I truly am.
- I can avoid oversimplifying gender and anatomy as being fixed when talking to children instead of explaining the real complexities.
Recognizing these privileges is a vital step in supporting gender equality and inclusivity. Addressing these disparities can help build a more equitable society for everyone, regardless of their gender identity or expression.
Our Role: Supporting Gender Identity
To support gender identity effectively, it’s essential to create an environment where everyone feels valued, respected, and included. This goes beyond accommodating individuals during their transition; it involves actively fostering inclusivity at every level.
This includes:
- Creating Safe Spaces: Supporting gender inclusivity by ensuring that all areas, from restrooms to changing rooms, are accessible and welcoming. Gender-neutral options should be available, with policies supporting individuals’ choices based on their gender identity.
- Adapting Policies and Practices: Review and update workplace or institutional policies such as dress codes and communication practices in supporting gender diversity. This includes allowing flexible attire options and removing gender-enforcing language.
- Providing Resources: Offer counseling services, peer support groups, and mentorship programs tailored to individuals undergoing gender transition. These resources are instrumental in supporting gender identity and providing emotional and practical assistance.
- Training and Education: Conduct regular training sessions to educate teams about gender identity, the importance of using correct pronouns, and fostering respectful and inclusive behavior.
- Implementing Anti-Discrimination Measures: Ensure clear policies are in place to protect individuals from harassment, discrimination, or bullying based on their gender identity. Actively review and enforce these measures in supporting gender equity in all spaces.
By taking these steps, we contribute to a more inclusive and respectful environment where everyone can thrive.
Creating Inclusive Environments (Especially During “Transitioning”)
- Ensure Access to Gender-Neutral Facilities: Provide gender-neutral restrooms and changing rooms in workplaces, schools, and public spaces to support gender inclusivity.
- Adapt Dress Codes: Create dress codes that respect and accommodate diverse gender expressions, removing discriminatory guidelines.
- Offer Emotional and Psychological Support: Make counseling services, support groups, and mentorship programs readily available to individuals navigating gender transitions.
- Implement Protective Policies: Put policies in place to safeguard individuals against discrimination or harassment and actively enforce them.
Pronouns and Language
- Encourage Use of Correct Pronouns: Promote sharing and using correct pronouns in introductions, email signatures, and name tags to actively support gender identity.
- Educate on Inclusive Language: Conduct training on using inclusive, gender-neutral language to ensure all individuals feel represented.
- Promote Gender-Neutral Alternatives: Incorporate gender-neutral terms to prevent misgendering and foster a welcoming environment.
By taking these steps, we are not only supporting gender identity but also contributing to building a more inclusive and equitable world where everyone can thrive.
Role of Allies in Supporting Gender
Parents, guardians, and educators play a vital role in helping children feel safe and supported as they explore their gender identity. Being an ally to your child is one of the most impactful ways to support gender inclusivity and ensure their well-being and self-discovery.
Early Understanding of Gender: Children begin understanding gender at an early age. By age three, most can identify their own gender, shaped by their family, culture, and environment. Families, regardless of their structure, should embrace openness and flexibility to support gender exploration when a child begins navigating their identity.
Challenges for Gender-Diverse Kids: When children come out as transgender or gender-diverse, parental reactions can vary. Negative responses may harm their mental health, but love and active support can lead to improved well-being and happiness. Supporting gender diversity helps foster a sense of security and confidence in children.
How Parents Can Be Allies: Being an ally means more than acceptance; it involves proactive steps to support gender inclusivity and advocacy for your child:
1. Love Unconditionally: Embrace your child for who they are without imposing traditional gender roles.
2. Talk About Gender: Initiate early conversations to teach your child that gender is diverse and fluid.
3. Listen and Ask Questions: Encourage your child to express themselves openly without fear of judgment.
4. Educate Together: Explore books, media, and resources that celebrate diverse gender identities.
5. Create a Safe Space: Make your home a secure place where your child feels comfortable sharing challenges.
6. Collaborate with Schools: Partner with teachers and schools to extend support for gender inclusivity in the classroom.
7. Monitor Mental Health: Watch for signs of anxiety or depression and seek professional help when necessary.
Overcoming Fears: It’s natural for parents to worry about their child’s safety and future. However, offering unconditional love and support is the most effective way to ease these fears. Seeking guidance from professionals or connecting with other supportive parents can help navigate this journey.
The Power of Support: When children receive consistent support from their parents and educators, they are happier, healthier, and more confident. By actively supporting gender diversity and being an ally, you empower your child to embrace their authentic self while feeling safe, loved, and accepted.
Being an ally not only helps your child thrive but also contributes to creating a more inclusive world that supports gender diversity at every level.
The gender spectrum is vast and deeply woven into our lives, influencing both personal identity and social interactions. It is more than just a label—it shapes how we see ourselves and how we engage with the world. For many, the journey of understanding and affirming their gender identity involves overcoming social stigmas, cultural barriers, and internal struggles.
In recent years, the concept of gender identity has gained much-needed visibility, allowing countless individuals to explore and affirm who they are. This progress has opened up new avenues to support gender inclusivity, while also meeting resistance from certain segments of society. This underscores the critical need for increased awareness and proactive efforts to support gender identity at every level. Providing parents, educators, and communities with the tools to nurture and mentor individuals as they learn about gender identity is a vital part of this effort.
A comprehensive understanding that differentiates gender identity, biological sex, gender expression, and sexual orientation requires education and openness. While progressive laws and policies are paving the way to support gender diversity and protect transgender rights, our collective responsibility extends far beyond legal reforms. As a society, we must foster a compassionate environment, educate ourselves and others, and stand against discrimination in all its forms.
By embracing gender diversity with empathy and understanding, we can create a world where everyone is valued, respected, and supported—regardless of their gender identity. Supporting gender diversity is not just a responsibility; it is a pathway to building a more inclusive and equitable society for all.