Lakshana Gupta
In a world striving for equality and justice, the transgender community remains one of the most marginalized and misunderstood groups. This group is the most marginalized group within the marginalized communities. Despite their rich cultural heritage and the spiritual recognition, they once held in ancient Indian society, transgender individuals are often pushed to the fringes, struggling for basic rights and recognition. They have been treated as stigma on the society. From family to school, from rejection to exclusion they have to face endless problems – violence, discrimination, bullying, exploitation, sexual abuse, etc. just because of who they are. This marginalization is not a product of their identity, but rather a result of historical prejudices, colonial laws and a lack of gender sensitization.
Transgender individuals often encounter significant discrimination in various aspects of their lives. In employment, they might face unfair hiring practices, unequal pay, or hostile work environments. For example, employers may be reluctant to hire or promote transgender people due to biases or misconceptions about their gender identity. This discrimination can limit their career opportunities and economic stability.
In education, transgender students may experience bullying, harassment, or exclusion from their peer groups and teachers. Schools might not have inclusive policies or support systems in place, making it difficult for these students to succeed academically and socially. They might also face challenges related to accessing appropriate restrooms or participating in sports that align with their gender identity.
Transgender individuals can be rejected by family, friends, or their communities, leading to isolation, mental breakdown and emotional distress. This social exclusion can affect their mental health and overall well-being.
Violence against transgender individuals is also a major concern. They are at a higher risk of physical and verbal attacks, often driven by deep-seated prejudices and hatred. This violence can occur in public spaces, workplaces, or even within their own homes they are unsafe. Either they have been rejected by their families and compelled to leave the home for the sake of “family honour and prestige” by the fear of stigma in society or the ones who are allowed to live with the family live like a nobody anymore to them.
The Purush and Prakriti Concept: Transgender Identity as a Natural Phenomenon
Transgender identity is deeply rooted in the Indian spiritual and cultural context. The concept of Purush (male) and Prakriti (female) in ancient texts acknowledges the fluidity of gender and the existence of multiple gender identities. Transgender individuals have been recognised in various cultures as expression of this divine balance. Their existence is a natural phenomenon, a reflection of the diversity in Indian Culture. The Mohini avatar of Lord Vishnu, where the deity transforms into a woman, and Shikhandi from the Mahabharata, who transitions from female to male. These narratives illustrate that Indian culture recognizes and reveres gender diversity, viewing transgender identities as natural and integral fabric of society.
However, this understanding was disrupted during the British colonial era, when laws such as the Criminal Tribes Act of 1871 were introduced. This Act labelled entire communities, including transgender people, as “criminals by birth,” pushing them to the margins of society. The British, unfamiliar with the cultural significance of these communities, saw them as a threat to their colonial order and sought to control them through legal means. This marked the beginning of the systemic marginalization of transgender individuals in India.
Understanding the Transgender Experience
Transgender individuals are those whose gender identity differs from the sex they were assigned at birth. This is not a choice or a phase, but a deeply felt sense of self that deserves to be respected. Many still view transgender identity as something unnatural, abnormal or deviant, rather than a valid and authentic expression of one’s true self.
Transgender individuals are viewed as “others”, often treated with a mix of fear, mockery, and occasional respect only due to superstitions about their supposed magical powers. These misconceptions are often perpetuated by a lack of understanding, education and awareness about transgender issues. The media, schools, and even some sections of the medical community have historically contributed to the marginalization of transgender people by failing to recognize and affirm their identities. Most people consider them as deviant and not suitable for living in a main stream society. It is crucial that we challenge these narratives and replace them with a more accurate and compassionate understanding of transgender lives.
Legal Recognition and the Ongoing Struggle
It was only after decades of struggle and sacrifice that transgender individual began to gain legal recognition in India. The NALSA judgment of 2014 and the Transgender Persons (Protection of Rights) Act, 2019, were landmark victories, granting transgender individuals the right to self-identify their gender and prohibiting discrimination.
It affirmed that transgender people should be considered a ‘third gender’ and be granted equal rights and protections under the law. This judgment mandated the creation of policies to safeguard their rights in various areas, including education and employment. Despite this progress, the full implementation of these protections remains a challenge, and many transgender individuals continue to face discrimination in accessing education, healthcare, and employment. For instance, transgender students often encounter barriers in the admission process and within educational institutions, where they may face harassment or be denied access to facilities that correspond to their gender identity.
One notable case is that of Arnavi Sharma, a transgender student seeking admission to the M.A. English program at Jammu University. Her struggle for fair consideration and her efforts to have the appellate fee waived highlight the systemic challenges faced by transgender individuals in accessing higher education. Currently, there is no specific transgender admission policy in place, partly because there are very few openly transgender students who reach this level of education. The absence of affirmative action policies, unlike those for Scheduled Castes (SC), Scheduled Tribes (ST), and Persons with Disabilities, further exacerbates their marginalization. This situation underscores the urgent need for comprehensive legal protections and their effective implementation to ensure equal opportunities for all students, regardless of gender identity.
The Role of Society
Legal reforms, while essential, are not enough. Social acceptance and inclusion are equally important. Society needs to move beyond mere tolerance to embrace transgender individuals as equal members of our community. There is a need for comprehensive gender sensitization at all levels of society. This includes educating people about the history, struggles, and rights of transgender individuals, and fostering empathy and acceptance. Equity, empathy, and affirmative action are essential to ensuring that transgender individuals have the same opportunities as everyone else. This also means recognizing their contributions to society and treating them with the dignity and respect they deserve.
Women, in particular, have a unique role to play in this regard. By taking on roles as mothers, sisters, and friends, women can help change societal attitudes towards transgender individuals. This shift in mindset is crucial for creating a more inclusive society where everyone, regardless of their gender identity, is valued and respected.
Despite legal advancements and growing awareness, transgender individuals continue to face significant challenges in their everyday lives; their fight for dignity and respect is ongoing. As a society, it is our collective responsibility to ensure that these challenges are addressed, and that transgender individuals are afforded the same rights and opportunities as everyone else.
It is important here to quote the lines by Alvin Toffler,
“The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn.”
In this case these are totally relevant that there is need for deconstruction and reconstruction of the existing notions about the gender in society. As a society we need to educate ourselves about gender diversity, discard harmful stereotypes, and adopt inclusive practices. By embracing new perspectives on gender, society can better support and affirm transgender experiences.
Society needs to learn about transgender identities and experiences in a respectful and empathetic manner. Society needs to unlearn the harmful narratives that have historically marginalized transgender individuals, such as viewing transgender identity as a mental disorder, a social deviance, or something unnatural. This also includes unlearning the rigid binary view of gender that invalidates all those individuals who don’t fit into the traditional classification of male and female.
It is essential to continue advocating for the rights of transgender individuals. This means pushing for comprehensive anti-discrimination laws, ensuring access to education and healthcare, gender sensitization and promoting social acceptance to ensure that transgender people are treated with equity and respect.
The journey towards full equality for transgender people is far from over, but with continued effort and solidarity, we can build a society that truly values and respects all its members, regardless of their gender identity.
(The author is Research Scholar, Deptt of Sociology and Social Work Himachal Pradesh University, Shimla)
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