TODAY -

Gender equality and human rights
"Let different flowers bloom in the garden of God"

Shobha Shukla *

 Gender equality and human rights



"...All must be encouraged in an understanding of the fact that all human beings are born good, but they may be endowed with different gifts. Deviations from preset norms should not form the basis of ostracism. There should be no discrimination on the basis of one's gender identity. We need to try to see it as a gift and not as a threat...". So had said late Sister Marian Moriarty IBVM, a former Superior General of the Loreto Sisters, when I had met her about a decade ago. These words, coming from a devout Catholic, are indeed encouraging and would help in removing the misconception that religion goes against the so called 'out of line behaviour'.

Yet discrimination and stigma in the name of tradition, religion or culture continues to plague the lives of LGBTIQ+ (lesbians, gays, bisexuals, transgender, intersex, queer and other sexual orientations, gender identities and gender expressions), denying them the basic human rights to live with dignity and equality.

Ensuring respect and equal rights among all individuals, regardless of their gender identities, gender expressions, and sexual orientations, is a crucial issue confronting all countries, including those in the Asia Pacific region.

"It is very important for all genders to achieve equal access to sexual and reproductive health and other social services including participation in economic activities. It is also an important element to achieve universal health coverage that promises to leave no one behind", said Dr Chivorn Var, founder Executive Director of Reproductive Health Association of Cambodia (RHAC), and convener of the 10th Asia Pacific Conference on Reproductive and Sexual Health and Rights (APCRSHR10).

transgender rights in India

The first ever official count of transgenders in India, as per the 2011 census, puts their number as 4.9 lakhs, out of which only 30,000 are registered with the Election Commission. But activists estimate the actual number of transgenders to be several times higher than this. The landmark judgement by India’s Supreme Court in 2014 in National Legal Services Authority v. Union of India granted legal recognition of the third gender, exempted biological evaluation of gender for the purpose of law, and upheld transgenders’ right to decide their self-identified gender as male, female or as third gender. It also affirmed that all the fundamental rights granted under the Constitution of India will be equally applicable to them.

Then again, the Transgender Persons (Protection of Rights) Bill, passed by the Parliament in 2019 prohibits discrimination against transpersons (those whose gender does not match the one assigned at birth) in employment, education, housing, healthcare and other services. However, while allowing self perception of gender identity, it mandates that each person would have to be recognised as 'transgender' on the basis of a certificate of identity issued by a district magistrate after proof of a sex reassignment surgery is provided.

Transgender people believe this is coercing them into surgery whereas the demand for free or low-cost sex reassignment surgery has not been met. Also, the Bill strongly focuses on trans women (or hijras as they are called) and there is little emphasis on the intersex, queer, gender non-conforming people, and even trans men in the Bill.

ground reality

A systematic review, based on 30 studies done on transgender issues in India from 2000 to 2019, presented during APCRSHR10 by Dr Saritha P Viswan of Population Research Centre, India, reveals the ground reality of the problems faced by the transgenders in the country.

Despite the positive amendments made in the country’s laws to ensure equal rights to all individuals and eliminate discrimination on the grounds of gender identity and sexual orientation, transgenders are subjected to various forms of gendered violence, harassment and discrimination both at home and in public spaces. Families do not accept children behaving against their biological sex; there is physical and verbal abuse; false allegations are levelled against them; and they are even denied their legal and political rights.

The review findings reveal that discrimination and exclusion starts from family. It includes estrangement from family and friendship networks, harassment at school, mental ill-health and homelessness. Rejection from families lead them to begging and sex work to earn a living. There is a 25% higher rate of suicidal attempts by transgenders compared to that in the general population. Discrimination in employment is also high-ranging from 20% to 57% - including being fired, denied a promotion or harassed.

Condom use is restricted with intimate partners and with clients due to difficulty in disclosing their other relations and fear of loss of clients. No wonder HIV prevalence is high among the group, but there are challenges in HIV testing as they experience discriminatory attitudes from the healthcare workers. While there is an increasing demand for gender affirming surgeries, most of them undergo sex reassignment surgery without proper counselling or preparation. Also a large proportion (57%) of them want to undergo a sex reassignment surgery but are unable to afford it.

Underlying factors for the present situation include pervasive stigma and violence, low self-efficacy to negotiate condom use, lack of community support, police harassment, health provider discrimination and the sex work environment.

Dr Viswan shared 3 documented instances of discrimination against transgenders:

- Young women selected in police force got dismissed after a routine medical examination in Tamil Nadu and Maharashtra.

- Santhi Sundarajan won the silver medal at the 2006 Asian games in Doha. Her medal was taken back, and humiliations led to a suicidal attempt. Later she won her battle and the state government compensated her.

- Air India rejected the application of a transgender engineering graduate for the post of a cabin crew though she was eligible for the job.

A study conducted by the National Human Rights Commission shows that transgender people are the subject of entrenched discrimination and isolation, while also facing an identity crisis in a 'gender-specific India' in which public utilities such as PAN cards, security checks, and public bathrooms require gender identification. 99% of them have experienced social rejection on multiple occasions; 60% of them have never attended school, while 52% experienced harassment by school classmates and 15% experiencing it from their teachers, leading them to drop out of their studies; 96% of transgender people are denied jobs and forced to take low-paying or undignified work, such as such as begging and sex work, to earn their livelihood. The study also reveals that 57% of them want to undergo a sex reassignment surgery but are unable to afford it.

what can be done?

Having favourable laws for the transgender community is important. But more important is ensuring their proper implementation. We must take a cue from international practices to end discrimination against transgenders. Countries like Thailand, Malaysia and Indonesia recognise their right to work. Even Pakistan has a certain quota of government jobs reserved for them.

Family support is very much needed for the children who experience gender conflict at adolescence. Familial acceptance, along with providing them with education, is the first important step in the process of mainstreaming them. Education plays a very important role in the life building of a transgender person, says Sobo Malik, a transgender woman from Pakistan who is a Chartered Accountant and the Administrative Head of Khawaja Sira Society.

They face stigma and discrimination from a very early age, especially during teenage in the school. That is where they often get kicked off from the system or drop out from the school because of discriminatory treatment from other students or even from a teacher. Identifying them in schools, providing them free education, and giving them support (including psychosocial support) to continue education to higher levels will go a long way in not only better employment opportunities for them, but also being treated just like any other person.

More concrete and culturally sensitive education has to be developed for the general public about people who are disadvantaged because of their gender identities, gender expressions or sexual orientations. We must ensure proper implementation of the welfare measures, making available to them the schemes by the government or other agencies. And above all increase community awareness to stand up for their rights; for the public healthcare service providers to be more sensitive and aware of the issues; and for activists, civil society and the government to join hands to ensure gender equality and human rights for all.

And as Sister Moriarty had so firmly believed, let our gender identities, gender expressions or sexual orientations, not become the sole criterion of judging our worth as a human being. Discrimination is the anti-thesis of equality, and it is the duty of all right minded citizens to drive away discriminatory practices from all walks of life.

Let us aim for a future in which we all live in a society where all individuals could decide and act freely, regardless of their gender identities, gender expressions and sexual orientations.


* Shobha Shukla wrote this article for e-pao.net
The writer is the award-winning founding Managing Editor of CNS (Citizen News Service) and is a feminist, health and development justice advocate.
She is a former senior Physics faculty of Loreto Convent College and current Coordinator of Asia Pacific Media Network to end TB & tobacco and prevent NCDs (APCAT Media).
Follow her on Twitter @shobha1shukla
This article was webcasted on January 22 2021 .



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Hr Secondary Exam 2024 : Science Topper
  • Violence in Manipur 2023-2024 : Timeline
  • HSE 2024 : Subject Pass Percentage
  • HSE 2024 : District Pass Percentage
  • HSE 2024 : Candidates with Highest Marks
  • Hr Secondary Exam 2024: Science Full Result
  • Hr Secondary Exam 2024: Arts Full Result
  • Hr Secondary Exam 2024: Commerce Result
  • Hr Secondary Exam 2024 : Arts Topper
  • Hr Secondary Exam 2024 : Commerce Topper
  • Sezo Ringa- Debut Music Video "Revival"
  • Journalism - A thrilling career #2
  • After Class XII where? The eternal question
  • Entry of Arvind Kejriwal
  • Birth Centenary of Jananeta Irabat, 1996 : #1
  • Our nurses, our future: Power of care
  • Screenplay Writing course concluded
  • Workshop on IP & Patent Filing held
  • Let there be less Politics in Sports
  • Sam Pitroda is absolutely white
  • Motherhood: Soul & spirit of family & society
  • Time has come to criminalise ecocide
  • Meiteis, a disappearing community in Manipur
  • World Bamboo Congress @Taiwan : Gallery
  • Ima Manipur should smile more
  • 2nd National Lok Adalat at High Court
  • The Power of Poppy - 30 :: Poem
  • Army impact on Tamphasana Wushu odyssey
  • Aftermath of ferocious hailstorm #1 : Gallery
  • "Dynamic library service" :: Book Rvw
  • Radio E-pao: Manipuri Film OST (130+ song)
  • Artificial Intelligence & Environment
  • Article 355 of Constitution of India #2
  • Integrated Farming Systems for farmers #4
  • Delhi's stand after 1 year of clash
  • A new type of terrorism
  • Scientist of Manipur: Waikhom Vishwanath
  • SRF, JRF, RA @ Assam University
  • The Bleeding River :: Poem
  • Executive Meeting of WMC Assam Unit
  • Journalism - A thrilling career #1
  • Raising the call to replace Minister
  • A storm in a political teacup
  • Cheirao-chingkaba @ Chinga : Gallery
  • Happy Mother's Day
  • Empowering hill communities via U-Mangra
  • African Swine Fever
  • Free Training on Mushroom at Nagamapal
  • Harshit Dhingaun recieves award from Korea
  • Look for ways to restore normalcy
  • The danger of last kicks of a dying horse
  • Preserving Thang-Ta traditions
  • Resolving ST issue by democratic process
  • Top 5 songs to awaken your inner patriot
  • Project Assistant @ Manipur University
  • Leishemba Sanajaoba conferred Doctorate
  • Double tragedy: No time for red-tapism
  • A Youtuber called Dhruv
  • Nupi Landa Thaunaphabishing : Full Book
  • 174th Anniv Maharaj Narasingh #2 : Gallery
  • Challenges in Healthcare in rural Manipur
  • A salute to leadership quality of PM Modi
  • Career in press for freedom of expression
  • One day after devastating hailstorm
  • Understanding the suffering of others
  • A ferocious hailstorm @Imphal : Gallery
  • Article 355 of Constitution of India #1
  • Integrated Farming Systems for farmers #3
  • Election gossip & rumours
  • 'Melodic Minds' Tour in Guwahati
  • Leaving a trail of destruction
  • Political see-saw
  • A brand-new Scientific discovery
  • In memoriam of the happiness we shared !
  • Crop/animal for higher productivity in NE #5
  • "ST status for Meetei" at Sekmaijin
  • Oh Motherland :: Poem
  • Animal life should be treated with dignity
  • '365 Days of Chin-Kuki Aggression' : Gallery
  • Renaissance of politics in our youth
  • TB & tobacco co-epidemics in Indonesia
  • The Power of Poppy - 29 :: Poem
  • Advanced Charging Infrastructure in NE
  • Lessons learnt in the last one year
  • True colour of politics
  • World Heritage Day @ MU : Gallery
  • "ST status for Meetei" at Kakwa
  • Joint Combing Operations in Jiribam
  • Reboot PSUs for jobs: Task for new Govt
  • Ayurvedic remedies to keep healthy eyes
  • May 3, 2023 to May 3, 2024
  • One year of crisis, and what next ?
  • Scientist of Manipur: Nongmaithem Rajmuhon
  • Whither social justice & work for women?
  • Taiwan to enhancing economic ties with India
  • Integrated Farming Systems for farmers #2
  • Athoubasingi Numit #2 : Gallery
  • Privilege trap of While Male Meitei
  • Crop/animal for higher productivity in NE #4
  • 'Chizami Model' working in Gujarat ?
  • Racing towards the one year mark
  • On misattribution & falsifying history
  • Nupi Landa Thaunaphabishing #15 :: Book
  • May Calendar for Year 2024 : Tools
  • 12th World Bamboo Congress at Taiwan
  • Complex dance of democracy in Manipur
  • "ST status for Meetei" at Pangaltabi
  • Integrated Farming Systems for farmers #1
  • Showing ugly face of muscle power
  • Spare the rod, spoil the monster
  • Descent of Radha-Krishna #31: Download
  • Socio-Historical analysis on Ethnic Conflict
  • "ST status for Meetei" at Langmeidong
  • Ngangbam Dipapati- Gold @European Cup
  • Crop/animal for higher productivity in NE #3
  • Fresh surge in violence
  • The real culprit
  • National Science Teacher workshop
  • Livelihood Disaster in Mapithel Region
  • Condemns Killing of CRPF Personnel
  • "ST status for Meetei" at Manipur College
  • Huidrom Oliviya: Silver @Cadet European Cup
  • Election: Runner-up may spoil the joy
  • Scientists of Manipur : Laishram Ladu Singh
  • Imphal Ring Road Project to Transform
  • Crop/animal for higher productivity in NE #2
  • The Power of Poppy - 28 :: Poem
  • Condemned unabated illegal taxation
  • Watermelon : Super nutritious summer fruit
  • People have spoken, Manipur has voted
  • Skirting around core issues
  • Lok Sabha polls in Manipur #2 : Gallery
  • The Taj Mahal that bans Lovers !
  • Importance of bees !
  • Massive hailstorm in Jiribam
  • The messiah of hapless children
  • Attack on fuel tankers & blasting bridge
  • Blame it on Meetei
  • The Happiness Code : Download
  • NH-2 Bridge bombed @Sapermeina : Gallery
  • Crop/animal for higher productivity in NE #1
  • Training Programme under SPARK concluded
  • Why environment control is so difficult
  • 4th Foundation Day- Young Minds Collective
  • All set for second phase poll
  • The Nongsaba phenomenon
  • Khongjom Day @Khebaching #1 : Gallery
  • India's responsibility to end Manipur violence
  • Migrant worker could access TB services only
  • Importance of reading magazines as student
  • SHG pioneering agricultural innovation
  • Nearing the one year mark
  • The enemy within
  • Id-ul-Fitr @Hatta #2 : Gallery
  • Workshop @ NSU Manipur : Gallery
  • 15th Manipur State Film Awards 2023
  • "ST status for Meetei" at Panthoibi Shanglen
  • GSDP doubles, health shines
  • Vote has been cast, repoll held
  • Two faces of democracy
  • Laurels for Scientist Ngangkham Nimai
  • Crime against women in Manipur
  • "ST status for Meetei" at Sugnu
  • Creativity & innovation for vibrant career
  • 4th Foundation Day of YMC
  • Racing towards one year mark
  • Prophetic words, indeed
  • Nupi Landa Thaunaphabishing #14 :: Book
  • 174th Anniv Maharaj Narasingh #1 : Gallery
  • Ensuring Fair Voting in Hills of Manipur
  • Dr Irengbam Mohendra's latest book :: Rvw
  • NDA has the advantage in both
  • Lok Sabha polls in Manipur #1 : Gallery
  • L Rup's Robot 'Kangleinganbi' in Manipuri
  • Art- means of connecting hearts in Manipur
  • Is it Living Alive or Living Death ? :: Poem
  • Rabies - A preventable zoonotic disease
  • April 19, 2024: The blackest day of all
  • Ugly turns on voting day
  • Children Camp @JNMDA Imphal #2 : Gallery
  • The chasm between TB & HIV continues
  • Parliament and its Members
  • Kimchi for health and glowing skin
  • LS election with a difference
  • To vote, or not to vote ?
  • Sajibu Cheiraoba Chak Katpa #2 : Gallery
  • "ST status for Meetei" at Lamjao, Kakching
  • The Power of Poppy - 27 :: Poem
  • Mother Language based education essential
  • Modi's warriors wear regional hats
  • Nest Asia promoting Northeastern Cuisine
  • Now look beyond LS poll
  • The rot in the system
  • Scientists of Manipur : Laitonjam Warjeet
  • Community seed bank @Umathel : Gallery
  • 10 candidates cracked Civil Services Exam
  • Milk of Paradise: History of Opium : Rvw
  • How plastics find their way into our bodies
  • Condemning attack on Trucks along NH-37
  • Cong looking to buck the trend
  • Saving Manipur
  • Sajibu Cheiraoba: 1 occasion, 2 narratives #2
  • Election Duty :: Travellog
  • 1st Nagas' Meet in Punjab
  • How to select right MP to represent Manipur
  • "ST status for Meetei" at Tejpur
  • Bats are Keystone species for the Planet
  • The '15 days' conundrum
  • Free but not so fair
  • Descent of Radha-Krishna #30: Download
  • Before You Vote : My Rumbling Thoughts
  • "ST status for Meetei" at Kakching
  • Meiraba wins All India Sr tournament
  • Finding light in dark through my daughter
  • Navigating life's unreasonable expectations
  • Test of people's character
  • BJP's election manifesto
  • Athoubasingi Numit #1 : Gallery
  • Black rice & Glycemic Index
  • What Nadda should speak at Dimapur rally
  • Open Letter to CM Office Manipur
  • Meghalaya unveils Strawberry festival
  • Benefits of maths newspapers for students
  • Id-ul-Fitr @Hatta #1 : Gallery
  • 80th Anniv- Battle of Kanglatongbi @UK
  • Vir Chakra Ngangom Joydutta's bust unveiled
  • Hun - Thadou Cultural Festival : Gallery
  • Scientists of Manipur : Ngangkham Nimai
  • Sajibu Cheiraoba Chak Katpa #1 : Gallery
  • Sajibu Cheiraoba: 1 occasion, 2 narratives #1
  • Nupi Landa Thaunaphabishing #13 :: Book
  • Beating of the Retreat #1 : Gallery
  • Kenedy Khuman (Singer) : Gallery
  • Lamta Thangja @ Imphal : Gallery
  • Students @ Class X Exam : Gallery
  • Shopping List for Shivaratri : Gallery
  • Featured Front Page Photo 2024 #1: Gallery
  • Save Manipur : Protest [Feb 15] #3 : Gallery
  • GHOST of PEACE :: Download Booklet
  • List of Kings of Manipur: 33 - 1984 AD