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
  • Konung Kang Chingba #1 : Gallery
  • Violence in Manipur 2023-2025 : Timeline
  • Manipur Iskcon's 25th Ratha Yatra 2025
  • Native Threshing machine made for farmers
  • COVID-19: Update 04 July 2025 : Manipur
  • Riso Ejang: Youth-led Transformation
  • Include males too in addressing HPV
  • Whispers from the past :: Poem
  • LPU opens permanent outreach centre
  • Raj Bhavan moving on the right track
  • Speculations over PM Modi's visit to state
  • Colonial Knowledge Production in NE #7
  • Make Yourself Visible to Opportunity
  • Orange bowl: tradition with ecological wisdom
  • 10 ways to keep a kitchen garden disease free
  • Between PR, military mandates & AFSPA
  • Allocation fund for MLALAD Fund during PR
  • Denounces Killing of KNA Deputy C-in-C
  • COVID-19: Update 03 July 2025 : Manipur
  • Cases of fake Aadhaar cards
  • Sincere dealing must for stricter Aadhaar
  • Archaeology: Culture of Manipur : Booklet
  • Wanna be a singer? Get Botox
  • A Central institute in Manipur
  • Nagging in the name of love
  • COVID-19: Update 02 July 2025 : Manipur
  • 'Benefits' of Indira's Emergency
  • Social Stigma :: Poem
  • Inking a peace pact: Why, how: SoO quagmire
  • Van Mahotsav under shadow of declining forest
  • 11th Th Kishan Memorial Lecture : Gallery
  • Shinthoibi, Jangvei, Tamphaton : eMing
  • Manipur crisis & the Left media's blind spot
  • COVID-19: Update 01 July 2025 : Manipur
  • Bombom RK : Musclemania Universe NYC
  • The Grief :: Poem
  • Music Concert & Quiz (MCQ) 2.0
  • SoO agreement unlikely to be scrapped
  • Regulating use of plastic carry bags
  • Mera Houchongba @Kangla #4 : Gallery
  • International Day of Yoga @JNMDA : Gallery
  • BD Behring: The inimitable Gentleman I knew
  • Violence in the name of patriotism : Misguided
  • Daily oral vs long-acting injectable for HIV
  • COVID-19: Update 30 June 2025 : Manipur
  • Smile :: Poem
  • Why was President's Rule imposed ?
  • BJP under pressure to forge unity
  • Kang @Leikai in Imphal : Gallery
  • July Calendar for Year 2025 : Tools
  • COVID-19 : A recurring crisis in Manipur
  • DC Kaith and Forestry in Manipur : Book
  • COVID-19: Update 29 June 2025 : Manipur
  • Longing for Peace :: Poem
  • Black badge, slogan protest by peeved scribes
  • Present the true picture before Delhi
  • Pung-Cholom @ Polo Tournament : Gallery
  • Life: A Journey Through Thought & Being
  • Khongjai Hills & Kuki claim to indigeneity
  • Master Time by Managing Information
  • COVID-19: Update 28 June 2025 : Manipur
  • Pride & patriotism in CCpur's army families
  • The Power of Poppy - 87 :: Poem
  • World Decarbonisation Day: green environment
  • Welcome Home - Nganthoi #2 : Gallery
  • Loss of two precious lives from Manipur
  • Balancing civil liberties with public safety
  • COVID-19: Update 27 June 2025 : Manipur
  • Gender equality & human rights are indivisible
  • Stay hydrated this summer season
  • Silent Half of the Sun :: Poem
  • Connecting the dots in the wishlist
  • Assembly record tampering claims by ex-CM
  • The immortal legacy of Pukhramba Kajao
  • International Day against Drug Abuse 2025
  • COVID-19: Update 26 June 2025 : Manipur
  • Black pottery from Ukhrul - tribal heritage
  • Program on "Mission-Drug Free Campus"
  • Play makes a better world
  • Urgent Appeal to the Honourable MLAs
  • Tribal Empowerment Campaign at CCpur
  • Talk doing the round: PM to come
  • 'Emergency' relief for under-fire BJP
  • Golden Jubilee Art Fair @Imphal : Gallery
  • Declaration: Meetei People Convention, Delhi
  • A Flower Among the Rocks :: Review
  • Book Donation Campaign
  • Improved road connectivity boosts livelihoods
  • To Have Great Dreams :: Poem
  • COVID-19: Update 25 June 2025 : Manipur
  • Regret vs Sorry: Technical & moral insight
  • Cocktail of inept Govt, selfish people
  • State trailing others in cleanliness
  • Colonial Knowledge in NE India #6
  • UHI effect & rising temperatures in Manipur
  • Frequent road blockades cripple economy
  • COVID-19: Update 24 June 2025 : Manipur
  • Unite Health with Community health services
  • NSU, Imphal, tops IIRF Ranking 2025
  • Endless conflict :: Poem
  • Pak nobel pish prize for Trump
  • May 3, 2023 - June 24, 2025: Failure of Delhi
  • Hotter days, sudden rainfall no more a rarity
  • "The Great June Uprising" #2 : Gallery
  • How to Build a Career, Lead with Purpose
  • 2nd Foundation Day- Karnataka Meitei Assn
  • COVID-19: Update 23 June 2025 : Manipur
  • NSCN-IM Amnesty threatens to isolate it
  • Sunset :: Poem
  • Intl Yoga Day for a healthier environment
  • Of clogged drains and plastics
  • Poor roads testify Govt indifference
  • Welcome Home - Nganthoi #1 : Gallery
  • The Silent Erosion of Manipuri Language
  • Design health services around people
  • Serene Hills Host Inspiring Int'l Yoga Day
  • COVID-19: Update 22 June 2025 : Manipur
  • Chopper services between Senapati & Imphal
  • High Court Judges interacted with convicts
  • Redyeing the Fabric :: Poem
  • Differences yet to be resolved stand
  • Border fencing rage as solution eludes
  • Radio E-pao: 14 new songs updated
  • Climate Adaptive Agroforestry
  • Manipur overlooked demographic shifts
  • Young designers shine on Fashion Stage
  • COVID-19: Update 21 June 2025 : Manipur
  • International Day of Yoga at Lamphelpat
  • International Day of Yoga at JNMDA
  • The Power of Poppy - 86 :: Poem
  • Keishampat Lairembi Haraoba #1 : Gallery
  • Crisis in Manipur's Contemporary Education
  • Best 8 Performances in Manipuri Cinema
  • Identity: Caught between China & India ?
  • COVID-19: Update 20 June 2025 : Manipur
  • To The Father Who Listens :: Poem
  • How does net suspension affect youths ?
  • Targeting farmers to cripple state's economy
  • The virus is back and spreading
  • Who is afraid of Manipur ?
  • A threatened lily growing at Shirui Hills
  • World Environment Day in Manipur : Gallery
  • Ambubachi Mela at Maa Kamakhya
  • COVID-19: Update 19 June 2025 : Manipur
  • Dolls made from repurposed vegetable refuse
  • Condemns Attack on Farmer & Killing
  • Abhorrent politics of SoO
  • Police arrogance on harmless drivers
  • "The Great June Uprising" #1 : Gallery
  • Solution from Buddhist & Jain perspectives
  • AI sparks employment concerns in Manipur
  • Greatest Foe :: Poem
  • Chief Justice at Relief Camp, Kangpokpi
  • Call for Recognition of a 3rd Category of IDPs
  • Jun 18, 2001- May 3, 2023: Seed of violence
  • Contract scam in hill districts
  • Colonial Knowledge in NE India #5
  • Spaced Out - Panthung Di Kadaaida! : Rvw
  • Condemns the Killing of Abdul Qadir
  • COVID-19: Update 17 June 2025 : Manipur
  • Thoubal aspirant makes Manipur proud
  • Tamenglong hospital brings quality healthcare
  • Chief Justice at Relief Camp, Mayang Imphal
  • Kuki CM & Sixth Schedule
  • Selective protests, selective silence
  • Nailing the culprits need of the hour
  • UK Meetei diaspora run for Myanmar : Gallery
  • Erwin Khundrakpam : NEET-UG 2025 topper
  • Will we rise to #endAIDS challenge or stumble
  • COVID-19: Update 16 June 2025 : Manipur
  • Appeal to Prime Minister: Manipur Crisis
  • Urges Action on Misinformation
  • Condolences : 2 young cabin crew
  • Grateful To Be Alive :: Poem
  • Making bonfire on the roads
  • Aggression yet again, inspite of playing victim
  • Aftermath of flooding @ Khurai #2 : Gallery
  • Zomia, geopolitics, & the struggle for unity
  • COVID-19: Update 15 June 2025 : Manipur
  • Condolences : Demise of 2 Manipuri Girls
  • Manipur unites in grief after Air India tragedy
  • Hail arms recovery as step toward peace
  • Cleanliness Drive at JNIMS Campus
  • Global Wind Day for a clean environment
  • First came the rain, then the heat
  • Rise in Covid-19 cases
  • Thang-Ta Day @Khuman Lampak #3 : Gallery
  • Meetei diaspora in UK runs for Myanmar victim
  • Manipur empower children with disabilities
  • COVID-19: Update 14 June 2025 : Manipur
  • World Blood Donor Day 2025
  • The Power of Poppy - 85 :: Poem
  • A Northeast Gin Makes Its Mark
  • Mera Houchongba @Kangla #3 : Gallery
  • Saluting Nganthoi, Lamnunthem : Joining hand
  • Condolence : Nganthoi & Lamnunthem
  • 50 years of Pebet #2 : Gallery
  • Indo-Naga Talks (From 2012) :: Timeline
  • Colonial Knowledge in NE India #4
  • Namphake Monastery @ Dibrugarh : Gallery
  • Protest @Checkon -AT arrest [Jun 9] : Gallery
  • Protests - AT arrest [Jun 8 night] : Gallery
  • Aftermath of flooding @ Khurai #1 : Gallery
  • /li>
  • Flooding at JNIMS Hospital #2 : Gallery
  • North East NSS Festival @ MU : Gallery
  • 27th Meira Paibi Numit : Gallery
  • Trump's tariff legacy & its global echo
  • Flooding at JNIMS Hospital #1 : Gallery
  • Flooding Imphal East [31 May] #3 : Gallery
  • Flooding Imphal East [31 May] #2 : Gallery
  • Flooding Imphal East [31 May] #1 : Gallery
  • S Nirupama @Miss Universe : Gallery
  • Protesters to Raj Bhavan [May 25]: Gallery
  • Human Chain @Airport road [May 26]: Gallery
  • Miss Shirui Pageant Contestant: Gallery
  • 48 hrs Bandh: protest security forces: Gallery
  • Protest Rally: Journalist harassment: Gallery
  • HSLC 2025: Full Result (Check Roll No)
  • HSLC 2025: Important Info & Grading System
  • HSLC 2025 : Compartmental candidates
  • HSLC 2025 : Comparative Statement
  • HSLC 2025 : Statistical Abstract
  • HSLC 2025 : District Pass Percentage
  • HSLC 2025 : Govt School Pass %
  • HSLC 2025 : Aided School Pass %
  • HSLC 2025 : Private School Pass %
  • People's Convention on 3rd May #2 : Gallery
  • Featured Front Page Photo 2025 #2: Gallery
  • Riya Khwairakpam : HSE Science Topper
  • Keisham Hannah : HSE Arts Topper
  • Warepam Lidia : HSE Commerce Topper
  • HSE 2025 Result : Science Full Result
  • HSE 2025 Result : Arts Full Result
  • HSE 2025 Result : Commerce Full Result
  • HSE 2025 Information / Abbreviation
  • HSE 2025 Topper : Science
  • HSE 2025 Topper : Arts
  • HSE 2025 Topper : Commerce
  • HSE 2025 : Pass Percentage
  • HSE 2025 : Result Abstract
  • HSE 2025 : Candidates with Highest Marks
  • Ougri Lirol :: Part 1 : Ooba Video
  • President's Rule in Manipur : 1967 - 2025
  • Downloadable Manipuri Calendar :: 2025