Listening to the Unheard Voices of the Transgender Community

Human rights are rights owned by all human beings due to the fact that they are human beings. According to the Indian Constitution, all citizens have the rights of equality, liberty, dignity, and freedom regardless of their caste, religion, gender, or social status. Despite being protected under the Constitution and progressive judicial interpretation, the trans community in India is still discriminated against, socially isolated, and stigmatised in daily life. Their voices are frequently not heard, their struggles never seen, and their dignity continually assailed. Transgender are part of Indian society from ages immemorial. Gender diversity was recognized and people outside the male-female dichotomy in ancient Indian scriptures, mythology, and cultural traditions. However, with the passage of time, social attitudes started changing, and in a few years, transgender people turned out to be one of the most marginalized groups in the nation. Many trans people do not receive equal opportunities in education, employment, and healthcare, or in housing, due to being trans person. A trans person still today is not offered equal opportunities in education, employment, and healthcare, and certainly not in housing, simply for being a transgender person.

Constitutional Safeguards

The Constitution of India alone is a strong document to safeguard the freedom of all individuals, especially the transgender community. The term “person” is included in Article 14 of the Bill of Rights, which states that everyone is entitled to equality before the law and equal protection of the law. The catch-all nature of the word “person” in Article 14 allows for the protection of people of all gender identities. Trans gendering of such order would clearly ‘deny equality to transgender persons’, thus directly contradicting the spirit of justice and equality in a constitution. No discrimination on religion, race, caste, sex, and birth on account of any of these is allowed under Article 15. The Supreme Court has incorporated gender identity into the definition of “sex. Consequently, it is a violation of Article 15 if a school, the workplace, hospital or public space discriminates against transgender persons. Likewise, Article 16 assures equality of opportunity in public services. However, even though large number of transsexual’s still continue to deal with rejection during recruitment procedures due to social prejudice and stereotypes.

Judicial Landmarks

Article 19(1)(a) enshrines the right to freedom of speech and expression to include the right to express one’s gender identity by way of one’s appearance, dress, or behaviour. Living in accordance with one’s own self – defined gender is a fundamental component of the freedom of an individual. The judiciary has interpreted the right to life and personal liberty under the right to life in part 21 into people’s right to live with dignity, privacy, autonomy, and self-respect. Dignity for transgender individuals is not only a legal certainty but a very real fight for recognition and acceptance lived on a day-to-day basis. One of the most pivotal judgment which took shape regarding transgender rights is National Legal Services Authority versus Union of India, also referred to as the NALSA Judgment. In this historic judgment, the Supreme Court declared transgender individuals as a “third gender” and affirmed their fundamental rights mentioned in the Constitution 14, 15, 16, 19, and 21.

The Court observed:

“Recognition of one’s gender identity lies at the heart of the fundamental right to dignity.”

Judgment, again, reinforced the fact that gender identity is a part of personality and self-expression. It also ordered the government to consider transgender people as socially and educationally backward classes, making reservations for them in education and employment, as well as to provide healthcare and welfare facilities. In Navtej Singh Johar v. Union of India, the Supreme Court had declared consensual same-sex relationships as unconstitutional with clear condemnations of the constitutional morality, dignity, equality, and privacy subverted by such an action. The Court explained society cannot control a person’s identity or personal decisions. This ruling was another attack on transgender people and expanded the rights of the LGBTQ community.

The 2019 Act

To address these judicial decisions, the Transgender Persons (Protection of Rights) Act, 2019 was passed by Parliament. The Act bans transgender discrimination in access to education, employment, healthcare, housing, public service, and access to opportunities. It aims to give transgender people welfare and legal recognition. But, even though it is officially recognized, legal reality tells us there are still significant challenges.

Ground Realities

In the field interaction with the transgender community members, conducted by NGO “Seva NGO Welfare Community” in Odisha, several harsh facts were uncovered that highlighted differences between the promises stated in the constitution and the situation in the society. A number of participants reported being rejected by family members, experiencing verbal abuse, social humiliation, and the denial of opportunities. Others described their involuntary leaving because their families could not accept who they are due to their gender identity. The major problem brought to light during the field work was the absence of adequate housing facilities. A number of transgender people reported that they are denied housing due to prejudice and a fear of social criticism by landlords. Consequently, they have to endure poor conditions with a lack of sanitation and security.

Healthcare and Jobs

Accessibility in the healthcare sector was also a significant worry. Some participants described that they do not go to hospitals due to insensitivity and discrimination. But many health professionals are unaware of trans issues, which leads to fear and discomfort of patients who are transgender. During interactions, a mental health theme surfaced as well, related to depression, anxiety, loneliness, and trauma. Another bigger issue within this context was the instances of employment discrimination. Even highly educated and skilful transgender others are not getting work in spite of failing to get jobs from employers. Educated and skilful transgender individuals also do not obtain jobs as employers have been unwilling to hire them. Society frequently associates transgender persons with stereotypes instead of recognising their abilities and talents. This economic exclusion includes many into poverty and social vulnerability.

Education Struggles

Educational exclusion is also a reality that continues to be harsh. Some transgender individuals discussed the experiences they had at school and college when they were bullied and harassed until they dropped out of school. Places that say they’re going to make people feel good about themselves turn into places where transgender students feel bad. In the midst of all these struggles, several things were reemphasized during the field interactions:

We are also flesh and blood; we deserve respect as well.”

These words were not of anger, but of sorrow for not being accepted and a feeling of pain. This is not an attempt to obtain special privileges or sympathy from the transgender community. They are only demanding equal rights, dignity, and the right to life without fear or ridicule.

Beyond the Law

One thing is clear and unarguable that the transgender issue is not a matter of law alone, it’s a question of humanity and constitutional morality. Without changing people’s attitudes, no law can bring about a change in society. The values of the Constitution should not just be established in courtrooms and legal proceedings but in the ways people behave daily as members of society.
Educational institutions need to raise awareness and ensure a safe place for transgender students. Employers should have anti-discrimination policies and ensure equal opportunity. Healthcare systems need to be sensitized in order to ensure respectful and inclusive care for healthcare providers. The media also has the responsibility to show actual Transgender people as real human beings and not quotes of stereotyping them. Transgender voices have been represented, and transgender equality has been advocated by civil society and NGOs. Various organizations are working towards the establishment of an inclusive society through awareness programs, health care services, legal representation, and education. The real magic of a democracy lies not in its laws, but in safeguarding every individual’s dignity. It’s hard for a society to say that it’s equal if it ignores a community. Empathy, awareness, and humanity are essential to listening to the “unheard” voices of the transgender community. Their plights highlight the disparity between ideals of the constitution and society, and their strength demonstrates extraordinary courage.

There is no freedom for anyone who would claim freedom until the Negro is granted his citizenship rights. — Maya Angelou

The trans community is not looking for pity or for charity. They aspire for equality, dignity, liberty, and justice, which the Constitution of India has ensured, and every citizen is entitled to have. Only when each person, irrespective of their gender identity, is treated with kindness and respect and accepted by the people without getting hurt, can a truly inclusive India be built.