The state of Transgender People in India

The Central Government has informed the Kerala High Court that currently, transgender persons are not legally allowed to enter the National Cadet Corps and the armed forces. The Government also stated that it is their prerogative to create a new division for the third gender. In light of this statement, let us look at the rights afforded to transgender people under the law.

In India, the Transgender Persons (Protection of Rights) Act, 2019 protects the rights of transgender persons and provides for their welfare.

A transgender person is any person whose gender does not match with the gender assigned to that person at birth. This includes:

  • A trans-man or trans-woman
  • A person with intersex variations
  • Any genderqueer person
  • People having socio-cultural identities such as kinner, hijra, aravani, jogta, etc.

Educational institutions which are funded or recognised by the government must provide inclusive education and opportunities to transgender people under the law. These educational institutions are not allowed to discriminate against transgender people and have to treat them on an equal basis with other people.

No establishment should discriminate against any transgender person in matters relating to employment, including recruitment, promotion, etc. This applies to establishments including government bodies, companies, firms, cooperatives, associations, agencies, and other institutions. 

Further, no person or establishment can discriminate against transgender people by denying them healthcare services. Transgender people cannot be denied access to goods, accommodation, benefits, opportunities, etc. that are available to the public. Moreover, no one can deny a transgender person’s right of movement and right to occupy or purchase any property.

A transgender person has the right to be recognised as such a person, and has a right to self-perceived gender identity. Any transgender person can apply to the District Magistrate for issuing a certificate of identity as a transgender person. In the case of a minor child, the application should be made by the parent or guardian of the child.

  • Transgenders do not enjoy a legal recognition in India like most of the Asian counterparts.
  • However, some states like Tamil Nadu, Kerala and Odisha recognise transgenders as the third gender.
  • The Transgender Persons (Protection of Rights) Bill, 2016, intended towards the protection of transgenders is yet to be passed.
  • The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male.  In addition, the person’s gender must not match the gender assigned at birth.
  • The bill includes trans-men, trans-women, persons with intersex variations and gender-queers.

The law punishes anyone who:

  • Forces or convinces a transgender person to get involved in forced or bonded labour.
  • Obstructs a transgender person from having access to a public place to which other people have access.
  • Forces or causes a transgender person to leave a household, village, or other place of residence.
  • Injures or endangers the life, safety, health, or well-being of a transgender person.

The punishment for doing any of these acts is imprisonment of six months to two years, along with a fine.

More about Demisexuality

In today’s world where dating is complicated and sex is seen as a necessity, there exists a section of people who don’t feel sexually attracted to a person unless you form an emotional connection to them. These people require having a meaningful attachment with a person before wanting to take things any further with them. If this sounds familiar to your perspective towards sex, relationship, and emotions, then chances are you ‘demisexual.

The true meaning of ‘demisexuality’ can be defined as ‘A sexual orientation in which someone feels sexual attraction only to people with whom they have an emotional bond.’ The term comes from the asexuality spectrum. However, this doesn’t mean a demisexual doesn’t aspire for sex. In fact, every demisexual experiences sexual desires.

We understand this can be a little confusing. After all, we only read about sexual and asexual in our biology textbooks, isn’t it? If you are still not sure, demisexuality is for real. To understand better, we suggest you lookout for the following signs of a demisexual.

  1. Sleeping together with someone entices you more than having sex: Sex isn’t the most important factor for any demisexual. The idea of sleeping (and spending more time) with your beloved is more peaceful than the act of making love.
  2. You like to befriend people before dating: Did you and your partner started off as friends? As a demisexual, you have to be friends first before dating someone. This gives them the time to know each other. However, when it comes to friendship, if a demisexual says,” We are just friends.” They mean it!
  3. Personality plays a vital role overlooks: A demisexual doesn’t get turn on by looks; they thrive for deeper connection in people. A good personality is sexy for them.
  4. One night stands or casual sex is not your cup of tea: Casual sex, a one-night stand or even kissing strangers is pretty much a no-go for a demisexual.
  1. You just don’t feel like being intimate or having sex at all- If you show these signs, you might simply be asexual.
  2. You stay away from intimacy for religious purposes or societal pressure- It is very common to feel ashamed of having sex before marriage in some communities but this doesn’t make you demisexual.
  3. Personal choice- If you want to stay away from any kind of personal contact for personal reasons, you don’t fall under this category either.
  4. you are afraid of sex- If you have a psychology of being afraid or ashamed of having sex for various reasons, you are not demisexual.
  5. You don’t feel attracted to the opposite gender in any way- You might be gay ,lesbian or simply asexual if you don’t feel attracted to the opposite gender, but not demisexual.

Sexuality is more of a spectrum than a definition and hence, we should embrace it rather than trying to label it or fit a certain sexuality all the time.

June # The Pride Month

June is declared as the Pride Month to celebrate and create awareness about the LGBTQ+ Community. LGBTQ stands for Lesbian, Gay, Bisexual, Transgender and Queer. The Rainbow flag is LGBTQ Pride Flag, the colors represent the diversity of the community. The flag has been redesigned this year to include intersex people to the movement which was led by Valentine Vecchietti of Intersex Equality Rights UK.

The whole Pride month will be organized with various events, activities and initiatives to make people proud of themselves for what they are and shout out to the society with pride for their rights and show to the society the changes that have happened so far and those yet to happen.

Origin:

The Pride Month is celebrated now because of the riot that happened in the past. ‘The Stonewall Uprising’ took place in New York on 28th June, 1969. American Constitution had laws banning homosexuality back then, the New York police often raided Queer bars and clubs and harassed Queer community people. Stonewall Inn was one of the most famous bar that allowed people to be themselves, it was raided frequently too but on that particular day the queer people did not take the slap and fought back which has brought changes in the world for better. The year after the riot, 1st Official Pride Parade took place on the Anniversary of the Stonewall Riots, with Christopher Street Liberation Day and the Parade is continued every year as a Tradition till date.

In INDIA:

Kolkata’s Pride march on 2nd July 1999 is the first ever march that was organized in India and it was called ‘The Kolkata Rainbow Pride Walk’. There were only about 15 participants in the event. The year 2018 was the joyous year for the pride parade as the article 377 was shattered down and the LGBTQ+ community all over the country marched as freer citizens that year. After removal of the article many came out of their closet and opened up. India is still more conservative and the discrimination against LGBT community is prevailing. This situation could be changed by educating in schools, colleges and creating more awareness in the society and making people understand about the community.

Everyone should take pride in supporting, spreading love and knowledge about the LGBTQ+ People.