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

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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.

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