There were two bills passed by both houses of Parliament for protecting minorities in November last week of this session, one was on protecting the rights of religious persecuting minorities from neighbouring three countries of India (Citizen Amendment Bill) and another one is protecting the rights of sexual minorities in India (Transgender Persons Protection of Rights Bill). Both the denominations were Marginalised and even Persecuted since long. The first one was since the Independence and the second one since colonial discipline. Due to the protest of the first bill misinterpreted for the political reason by urban Naxals and few opposition parties, the importance of the second bill of the marginalised sexual minority were not discussed much. Since those minorities were the real minorities and not a vote bank. Even though there are many limitations for the bill the Government should be congratulated for the initiative to protect the rights of such minorities.
But a bill is not enough to accommodate the feelings and protect the rights of a marginalised denomination for more than five centuries from the time of Mughal regime till today. The Transgender Persons (Protection of Rights) Bill,2019 was introduced in the Lok Sabha and passed on Aug 5, 2019. The Rajya Sabha on November 26, 2019, passed the same bill.
In Bharathiya concepts Trans genders had divine status. In all the Hindu epic works of literature such as Puranas, Mahabharatha, Ramayana etc.. Trans genders had a Queer status. In Jain and Budhha religious works of literature also the status remains the same as Hindu concepts. From the Hindu mythology the creation onwards, the Transgenders were there. So in Bharathiya concepts always, there were three genders. During the Mughal period, they were treated as loyal servants and bodyguards. Forced sterilisation and mutualisation of the sexual organs and transforming as Trans men were during Mughal regime.
They were totally discriminated by the British administration in India. British time was the black days for transgenders in India because their civil rights were dismissed. In 1871, the colonial power introduced the Criminal Tribes Act (CTC). It required registration and control of eunuchs. There was a blanket suspicion of kidnapping, castration and sodomy. Under the CTC, wearing female clothing was a punishable offence for men. According to this law, “any eunuch … who appears, dressed or ornamented like a woman, in a public street or place, or in any other place, with the intention of being seen from a public street or place, or who dances or plays music, or takes part in any public exhibition” could be sentenced to up to two years of imprisonment plus a fine. Moreover, the CTC criminalised “all persons of the male sex who admit themselves or on medical inspection clearly appear to be impotent”. British described transgenders as crossdressers, beggars and unnatural prostitutes. The officials began considering them as “ungovernable” and portrayed as people who were “addicted to sex with men”. Thus Colonial law deprived the transgender’s primary source of income and any kind of rights. It pushed them further into poverty and social exclusion. After Independence, the same situation continues and the society put them in a category who are doing prostitution, kidnapping and castrating young boys. The truth is that due to rejections from society and home they end their life doing begging and prostitution.
Total Population of the Trans (Self-declared) is 4.8 Lacks, but the actual numbers will be five times or more. The reason is once declare as a trans men or a women initially family is not ready to accept the fact. Once accept the fact, the family rejects the person, society also rejects the person who rejected by the family. Due to this fear, they hesitate to declare as a transgender. Even after giving the birth of two kids mother turned to Trans men. Such biological and Hormone changes can happen to anyone any time. Keeping the family pride used to keep it as confidence. But they have all the feelings like other two genders, like they wish to continue the marital family life, and protect their parents.
To declare self as a Transgender, they need the protection of their rights legally but sustain in the society they need a strong economic background and backup, which could be fulfilled by reservation in employment, and with welfare schemes. When Anglo Indian nomination to lower hose stopped by the Central government, it can be given to transgender representative through nomination, which could help the marginalised minorities voice to be raised at Loksabha, and among lawmakers. Now many of the private companies were employing the transgenders as a policy. Widely they are working in the insurance area, software, BPO and hotel industry. But they are also capable to do even physically tough jobs in construction and infrastructure industries.
Government needs to implement a small percentage of reservation for trans for the govt jobs, also need to encourage private companies to engage them. The salary paying to trans can be considered as CSR utilisation. Also helping the trans to undergo the medical transcription though operation needs to be an exception or consider as CSR for corporates. Which helps the trans to get into private jobs, and corporates could use CSR on Merit. Education reservation is very much important to uplift them to the mainstream. Central and state government should do the awareness campaigns through Medias on the trans “one among us”. In the bill denotes the trans need to appear in front of a medical panel to certify as trans. There was a lot of opposition on that proposal, but a panel with doctors and physiologist need to be in the panel, to medical test and certification cannot be avoided to avoid the eligible to be excluded. There should be statutory commission in the model of women commission to be formed, and the provision is already in the Bill.
Still the “Ungovernable” of the British is an issue, for example, if they involve in any crimes which law will be applicable to them? (There are gender-related laws). In which jail they will be sent? These are the questions raised. Now Police who handle the Law and order, the criminals in these genders are a problem. Effective law should be made or added to the existing to manage these sexual minorities. Under the social justice ministry, a multi-disciplinary study needs to be conducted on the transgender issues which include biological, historical, geographical and legal areas to be covered. Considering to make a board on this considering the trans representative and subjects expert also helps to bring the third gender to that queer status of Hindu concepts.
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