Payal Gwalani,TNN | Apr 16, 2015, 03.43 PM IST
NAGPUR: It has been exactly a year since the Supreme Court gave the third gender identity to those who were previously only known as hijras and transgenders. A lot has happened over the last few months to give the community members a chance to do things they had not done ever before. However, several of the measures suggested by the court still remain on paper, even as social stigma and discrimination continue to haunt those belonging to the third gender.
The court had said the third gender was to be identified as other backward classes and the associated benefits should be extended to them. The central and state governments were also asked to devise social welfare schemes for the community. On Wednesday, NGO Sarathi Trust and Bharatiya Kinner Sarva Samaja Seva Samiti marked the one-year of the landmark judgment by observing Kinner Day. A massive rally with more than 500 participants was taken out on the occasion.
"Some good things have happened after last year's judgment. RTM Nagpur University now allows students who identify themselves as belonging to the third gender in its colleges and departments. We have also been able to get several official documents like Aadhaar and voting cards in place. Many of us could participate in the state assembly elections in October," recounted Uttam Baba Senapati, president of Kinner Sarva Samaja Seva Samiti. She believes the community must be given political reservation like women so that their issues reach the policymakers and are properly addressed.
Transgender Vidya Kamble believes that despite all the assurances and provisions, individuals need to work towards getting the rights accorded to them by the law. "The university and colleges may be okay with us enrolling, however, most transgenders and hijras would be too embarrassed to face the reaction of their fellow students and teachers. When we go to any public place, even a bank, people will do anything to shoo us away. At times, they give us money as they only associate us with approaching people for money. This belief among people needs to change and society needs to become more sensitive towards us. If they can't treat and see us as people, how can they see us as citizen," she asked.
"Implementation of all the directives of Supreme Court has not happened and some have been implemented in a broken, segmented manner. The third gender option, for example, does not appear in all official forms. We have been given the right to adopt a child and get married but the general public is not aware of it. If we walk into an adoption agency or a registrar's office with such a demand, we would be driven away," said Amruta Soni, a Chhattisgarh-based advocacy officer for People Living with HIV (PLHIV). She also pointed out that the level of health access for community was especially bad and needed to be dealt with urgently.
Senapati concluded by saying, "We wouldn't be required to fight the day parents accept their third gender children instead of driving them away."
A quest for equality for the marginalized
The supreme court mandate:
All major documents to have the third gender option with the idea of bringing members of the community into mainstream
Recognition of third gender as other backward classes and provision of the associated educational and employment opportunities
Central and state governments were asked to devise social welfare schemes for members of the third gender and take care of their medical requirements
Government was asked to run public awareness campaigns aimed at removal of social stigma and discrimination against hijras and transgenders
Separate facilities for third gender in public toilets, hospitals and other such places
Some positive outcomes:
Nagpur University has allowed third gender students to enroll in affiliated colleges
Aadhaar, voting cards issued to transgenders
Things that need to be done:
Better health access
Political reservation
Dispelling social stigma and being more sensitive to the needs of third gender
