Ethics Theory, TLP-UPSC Mains Answer Writing
Q. 5. “Despite the legal recognition of transgender persons, meaningful empowerment in social, economic, and political spheres remains elusive. Examine the barriers faced by the transgender community in India and suggest ways to ensure inclusive development.” (250 words, 15 marks)
Introduction
As per the 2011 Census, 4.88 lakh individuals in India identified as transgender, but experts estimate the actual number to exceed 25 lakh (NHRC, 2023). Despite the Transgender Persons (Protection of Rights) Act, 2019, systemic exclusion continues to hinder their empowerment.
Body
Key Features of the Transgender Persons (Protection of Rights) Act, 2019
Right to self-perceived identity – Legal recognition of transgender identity via self identification.
Prohibition of discrimination – Protection from discrimination in education, employment, healthcare, etc.
Welfare and rehabilitation – Mandates government schemes for education, livelihood, and support.
Access to healthcare – Ensures healthcare access, including SRS and HIV centres.
National Council formation – Sets up a statutory body for monitoring and advising on trans rights.
Persistent Barriers to Transgender Empowerment
- Social Discrimination and Stigma: Despite legal protection, trans persons face ostracisation, violence, and prejudice in families and communities. Example: NHRC (2023) found 92% trans persons faced public humiliation or job denial.
- Exclusion from Education and Employment: Dropout rates are high; job opportunities remain limited due to workplace bias. Example: Ministry of Social Justice (2023) noted over 70% trans persons lack formal employment.
- Health and Housing Insecurity: Gender-affirming healthcare, mental health support, and housing access are often absent. Example: NALSA reports (2022-23) indicate over 50% of trans persons live in insecure housing.
- Lack of Political Representation and Legal Gaps: Trans persons lack meaningful political presence; law enforcement is weak.
- Limited Awareness of Legal Rights: Many trans individuals are unaware of the provisions under the 2019 Act. Example: Transgender Welfare Board (2023) highlighted that fewer than 20% of trans persons had accessed welfare schemes.
- Documentation Challenges: Obtaining gender-appropriate documents remains complex and bureaucratic. Example: As per SMILE scheme implementation review (2023), only 16% trans applicants successfully updated all official IDs.
- Intersectional Discrimination: Trans persons with disabilities, or from Dalit and Adivasi communities, face compounded marginalisation. Example: A 2023 study by TISS found such groups face multiple exclusions, even within marginalised communities.
Measures to Ensure Inclusive Development
- Inclusive Education and Skill Development: Promote gender sensitisation in schools and expand vocational training for trans youth. Example: SMILE scheme includes education and rehabilitation for trans persons.
- Affirmative Action and Employment Quotas: Introduce reservations and incentivise private sector hiring. Example: Tamil Nadu offers job quotas for trans persons in public service.
- Comprehensive Healthcare Access: Ensure insurance coverage, trained staff, and dedicated clinics for trans persons. Example: Ayushman Bharat now covers gender affirmation procedures.
- Political Empowerment and Representation: Reserve seats or ensure active political inclusion and leadership training. Example: Kochi elected a trans mayor; others have contested state polls.
- Ease of Documentation and Legal Aid: Simplify gender ID processes and provide legal support for discrimination cases. Recommendation: Link gender ID change to Aadhaar with fewer verification hurdles.
- Community-Led Policy Engagement: Engage trans collectives in designing welfare schemes and monitoring implementation.
Recommendation: Involve grassroots groups like Sangama or Humsafar Trust in policymaking.
Conclusion
As the UNDP notes, inclusive development is impossible without addressing the marginalisation of gender minorities through sustained, intersectional, and community-led efforts. Therefore, uplifting the Trasgender population is the need of the hour.
