The difference between Sex and Gender has become more obscure
By: Sermirlong Rongphar
A gendered society is one which gives privilege to one gender or sex over the other. But what do you mean by ‘gender’ and how is it different from ‘sex’? Well, gender is a social and cultural construct which suggests certain norms and roles that a person belonging to a particular gender is expected to follow in a society. Sex, on the other hand, is a natural phenomenon, expressed by the physical attributes a person is born with.
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Now that we are aware of the difference between the two, a little brief on their historical perspective could be warranted. Simone de Beauvoir and Betty Friedan are considered to be the Mothers of Radical Feminism. In her book ‘The Second Sex’, Beauvoir mentions that “one is not born a woman, one becomes a woman.” This perspective was based on Jean-Paul Sartre’s concept of ‘Existence is prior to essence.’
In a similar vein, one is not born a transgender; one becomes a transgender over time. However, before moving ahead, let us first understand what it means to be a ‘Transgender’.
A lived reality
According to the Transgender Persons (Protection of Rights) Act, 2019 notified by the Ministry of Social Justice and Empowerment, a transgender person is defined as ‘somebody whose gender does not match the gender assigned to that person at birth and includes trans-men or trans-women, persons with intersex variations, gender-queers, and persons having socio-cultural identities such as kinnar, hijras, aravani, and jogta’.
In India, we observe that our society hesitates to give an opportunity to people to explore themselves and their sexuality to enable them to live authentically. The moment a child is born, others determine its essence, identity, and compel the child to live accordingly. Beauvoir held that there is no basis to say inequality exists in nature as inequality is a social and cultural construct. Differences in nature is natural but differences in a society are what create problems that result into inequality and discrimination.
The challenges faced by the transgender community are wide ranging and numerous. They start right from the supposedly safe confines of their homes and extend to public spaces, workplaces, public transport systems to name a few.
Structural challenges: According to data from IndiaSpend as of June 2022, out of 9064 applications for a transgender certificate and ID, 22% are still pending and 13% are marked ‘not eligible’. From the remaining 65% valid applications, 16.5% have not been acted upon for almost a year now. This is despite the fact that the Transgender Persons Act, 2019 mandates the issue of the ID cards and certificates within 30 days of the application date. In the context of Assam, The National Portal for Transgender Persons as of July 2022 shows only 67 applications received out of which 51 are still pending issuance. This calls for structural reforms in the implementation of the Transgender Act.
Educational challenges: According to the 2011 census, only 46% of the people registered as the ‘other’ gender were literate compared to 74% literacy rate of the remaining population. Assam performed slightly better than the national average with a literacy rate of 53.69% for the transgender community. Even in Kerala (considered to be the most literate state in India), nearly 6 in 10 transgender persons surveyed in 2015 had dropped out of school due to ‘severe harassment’ and gender related negative experiences. This further aggravates the demand-skill gap leading to increased unemployment as a consequence, engulfing the transgender community in a vicious cycle.
Employment and Economic challenges: A study conducted by the National Human Rights Commission (NHRC) in 2018 showed that 96% of the Transgenders were denied jobs based on their gender identity. This is a clear violation of their Fundamental Rights enshrined in Articles 14, 15, 16, and 21 of the Indian Constitution. A report prepared by Sangama, a human rights organization, showed that around half of the transgender persons surveyed earned less than Rs. 5000/- a month. In 2020, out of 4.88 lakh transgender persons identified for the government’s Direct Cash Transfer scheme of Rs. 1500/-, only 5711 received the bank transfer. Regarding ration supplies, only 1229 transgender persons received them.
Government schemes and initiatives
The Central Sector scheme ‘SMILE’ (Support for Marginalised Individuals for Livelihood and Enterprise) has been launched by the Ministry of Social Justice and Empowerment (MSJE) to provide welfare and rehabilitation to the transgender community with the allocation of Rs. 365 crores for the period 2021-22 to 2025-26. The scheme aims to provide social security through multiple dimensions of identity, medical care, education, occupational opportunities, and shelter.
Moreover, transgenders can also avail the benefits of PM-DAKSH (Pradhan Mantri Dakshta Aur Kushalta Sampann Hitgrahi) Yojana that will provide skill development training programmes in collaboration with government training institutes, Sector Skill Councils (SSC) constituted by the Ministry of Skill Development and Entrepreneurship, besides other credible institutions.
MSJE has also initiated 12 pilot shelter homes called ‘Garima Greh’ for Transgender persons in the states of Maharashtra, Gujarat, West Bengal, Rajasthan, Bihar, Chattisgarh, Tamil Nadu, Odisha, and the UT of Delhi.
Hopeful times ahead
The Supreme Court in National Legal Services Authority (NALSA) vs. Union of India (2014) had granted legal recognition to transgenders as a third gender. To facilitate their recognition, the National Portal for Transgender persons is a step in the right direction. Majority of the transgenders don’t have a bank account because they aren’t eligible to apply for one. That is because they don’t have the right identity cards in the first place due to inconsistency in their records. With a quicker time for verification and issuance of ID cards and certificates, the National Portal has a lot of potential to improve the lives of Transgender persons.
Assam became the first state in India to introduce a separate option for transgender applicants in State Civil Services exams administered by the Assam Public Service Commission. Swati Bidhan Baruah, a prominent transgender activist and an advocate at Guwahati High Court and the Supreme Court of India deserves credit and appreciation for her work towards uplifting the transgender community in Assam.
Justice Rohini Commission in 2017 was tasked with the sub-categorisation of the Other Backward Classes (OBCs) to facilitate equitable distribution of benefits reserved for them. In Ram Singh vs. Union of India (2015), the Supreme Court had reiterated the NALSA case to include Transgender persons in the list of OBCs. Taking the cue, Karnataka, in 2021, became the first Indian state to extend affirmative action (1%) specifically horizontal reservation exclusively to the transgender community in all government services. Tamil Nadu has also approved the appointment of Transgender persons in its police force.
While there are many obstacles and hurdles faced by the transgender community despite their legal recognition in the society today, I believe their acceptance in the society will culminate from the value system and ethics taught by families to their children during their formative years. A paradigm shift in the way the transgender community is portrayed in our society is possible only through a remoulding of our entrenched mindset towards them. In the words of Albert Einstein, “The world as we have created it is a process of our thinking. It cannot be changed without changing our thinking”. (The author is an MBA graduate from IIM Indore and an ex-Consultant with the Ministry of Steel, Trade and Taxation Division, Government of India)
