Where we are
Anumula Revanth Reddy asked the Human Resources Department (HRD) Ministry for university-wise details on the number of transgender students, teaching staff and non-teaching staff in the central universities of the country. Additionally, he asked the Ministry for year-wise details of steps taken by the government to ensure increase such participation in the last five years as well as details of further measures planned by the state.
Nishank relayed that no trans student is studying in any central university except for Indira Gandhi National Open University (IGNOU) which has had a total of 814 trans students in the last five years. As for transgender teaching and non-teaching staff in the universities, Nishank said there have been no trans recruitment.
As for past and future government action, Nishank listed a few administrative changes made by the University Grants Commission (UGC), such as adding transgender identifying columns in forms for admission and enrolment in beneficial UGC schemes, scholarships, and fellowships. Other actions mentioned by the Minister include encouraging faculty to undertake major research projects on the trans life, relaxation for trans persons in fee, eligibility and qualifying requirements of UGC NET.
In the name of planned strategy, Nishank could only offer other platitudes such as taking other affirmative action for adequate acclimatisation without facing fear, stigma or shame and chalking out an action plan for pertaining issues.
The HRD Ministry’s All India Survey on Higher Education (AISHE 2018-19) states that 37.4 million students are enrolled in higher education institutions. While it provides gender estimates for male and female populations (48.6 per cent of those enrolled are female), there is no data on trans or non-binary persons in the report.
What we miss
If only looked at in isolation, these numbers don’t paint the complete picture on the trans identity issue. The Transgender Persons (Protection of Rights) Bill 2019, in practical application, curtails a trans persons’ right to self-identify. Although the bill grants transgender citizens the right to a ‘self-perceived’ gender identity, this right is effectively negated by the bill requiring the trans individual to undergo an application process to obtain a “transgender” certificate of identity from the district magistrate.
This addition in the Bill directly contravenes with the directives laid down by the Supreme Court in NALSA v. Union of India, wherein the court had held that gender identity, gender expression and presentation will be protected under Article 19(1)(a) of the Constitution of India, and that the right of self-determination of gender – by virtue of falling within the realm of personal liberty – will be guaranteed under Article 21 of the Constitution of India.
Ray, a trans woman and law student at the Delhi University, said to The Wire, “This bill reduces us to our bodies. Our gender isn’t our genitalia – it is in our very being. And this bill is not trying to move its understanding of gender to who we are.”
News18 spoke to Delhi University’s Professor Rajesh Kumar who runs the Transgender Resource Centre in this regard. Kumar said, “.. transgender people don’t feel comfortable in identifying themselves as the ‘other’ gender; they fear stigma.” He gave the example of a trans person who graduated from Miranda House while identifying as ‘female’ in the admission form.
As Kumar noted, sensitisation and trans inclusion is a gradual process. Getting the members of the marginalised community to enroll under the category is the first step towards integration, he said.
Where we should be
While it is easier to formulate a toothless legislation filled with platitudes so as to seem progressive, the only really way of creating good affirmative law for the transgender community is to truly understand their struggles and attack those areas.
A person’s self-defined gender identity is integral to their personality and dignity. Creating a transgender column without addressing the stigma that prevents trans persons from checking it is of no real consequence. To truly recognise and protect those rights, the government must enable the community with a safer and accepting environment that doesn’t open the trans individual to stigma and abuse.
As Dr. Lilavati Krishnan noted, “Social inclusion has become one of the core issues while discussing social problems in contemporary Indian society … The two concepts of inclusion and exclusion are inextricably related and include keeping out or leaving behind certain individuals groups or sections of society, or denial of certain rights or opportunities or resources or having a voice in decision making which are normally available to members of a society and which are fundamental to society integration.”
Moving away from social stigma means moving toward social inclusion. Learning the concept of gender fluidity is important to shape peer worldview.
As Mousami Padhi and Purnima Mohanty note, a transgender child’s notion of self-identity and self-worth gets developed at a very early age and that is why greater awareness on transgender issues both as part of teacher training and student sensitisation is needed in schools. To facilitate inclusion, it is imperative that society learns to be sensitive to the problems faced by the transgender community.
Another part of trans acceptance methods in higher educational institutions is capability development. Owing to societal stigma, trans persons are prevented from acquiring enough education to even qualify for university degree courses. The 2011 census data had revealed that only 48% of the trans population was literate and that 58% dropped out of school before the 10th grade. According to the National Human Rights Commission, less than half of the trans community has access to education, and 62% of those face discrimination in their institutions.
Both of these issues need to be addressed in tandem so as to have any tangible change in the statistics relayed by the HRD Ministry.
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