introduction -...
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Hijras The most visible sexual minorityHijras The most visible sexual minorityHijras The most visible sexual minorityHijras The most visible sexual minority
Atharv Nair
Astitva Trust
Hijras The most visible sexual minorityHijras The most visible sexual minorityHijras The most visible sexual minorityHijras The most visible sexual minority
community of Indiacommunity of Indiacommunity of Indiacommunity of India
IntroductionIntroductionIntroductionIntroduction
• Transgender is an umbrella term used to describe people whose gender identity (sense of themselves as man or woman) and/or gender expression differs from that usually associated with their birth sex
• Male-to-female (MTF) TG people• Male-to-female (MTF) TG people
• Female-to-male (FTM) TG people
• ‘Transgender’ – can be a label or an identity
• Subgroups and different terms (MTF TG): Hijras, Thirunangai/Aravani, ShivShakthi, Yellamma, Jogta, etc.
VulnerabilityVulnerabilityVulnerabilityVulnerability
� Poor social economic status
� Prohibitive laws, policies and practices
� Sexual behaviour and sex work
� Mobility and migration
� Inadequate focus on TG/Hijras in prevention services� Inadequate focus on TG/Hijras in prevention services
� Access to Health Systems
� Lack of community ownership and Community led initiatives
� Power structure in the community
Research Centre for Health Economics and Evaluation (ReCHEE)
Law and Social JusticeLaw and Social JusticeLaw and Social JusticeLaw and Social Justice
� Develop action steps toward taking a position on legal recognition of gender identity of
Hijras/TG need to be taken in consultation with Hijras/TG and other key stakeholders.
Getting legal recognition and avoiding ambiguities in the current procedures that issue
identity documents to Hijras/TG are required – as they are connected to basic civil
entitlements such as access to health and public services, right to vote, right to contest
elections, right to education, inheritance rights, and marriage and child adoption.
� The committee may support the NALSA Supreme Court Petition through a state
recommendation submission on legal identity and rights of transgender and hijras.
� Equitable access to services and public spaces: recommended that the government
and those in the administration to articulate and enforce guidelines for non-and those in the administration to articulate and enforce guidelines for non-
discriminatory practices allowing transgenders and hijra to safely access public and
private facilities in their choice of facilities
� National Legal Services Authority
� National Legal Services Authority has proposed to provide free legal aid to transgender
people and to initiate legal literacy classes on the rights of transgender people in
January 2011, however this committee may write to state and district legal services
authority to include transgender/ hijras under the definition of marginalised so that
they can avail free legal aid.
Home � Direct law enforcement and judicial authorities(including police) to set up
special cells to look into human rights abuse(also dealing with incarcerated
transgenders - hijras) and through the Ministry of law look at broadening the
inclusion criteria of existing legal redressal mechanisms like that of free legal aid
by NALSA and its decentralized units, and lok adalats and similar systems of non
formal systems of justice
� Establish a civilian review board or civilian ombudsman committee comprising� Establish a civilian review board or civilian ombudsman committee comprising
judges and lawyers to monitor police stations and ensure that Supreme Court
guidelines on treatment of persons in custody, as established in D. K. Basu vs.
State of West Bengal, are strictly enforced (this is to be inclusive of transgender)
� There is continuing need to educate the police department on the judgment
against sec 377 and hence its application to the TG community.
� To appoint a body for mapping of Hijra / TG population in Maharashtra
Health � Protect and promote the health care needs:
May direct the ministry of health through the MCI and ICMR to clarify the ambiguous legal status of sex reassignment surgery and provide gender transition and Sexual Reassignment Surgery (SRS) services (with proper pre-and post-operation/transition counseling) for free in public hospitals in various parts of Maharashtra
Sensitize and educate health care providers as part of ongoing medical Sensitize and educate health care providers as part of ongoing medical training
Encourage physician practices, medical schools, hospitals, and clinics to broaden any nondiscriminatory statement made to patients, health care workers, or employees to include "sexual orientation, sex, or gender identity" in any nondiscrimination statement.
� It is recommended that a national working committee be set up to look into the
issues of transgenders - hijras and the central and state ministries develop
programs like that of the Tamil Nadu welfare board.
� In Karnataka, the government has issued an order to implement a reservation
quota for TG. TG have been included in the 2A category of the Backward Class
Commission. As a result of this decision, they will be eligible to avail the 15
percent reservation in various government employment and other schemes.
� There is an urgent need for more such social protection / welfare schemes to
be opened up for needy transgenders and hijras, more importantly adequate
outreach and communication is required to enable these services to reach the outreach and communication is required to enable these services to reach the
most marginalized and vulnerable.
� Direct the national skills mission and other concerned authorities to open up
existing schemes to transgenders and put in requisite safe guards to ensure
inclusion and full participation of these groups.
� To set up a separate body like SETHU to provide Domicile and Income
certificates for Hijra / TG community
� To provide separate Pink ration cards for the Hijra/ TG communities
Research Centre for Health Economics and Evaluation (ReCHEE)
EDUCATION
� To provide education and have reservations for the Hijra / TG
in graduate and post graduation courses.
� Appoint special guidance cell at higher secondary levels in
schools for the effeminate students so that the drop out is
less among themless among them
� To provide skill education and other technical education for
Hijra / TG community by providing reservations
Department Issue Recommendations
Skill Development • Providing vocational and entrepreneurship opportunities
(including financial support) to Hijra / TG community,
linking them to skill development and labor departments
• Imparting more need based appropriate skills through
vocational training courses for Hijra / Transgender women.
Housing Due to social
stigma
trasngender /
hijras women
find it hard to
• Assess the housing needs of the community
• Make provisions for providing shelter to old and out of
work Transgender sex workers
• Also setting up old age home a community care center for
the old Hijra / TG’sfind it hard to
get a room on
rent.
the old Hijra / TG’s
• Norms of documentation required for seeking a shelter –
whether as a house on rent or for accessing the benefit of
Gharkul Yojana – be made flexible for the community.
• HIV positive TG women neglect their health, therefore the
government should have well equipped shelter homes for
them
• Curtail the lengthy list of required documents, simplify
procedure and keep the welfare measures free of
conditionality
• Inclusion of Transgenders / Hijras in the Indra Gandhi
Avaas Yojana a nd Rajiv Gandhi Rojgar Yojana
THANK YOUTHANK YOU
Research Centre for Health Economics and Evaluation (ReCHEE)