Presentation by Kerala Development Society (KDS Delhi) 1

A generic definition of transgender person ‘A person who chooses to identify himself/herself with a gender different from the one assigned at birth’. A total of six categories of Transgender 2

Transvestites : They have a fetish for cross dressing and are mostly heterosexual in orientation, they cross dress for sexual enhancement Transexuals : They cross dress because they believe they are in the wrong body (male). They opt for a sex change operation Drag Queens: They are male homosexuals who cross dress to attract other men or to play around with gender. Also called Satla Kothis Intersexed (Hermaphrodites): Primary body/genitals not fully male or female. Intersexed(Chromosomal issues) Two “X” or male chromosomes missing Hijras: Anyone from the other categories joining the religious cult of Bahuchari Mata or Aravanis and are under the guru or nayak tradition 3

Thailand is a model country wherein all the required facilities are being made available to the Transgender Community. Govt. of Sikkim, Rajasthan and Tamil Nadu provide pension to TG community. Ministry of Rural Development employs them under Rajiv Awas Yojana After rejected from family, Guru or Nayak gives them protection and shelter in MP Election Commission of India, the Commission had issued directions under provisions of Rule 4 of the Registration of Electoral Roll, 1960 Transgender Community is eligible for old age pension of Rs. 1000/- per month in Delhi State. 4

Denial of various rights and facilities Social injustice 5

Rights of the members of the transgender community are not protected. Face discrimination in various areas: Discrimination starts from the family and continues for the entire life. Non-recognition of transgender community, as a third gender, denies them the right of equality before the law and equal protection of law guaranteed under Article 14 of the Constitution and violates the rights guaranteed to them under Article 21 of the Constitution of India. However, on 15 th April 2014 the Supreme Court of India granted constitutional recognition to transgender as the “third gender”- Case filed by NALSA 6 Problems of Transgender (cont.)

Transgender are not yet treated as a socially and educationally backward class, entitled to quotas in educational institutions and for public appointments. No Access to rights under the law, including the right to marry each other, adopt, divorce, succession, inheritance. Presently access to education, health, employment, housing, banking, pension, insurance services are limited. claim benefits under various welfare programmes is limited. Immediate interventions: enumeration, health services, employment, identity, etc 7

No right to be treated fairly with compassion and free from unjust treatment, cruelty, discrimination, and exploitation in all private and Government institutions and other entities. No right to be given equal opportunities in employment as transgender. No right to participate in all socio-economic, political & cultural activities, programs and services. 8

No right to build a family without prejudices and biases. No right to form and organize groups to freely redress their grievances against the government and other institutions without fear of being imprisoned or killed. No right to adequate access to health care and support, appropriate information and attain the highest standard of sexual and reproductive health. 9

Violation of human rights of transgender in the field of education, employment, healthcare, voting, contesting election, etc are not yet studied Violation of personal freedom, legal protection, family, marriage are not examined Harassment, violence and sexual assault in public spaces, at home and in jail are not yet studied 10

Study the socio-economic profile of transgender as the third gender group. Examine various kinds of violation of human rights of transgender. Analyse the problems faced by transgender in availing the benefits of the various government programmes including those related to education and employment. 11

Study the existing programmes for the transgender by the state or local government institutions and identify the potential areas of economic activity for financial freedom and economic independence. Formulate an action plan to protect and promote human rights- civil,political, economic, social and cultural rights- of transgender as the third gender 12

Socio-economic profile of transgender Analysis of violation of human rights of transgender Analysis of access to programmes/facilities for transgender An action plan to protect human rights – civil, political, economic, social and cultural rights- of transgender as the third gender Suggest institutional mechanisms at local government level (Municipality and Panchayati Raj Institutions) to address the issues of violation of human rights and bring transgender as the third gender in the mainstream of development. Develop case studies of achievements and failure of transgender 13

Recommendations to NGOs, CSOs, Associations and other such organizations in addressing human rights issues of transgender. Suggest capacity building programmes of grassroots level institutions for third gender in human development. 14