transgender rights in india essay

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India Just Passed A Trans Rights Bill. Why Are Trans Activists Protesting It?

Sushmita Pathak

Supporters of lesbian, gay, bisexual and transgender community hold placards during a protest against passing of Transgender Persons (Protection of Rights) Bill, 2019, in Bangalore, India, Wednesday, Nov. 27, 2019. Members of the LGBT community alleged that the bill violated their rights instead of empowering them. The bill was passed in upper house of Indian parliament on Tuesday. Aijaz Rahi/AP hide caption

Supporters of lesbian, gay, bisexual and transgender community hold placards during a protest against passing of Transgender Persons (Protection of Rights) Bill, 2019, in Bangalore, India, Wednesday, Nov. 27, 2019. Members of the LGBT community alleged that the bill violated their rights instead of empowering them. The bill was passed in upper house of Indian parliament on Tuesday.

At a massive LGBTQ pride parade in India's capital New Delhi last month, people danced to the beat of drums. "Love is love," they chanted, waving giant rainbow flags.

But the more than 1,000 people who came out on the streets weren't just celebrating India's sexual diversity. They were there to protest proposed transgender rights legislation, which they call regressive. Many participants carried placards in light pink and light blue colors — which signify trans pride — urging lawmakers to reconsider the bill.

Two days later, on Nov. 26, the bill was passed. But as the bill now moves to the Indian president's desk for signature, it has kicked off a fresh round of outrage from the very community it is meant to safeguard.

The new legislation purports to protect transgender rights — but many trans activists say it does the exact opposite. They say it's a huge blow to India's already vulnerable transgender community and undoes a lot of progress made over the past few years. The bill comes just over a year after the Indian Supreme Court's landmark decision to decriminalize homosexuality .

At a news conference in Delhi a day after the bill was passed, transgender activist Grace Banu described it as a "murder of gender justice."

The Transgender Persons (Protection of Rights) bill prohibits discrimination against transgender persons with regard to things like education, employment and the ability to rent or buy property. It also gives transgender persons a "right to self-perceived identity" — but requires them to register with the government if they want to be officially recognized as "transgender." If a transgender person identifies as a trans man or trans woman and wants to be legally recognized as such, they have to submit proof of gender confirmation surgery to the government.

Trans activist Gee Imaan Semmalar says the identity registration requirement flouts a landmark 2014 ruling by India's Supreme Court which recognized the right to choose gender.

"The bill goes against the right to dignity and bodily autonomy of trans people," Semmalar wrote to NPR in an email. He's a member of Sampoorna Working Group, an advocacy organization for transgender and intersex rights.

"You're basically putting a lot of burden on trans people and adding a lot of bureaucratic layers and red-tapeism," says Ajita Banerjie, a Delhi-based gender and sexuality rights researcher.

Banerjie added that the bill fails to mention civil rights like marriage, adoption, social security benefits and also does not provide quotas for transgender people in public education and jobs — something that the Supreme Court's 2014 ruling had directed the government to do.

Transgender individuals in India often face stigma and systematic exclusion in education and employment. As a result, some feel they have no alternative but to turn to sex work; HIV prevalence among India's transgender community is 26 times higher than the national rate. But Semmalar says it's difficult to access health care without facing discrimination.

Trans individuals also face disproportionate public violence and police brutalities, he adds.

The bill makes abusing transgender people a punishable offense with a jail term from six months to two years. But under Indian law, when a cisgender (that is, a person whose gender identity matches their sex at birth) woman or child is sexually abused, the punishment can be as severe as a life sentence or, in some cases, even the death penalty. Semmalar says the lesser punishment for crimes against transgender people reiterates and strengthens the idea that trans lives are dispensable and of lesser value.

Even among lawmakers, the bill was contentious.

"Certification itself is discrimination. It's humiliation of a human being," Jaya Bachchan, a member of India's upper house of parliament, said during a session last week.

Bachchan was among dozens of lawmakers who wanted to send the bill to a select committee for further review. Other lawmakers argued that sending the bill for review would further delay the protection of transgender rights.

"Justice delayed is justice denied," said lawmaker Anil Agrawal, who supported the immediate passing of the bill, in parliament last week. "The transgender community will never forgive us if we delay granting them their rights."

Another lawmaker who was against sending the bill for review insisted that any important points that had been missed could easily be added as amendments later.

In a last-ditch attempt to stop the bill, activists are urging India's president not to sign it into law. If that fails, they're gearing up to challenge the law in India's courts.

In 2014, in a massive victory for India's roughly half a million trans individuals, the country's Supreme Court recognized transgender as a third, separate identity and ruled that Indians have the right to choose their gender.

But this bill sets the whole movement back by a decade, Banerjie says.

• trans rights
• legislation
• LGBTQ rights

On 25 th September 2020, the Union Ministry of Social Justice and Empowerment notified the Transgender Persons (Protection of Rights) Rules, 2020 which removed the mandatory medical examination requirement that the previous draft of these rules ( issued in July 2020 ) had created. The earlier draft was heavily criticized by the transgender community for taking away their dignity by virtue of mandating a third person (for instance, a District Magistrate) to verify and certify their gender identity. In addition to being an infringement upon their constitutional right to bodily autonomy and their protected right to privacy , the previous draft also flouted the provisions of the Transgender Persons (Protection of Rights) Act, 2019 , which unequivocally reaffirmed the transgender persons’ right to self-perceived their gender identity. Consequently, in light of such criticism and unconstitutionality, the new rules now state that the District Magistrate could process an application for a transgender person to declare gender, based only on an affidavit submitted in that regard by the person and without any physical or medical examination. 

However, an isolated reading of these rules does not authentically portray the entire spectrum of issues involved in this arduous struggle to establish an equal rights paradigm. To acquire a holistic perspective, one must begin with the 2014 Judgment of the Supreme Court of India in NALSA vs Union of India , wherein the apex court, for the first time, accorded the transgender community an equal constitutional status under the Indian legal matrix and recognized their fundamental rights under Part-III of the constitution to include, inter alia , right to gender equality and self-dignity importance. The non-recognition of such rights was perceived as a “human rights issue” and a capital violation of Article 15 of the Indian Constitution , which explicitly prohibits any discrimination on the basis of the sex of an individual. 

Although in line with the cherished tenets of equality, liberty, and freedom of expression , the judgment was not complemented with any legislative framework that could operationalize the rights propounded by the court. This sought-after legislative clarity only ensued in December 2019 when the Transgender Persons (Protection of Rights) Act, 2019 was enacted with the aim of providing a statutory basis for constitutional rights and establishing procedures to be followed in enforcing them. Notably, the previous three drafts of this Act, introduced in 2014, 2016, and 2018 lapsed in the parliament and were condemned for their regressive provisions such as establishing a “ screening committee ” to ascertain if an applicant qualified as transgender. Consequently, the 2019 Act removed many such reprehensible provisions and sought to prohibit discrimination against transgender people while advocating for the introduction of welfare provisions for the historically marginalized communities.

Notwithstanding the multiple revisions, the 2019 Act and its associated rules of procedure, when tested against the touchstone of the NALSA judgment and the right to equality, dignity, bodily autonomy, privacy, self-identification, and freedom against unwarranted medical intervention, collapses colossally. To begin with, important terms such as “transgenders” and “discrimination” have been vaguely defined in that act. It not only allows for the inclusion of individuals with intersex variations into the category of transgender people but also does not lay down provisions for any civil or criminal remedy in the guarantee against discrimination. Moreover, in the case of sexual abuse of a transgender person, the act provides a punishment of up to two years imprisonment coupled with a fine. However, sexual assaults upon cis-women attract more stringent punishments that may even extend to life imprisonment . The extension of different punishments depending upon the sexual orientation of the individual does not exhibit any intelligible differentia and fails to satisfy the  reasonable classification test  and the  standard of arbitrariness  as envisaged by Article 14 of the Indian Constitution that guarantees equal protection of law to all persons . Another issue in this regard is that of the requirement of the transgender person to be a resident of the jurisdiction of the Magistrate for a minimum period of one year before filing the application to declare their identity as transgender. This raises two concerns: firstly , other certificates and licenses like the ones required in cases of a civil marriage or by the road transport department have a much lesser period of residence requirement (for instance, 30 days). This onerous one-year requirement has only been in place for transgender people. Secondly , the Expert Committee on Issues Related to Transgender Persons (2014) and the Supreme Court in NALSA Judgment opined that the transgender community faces ostracization from family, unemployment, and homelessness in the society and therefore, it is argued that it becomes strenuous and burdensome for them to reside continuously in an area for seeking certification. Moreover, it has been argued that the act is in violation of Principle 6, 12, 18, and 32 of the Yogyakarta Principles .

From a social welfare perspective, although the new rules advocate for welfare schemes, programs, and protection cells for transgender people, they remain enigmatically equivocal as to what exactly these welfare measures would be and what would be the time duration under which the state would be bound to implement them. Additionally, in a scathing attack on their right to privacy, the act does not place an explicit restriction on any authority to disclose confidential information regarding the applicants. Lastly, notwithstanding the observations of the apex court in the NALSA judgment that the transgender community is socially and economically backward and hence entitled to the benefit of affirmative action policies in education and employment, the act does not talk about the implementation (or lack thereof) of the reservation policy vis-à-vis the transgenders.

Therefore, it can be said that although the new rules, whereby the mandatory medical examination requirement has been removed,  are a step in the right direction, the perennial struggle of the transgender community to secure for themselves an inclusive, equal, supportive, legally protected and respectful ecosystem still has a long way to go for the accomplishment of the constitutional guarantees of liberty, equality, freedom, and justice.

Ayush Mishra is an Advocate at the Hon’ble High Court of Allahabad, India, and a graduate of the National Academy of Legal Studies and Research, Hyderabad, India. 

Suggested citation: Ayush Mishra, Restoring Dignity: Nuances of Transgender Rights in India, JURIST – Professional Commentary, October 12, 2020, https://www.jurist.org/commentary/2020/10/ayush-mishra-transgender-india/.

This article was prepared for publication by Vishwajeet Deshmukh , a JURIST staff editor. Please direct any questions or comments to him at [email protected]

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Exploring the discrimination and stigma faced by transgender in Chennai city–A community-based qualitative study

Gayathri kumar.

1 Research Fellow, Trichy SRM Medical College, Tamil Nadu, India

2 Associate Professor, Trichy SRM Medical College, Tamil Nadu, India

Deodatt M. Suryawanshi

3 Professor, Trichy SRM Medical College, Tamil Nadu, India

4 Associate Professor, Shri Sathya Sai Medical College, Tamil Nadu, India

Divya Rajaseharan

5 Assistant Professors, Trichy SRM Medical College, Tamil Nadu, India

Kalaipriya Gunasekaran

Background:.

Transgender people experience widespread prejudice discrimination, violence and other harms of stigma and trans-phobia (dislike of or prejudice against trans-sexual or transgender people). To study various modes in which transgenders experience the stigma and discrimination and to understand situations and circumstances under which they are vulnerable toward stigma and discrimination.

Materials and Methods:

The present study was a mixed-method study which was conducted during the months of January to June 2019 among 43 study participants. Focus group discussion and in-depth interview was conducted with these participants with subsequent transcription. Interpretative phenomenological analysis (IPA) was used for analysis.

Transgenders face discrimination and stigma in various setting including education, employment, healthcare, and various public setting. Difficulties in getting government identity cards (ID), facing difficulties in changing ID cards after transition, discrimination in getting bank loan, homelessness, travelling rejections were considered as major obstacles and discrimination by the study participants.

Conclusion:

Multilevel interventions are needed for transgender populations, including legal protections, improvement of various settings. Inclusive measures should be taken to improve their status focusing on social stigma coupled with psychological pain and economic hardship.

The third gender, that is, “Transgender” signifies those individuals who are different in their biological constructions. They are different for the stereotype gender roles. Their gender makes them different and compelled to face discrimination in society. According to the definition, transgender, often shortened as trans, is an umbrella term; in addition to including people whose gender identity is the opposite of their assigned sex (trans men and trans women), it may also include people who are non-binary or genderqueer.[ 1 ] Despite of all the constitutional rights, they are denied to have their basic rights like Right to Personal Liberty, Freedom of Expression, and Right to Education, Empowerment, and Right against discrimination, exploitation and violence etc.[ 2 ] The 2015 U.S. Transgender Survey (UTS) is the largest survey examining the experiences of transgender people in the United States, with 27,715 respondents from all 50 states, provides a detailed look at the experiences of transgender people.[ 3 ] There is a pervasive pattern of discrimination and prejudice against transgendered people within society. Both economic discrimination and experiencing violence could be the result of a larger social climate that severely sanctions people for not conforming to society’s norms concerning gender; as such, both would be strongly associated with each other. Most of the studies have relied on fairly limited measures of discrimination, focusing primarily on workplace discrimination[ 4 ] not exploring in detail on the overall discrimination and stigma faced. We are exploring the importance of the measures to reduce discrimination, stigma and violence in various settings including education, employment, healthcare, and public settings which has not been explored in detail in India in the past. This research explores the lived realities of transgenders who enter the Hijra community and the various forms of social exclusion that these individuals face.

To explore various modes in which transgenders experience the stigma and discrimination and to understand situations and circumstances under which they are vulnerable toward stigma and discrimination.

Materials and Methods

The present study was a qualitative study done in Chennai city focusing mainly on the in depth interview. A total of 8 focus group discussions and 14 in-depth interviews (IDIs) were conducted along with free listing and pile sorting. The study was conducted during the months of January to June 2019 among 43 study participants (Transgender of all age groups).Exclusion criteria being cisgenders, lesbians, gays, bisexuals, non-consenting transgender.They were recruited using a non-probability snowball sampling technique. The study participants were interviewed at the location and at the time of their convenience and after obtaining written informed consent. Institutional ethics committee clearance was obtained before start of study.

Qualitative methodology

To explore various modes in which transgenders experience the stigma and discrimination and to understand situations and circumstances under which they are vulnerable toward stigma and discrimination investigators conducted a total eight focus group discussions and 14 in-depth Interview (IDI). Also, free listing and pile sorting were used to collect relevant qualitative data.

The following steps were done for Focussed Group Discussion (FGD):

• A topic guide was prepared
• The study participants were chosen by snowball sampling method
• Sampling was done mainly through the contacts of known transgenders selected throughout Chennai city
• The participants were requested to join the scheduled interview and discussions at a specific time convenient for them also
• Necessary arrangements were made for uninterrupted FGD
• Written informed consent was obtained for participation and audio recording of the proceedings was done
• FGDs were conducted with the transgenders who are the study participants, who were willing to participate.
• Each FGD lasted for about 45 minutes.
• Each FGD comprised a maximum of 10 participants (minimum 8 participants) from the Community. The study population comprised the transgenders of various age groups.
• Data was collected till information got saturated

Topic guide and interview schedule for the FGD and IDI

The analysis of FGDs was done through a conventional content analysis approach. Data were analyzed and managed simultaneously by sketching ideas, taking field notes, summarizing field notes, identifying codes, reducing codes into themes in Microsoft Excel, and finally developing categories. Smith’s salience score was calculated and the reasons with higher Smith’s S values were pile sorted. Smith’s S value refers to the importance, representativeness, or prominence of items to individuals or to the group. The analysis of free list and pile sort data was done using Anthropac software.

Interpretative phenomenological analysis (IPA) was also used for this research as it involves sensitive psychological issues.

A total of 43 participants throughout Chennai city participated in the study through 8 FGD (8–10 participants in each FGD), 14 IDI, free listing, and pile sorting. The majority of the participants are from the age group 35–45 (48.5%), followed by 25–35 (41.1%). The majority belonged to Hindu religion (61.7%) and more than half of them had primary level of education (51.4%). Majority of the women were involved in begging whereas there was one professional who is not working. To explore about the various discrimination and stigma faced, the free listing exercise was done [ Table 1 ].

Perceived discrimination and stigma among transgender population

A multidimensional scaling and hierarchical cluster analysis were done with pile sort data to get a collective picture of discrimination and sigma faced by transgenders. Results were categorized as: “school dropout’, physical bullying”, “lack of family support”, “lack of job opportunities”, “ harassment in work place”, “ negligence in healthcare setting”, “homelessness”, “travelling rejections”, “difficulty in accessing public toilet”, “ difficulties in getting ID cards”, “ challenges in taking loans”.

Focussed Group Discussion

A total of 8 FGDs were conducted to explore more about the situations and circumstances under which they are vulnerable toward stigma and discrimination. Totally 43 people participated and each FGD had 8–10 participants. The results of the FGD are reported according to the themes in [ Table 2 ]. Main themes and categories discussed in FGD.

Response for circumstances under which transgender population face discrimination: Each domain discussed in FGD

In-Depth Interview

A total of 14 depth interviews were conducted until the point of saturation. The themes that emerged from the IDIs are presented below as headings and supported by quotes from the participants. Each quote is accompanied by the occupation and age of the participant in parentheses [ Table 3 ].

Themes and verbatim obtained from in depth interview:

In the present study, transgenders admit that they face discrimination and stigma in various setting including education, employment, healthcare, and various public settings. Also difficulties in getting government identity cards (ID), facing difficulties in changing ID cards after transition, discrimination in getting bank loan, homelessness, travelling rejections were considered as major obstacles and discrimination by the study participants. Perceived violence and stigma among our study participants are comparable to the other study findings from various setting.[ 5 , 6 , 7 ]

During the study one of the study participants discussed that they need more peer support and opportunities to earn which is similar to the findings from the study conducted in Mumbai city.[ 8 ] Issues faced by our study participants in various settings are compared to the study results of Indian research where lack of family support leading to various psychosocial consequences are highlighted.[ 9 ] Our study participants admit that they face discrimination in accessing healthcare which is also highlighted in another research article from India[ 10 ] where socio-economic barriers, lack of health insurance, exclusion from social protection schemes, and health systems barriers are addressed.

One of the major strength of our study is we included transgender population from various sectors covering most of the occupations. There are also limitations of the study where coping strategies for the various discrimination and stigma is not explored to greater extent. Also social desirability bias when reporting sensitive information, and some nuances may have been overlooked in translating interviews.

As evident from the qualitative analysis, transgender individuals have specific healthcare and social needs; however, they face multiple obstacles to accessing quality healthcare ranging from social stigma and discrimination to lack of awareness and inferior services. Community mobilization interventions offer a promising vulnerability reduction strategy for transgenders, and could be effective in safeguarding transgender rights and reducing disease vulnerability. Strengthening legal protection, inclusive measures along with multilevel interventions to address transgender issues is needed.

Key points and take home message

Since not much research especially qualitative studies have been done among transgenders from various sectors, this article will definitely contribute for their welfare measures. Challenges and obstacles faced in various settings have been explored in detail. There is an imperative need for enhancing interventions along with legal measures to address specific issues.

Declaration of patient consent

The authors certify that they have obtained all appropriate patient consent forms. In the form, the patient(s) has/have given his/her/their consent for his/her/their images and other clinical information to be reported in the journal. The patients understand that their names and initials will not be published and due efforts will be made to conceal their identity, but anonymity cannot be guaranteed.

Financial support and sponsorship

Conflicts of interest.

There are no conflicts of interest.

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Leaving no one behind: Transgender inclusion in India's sustainable development

Author : Sharon Sarah Thawaney

Expert Speak Terra Nova

Published on nov 28, 2023.

Implementing inclusive policies aligned with SDGs is crucial to counteract discrimination against transgender in India

The 2030 Agenda for Sustainable Development provides a comprehensive framework for addressing global challenges and fostering a more equitable and sustainable future for all. Its 17 Sustainable Development Goals (SDGs) are not only a blueprint for achieving peace and prosperity for both the planet and its people but also a clarion call for global cooperation amongst United Nations (UN) member states. These goals seek to achieve socio-economic development, with the underlying theme of “ Leaving no one behind ” (LNOB). This theme goes beyond helping the most impoverished—it involves fighting discrimination and reducing inequalities globally, based on the UN human rights framework.

Transgender  is an umbrella term that can be used to encompass people whose gender identity is different from the gender ascribed at birth.  

This essay seeks to explore the status of the transgender community in India’s sustainable development journey. By analysing transgender rights in India, this brief envisions how the SDGs can help foster an environment that guarantees inclusion, equality, and social justice for this community.

Transgender  is an umbrella term that can be used to encompass people whose gender identity is different from the gender ascribed at birth. India, within the South Asian socio-cultural context, carries one of the richest histories of the ‘ Hijras ’ —who represent only one segment of the transgender community among other gender non-conforming identities. Evidence of this community is referenced in various temple carvings and religious scriptures. Even during the Mughal era, hijras held prestigious positions in the royal court . However, this community did not find a place within Western perceptions of gender and was classified as “criminals” under the Criminal Tribes Act of 1871 by the British colonisers. This marked the institutionalisation of the transgender community's marginalization—a situation that persists to this day.

The nature of this marginalisation is evident, with the transgender community consistently facing significant barriers in accessing healthcare , education , housing , and employment . Their daily lives are marred by the pervasive influence of stigma, discrimination, and violence, all of which are perpetuated by deeply ingrained societal biases and institutional inadequacies left unaddressed, effectively relegating them to the peripheries of society.

The 2011 census for the first time, introduced the 'other' category alongside male and female for gender identification. However, it's important to highlight that the census did not collect specific data on 'transgender' individuals. This 'other' category accounted for 4, 87,803 individuals, and various welfare measures are based on this number, for the transgender community. Thus, this is not an accurate number, creating a flawed space for gender identification.

A groundbreaking milestone was arrived at with the Indian Supreme Court’s historic NALSA judgment , affirming the right to self-identification of gender for transgender persons—which, however, carries its own set of challenges . 

Over the past decade, India has made substantial progress in advancing the rights and socio-economic inclusion of transgender individuals. In 2014, a groundbreaking milestone was arrived at with the Indian Supreme Court’s historic NALSA judgment , affirming the right to self-identification of gender for transgender persons—which, however, carries its own set of challenges . Additionally, in 2018 Section 377 was decriminalised , legalising consensual same-sex adult relationships. These legal strides were complemented by the enactment of the Transgender Persons (Protection of Rights) Act in 2019 , which, along with subsequent rules in 2020 , articulated and safeguarded the rights of transgender individuals across various sectors, including education, healthcare, and the workplace, with a focus on improving their overall welfare. These have culminated in the launch of the National Portal for Transgender Persons and with it a slew of welfare measures . The Act in itself is heavily contested; further bureaucratic processes coupled with a stigmatised approach have made it difficult for these to reach actualisation

By aligning with the SDGs, India can tap into a wealth of international commitments and best practices related to gender equality, inclusivity, and human rights. The Universal Declaration of Human Rights which underscores the equality and dignity of every person globally has resolutions, outlined in the Yogyakarta Principles . These frameworks collectively underscore the imperative of ensuring the rights and well-being of transgender persons on a global scale. Therefore, we can consider that the foundation for the inclusion of trans rights within the SDGs is rooted in the goals themselves and international treaties.

SDG 1 is dedicated to eradicating multidimensional poverty, and transgender individuals are at greater risk due to systemic exclusion from economic, housing, and employment structures. This exclusion is further heightened by their disconnection from family and/or social support networks.

The Universal Declaration of Human Rights which underscores the equality and dignity of every person globally has resolutions, outlined in the Yogyakarta Principles .

Turning to SDG 4 , this focuses on education, bringing to light a crucial factor that hinders their economic opportunities. In India, the National Human Rights Commission Survey in 2018 , finds that a staggering 96 percent of transgender individuals face employment discrimination; they are often relegated to low-paying or exploitative occupations, such as sex work and panhandling, where 92 percent are denied employment opportunities. This is owed to the non-inclusive nature of schools, towards gender-deviant children. The “other” category exhibits high dropout rates, and low pass percentages, indicating a significant educational disparity , with a literacy rate of 56.1 percent, notably lower than the national average of 74.04 percent.

It is intriguing yet noteworthy that SDG 5 , focusing on gender equality, does not explicitly encompass gender non-conforming identities in its targets . However, SDG 8 seeks to promote inclusive economic growth, quality employment opportunities, and secure employment, which is crucial for marginalised groups like the transgender community.

SDG 10 , focused on reducing inequalities, emphasises inclusive social, economic, and political inclusion without discrimination. Therefore, this SDG could be broadly understood to encompass gender non-conforming individuals , like the transgender community.

Several Indian states are at the forefront of championing transgender rights. Notably, Odisha has pioneered a dedicated transgender policy to boost the social and economic well-being of the community. In 2021, Karnataka made history by amending recruitment rules to introduce a 1 percent reservation for transgender individuals. The state has also implemented welfare measures , addressing issues like the 58 percent dropout rate and providing scholarships. Additionally, Tamil Nadu has taken a significant step by incorporating transgender individuals into the Most Backward Classes (MBC) category , aligning with OBC, a move that recognises and tackles their social and economic needs.

Karnataka made history by amending recruitment rules to introduce a 1 percent reservation for transgender individuals. 

Despite laws in India addressing transgender issues, challenges persist due to the deep-seated societal stigma rooted in British colonial practices that crept its way into our Constitution. Therefore, implementing inclusive policies aligned with SDGs is crucial to counteract ongoing discrimination institutionalised during the colonial era.

The SDGs, serving as a global guide for sustainable development, take the lead in shaping inclusive policies. Although SDG 5, focusing on gender equality, does not explicitly mention the transgender community, overlooking these identities contradicts the fundamental principle of “Leaving no one behind”. We must explore the implementation of SDGs within an inclusive environment and consider how these goals can be incorporated into India's development agenda for the transgender community.

Sharon Sarah Thawaney is the Executive Assistant to the Director (Kolkata) at the Observer Research Foundation

• GENDER ISSUES
• Sustainable Development
• 2011 census
• Gender equality
• global commitments
• global equality
• Hijras history
• inclusive growth
• Legal milestones
• SDGs impact
• SDGs relevance
• societal barriers
• Transgender rights in India
• UN cooperation

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Sharon Sarah Thawaney

Sharon Sarah Thawaney is the Executive Assistant to the Director - ORF Kolkata and CNED, Dr. Nilanjan Ghosh. She holds a Master of Social Work ...

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India and the Global Fight for LGBT Rights

In striking down a ban on gay sex, the supreme court inspired activists across the world..

In September 2018, LGBT people in India celebrated after the country’s Supreme Court unanimously struck down a colonial-era ban on gay sex. It was an important moment for LGBT rights that not only reversed a relic of British oppression but also ordered that LGBT Indians be accorded all the protections of their constitution. This was a welcome victory, but it does not necessarily mean that LGBT people in India are fully free or perceived as equal among their fellow citizens—and it underscores how much work remains to be done in the rest of the world to overturn antiquated and repressive anti-gay laws.

Let’s be clear: Criminalizing same-sex relations makes it illegal to be LGBT. My country, Uganda, still has laws on the books similar to those that were struck down in India—and LGBT people in Uganda continue to face persecution and discrimination. Criminal laws hang over our community like a dark cloud. Individuals live in fear of harassment and prosecution for being who they are. As the Indian Supreme Court explicitly acknowledged, the criminalization of same-sex intimacy brings with it shame and rejection. LGBT people effectively become unapprehended felons and pariahs.

The most remarkable part of the Indian court’s decision is that it didn’t just use a universal standard of human rights to decriminalize homosexuality; it also acknowledged the responsibility of the state to help end the stigma attached to being LGBT. The court could have gone even further and emphasized that the Indian government should put in place mechanisms that would allow the reconciliation of shunned LGBT children and their parents. Doing so would help end the practice of parents forcing arranged marriages on those children—something that can lead to trauma and other mental health problems. It would also help end the shocking practice of “corrective rape,” in which families subject their LGBT children to nonconsensual sex.

[ The Little Ice Age could offer a glimpse of our tumultuous future, Amitav Ghosh writes. ]

“History owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries,” Justice Indu Malhotra wrote in her judgment. But one wonders whether these rights include the freedom of marriage or divorce. For true equality to prevail, those rights must be explicitly and fully extended to LGBT people.

India also needs to help reconcile LGBT Indians with their various religious communities; following the court’s decision, many conservative Christian, Muslim, and Hindu leaders, who are often at loggerheads, blasted the ruling as shameful and promised to contest it. Such a reconciliation would right a historic wrong. It was not local religious leaders but British colonialists who introduced these barbaric laws to India. Hinduism, which is the dominant religion in India, was quite accepting of LGBT people before the British introduced Section 377 of the Indian Penal Code in the 1860s, imposing harsh penalties on whoever has “carnal intercourse against the order of nature.” That provision was then extended from India out across the British Empire. It is the reason why most former British colonies are still, to this day, not only hostile to same-sex love but also actively opposed to it.

Uganda has similar laws dating back to the colonial period—and these laws have long been used to abuse the rights of LGBT people through arbitrary arrests and unfair trials. We cannot hold events and trainings in public or private without authorities seeking to arrest us. For the last two years, we have been unable to hold a pride parade; when we tried in 2016, we were brutally arrested by the Ugandan police. Anti-gay laws also empower mob violence, forced evictions, and social exclusion.

Britain today is far less homophobic than it once was. Indeed, the British government is strongly advocating for the decriminalization of LGBT relations in its former colonies—but words and statements aren’t enough. The Commonwealth and the British government must be more active in ending the scourge of homophobia and acknowledge their historical role in fostering it.

Until then, even as we celebrate India’s success, Uganda’s LGBT community won’t have the chance to enjoy the sweet taste of equality.

This article originally appeared in the Winter 2019 issue of  Foreign Policy magazine .

Frank Mugisha is the executive director of Sexual Minorities Uganda. Twitter:  @frankmugisha

Prevention Is the Best Medicine  From the United States to Africa, Mary-Claire King has revolutionized the fight against breast cancer—again and again. By Laurie Garrett

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Umamageswari Maruthappan

Transgender Community In India: Rights, Challenges, And Opportunities

KEY TAKEAWAYS

• The Transgender community people are recognized as the third gender in India and such recognition was held to be a matter of their human right.
• The Indian Constitution, with a view to protect them against oppression and harassment, has given various rights under its different articles.
• However, irrespective of that, these people face a number of challenges and discriminations.
• The Government, as well as the Judiciary, has been instrumental in upholding their rights over the years.
• Despite all these, it is a harsh reality that such transgender persons are still deprived of their basic sanitation facility, that is, the availability of separate toilets.
• A plea in this regard is pending before the Delhi High Court.

INTRODUCTION

Acche din! This adage has become almost a cliché to every citizen of India. However, in reality we are yet to achieve the same. Look at the status of equality guaranteed under our Constitution. Ask yourself as a citizen whether we are really equal? The answer is a definite ‘No’. Despite every succeeding government’s promise, they considerably fail to fulfill it. Keeping aside all other factors, let us look at the position of transgenders in India. It gives a clearer picture on how our country is still lacking to treat every individual with equality. Despite years after we claimed ourselves independent, the so called ‘third gender’ cannot be proud of it. This is a major drawback that is preventing us from progressing.

Who are these people under the transgender community?

The term “transgender” has been coined in the mid-1990s for those people whose characteristics and behaviors appear to be gender atypical, that is, outside the stereotypical norms of a gender. They are also known to be gender variant, gender different, and gender non-conforming.

RIGHTS OF TRANSGENDER PEOPLE

What are their rights?

The third gender people are immunized under the India law with some basic rights under Article 14, Article 15, Article 16, Article 21, and Article 23 of the Indian Constitution.

Article 14: Equality before law and equal protection of law.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

Article 16: Equality of opportunity in matters of public employment.

Article 21: Right to Life and Personal Liberty. This right has a wide scope and includes various rights, including Right to Health, Right to lead life with dignity, and Right to Privacy, within its ambit.

Article 23: Prohibition of traffic in human beings and forced labour.

Some rights that they are deprived of are:

Across the world, transgender people are denied a number of rights. These include right to vote, to own property, to marry, to claim a formal identity through a passport, to hold a ration card, to possess a driving license, to get education, to claim employment, right to health, etc.

CHALLENGES THEY FACE

• Education: This is one of the major challenges faced by the transgender people in India. According tothe 2011 Census, there are 4.9 Lakhs of transgender people in the country, and out of that there were 54, 854 children below the age of six. So, if we go by the Census report, these 54, 854 children should be presently in their secondary and higher secondary school. But this is not the case in reality. For instance, let’s see the 2020 statistics with respect to Class 10 and Class 12 CBSE exams. Around 1, 889, 878 students had appeared for Class 10 CBSE exams in 2020, out of which 11, 01, 664 were boys and 7, 88, 195 were girls. Similarly, 6, 84, 068 boys and 5, 22, 819 girls wrote Class 12 CBSE exams in 2020. However, sadly, only the number of transgender students in this count stands at just 19 and 6 for Class 10 and 12 respectively. This questions the negligence of our educational system.
• Awareness: A 2017 report of NHRC states that 79% of transgender don’t have own accommodation. Similarly, 52.61% have monthly income of less than 10,000 rupees. Further, since most of them do not have a voter ID or AADHAR card, they are not in a position to avail themselves their rights and government schemes.
• Trafficking, begging, dancing at celebrations, sex work, unemployment, lack of medical facilities, no inheritance of property, no provision for adopting a child, etc. are some other problems.

REVOLUTIONARY STEPS TO EMPOWER THE COMMUNITY

• So far, only two states have come up with visible welfare schemes in favour of transgender people:
• Tamil Nadu: This is the state that has been proactively working on the welfare of these community people. It had established “Aravanigal/Transgender Women Welfare Board” to address their social welfare issues. The state also provides them with land. In 2014, it prohibited ‘normalizing’ surgeries until the patient is old enough to give consent.
• Andhra Pradesh- The state ordered the Minority Welfare Department to consider Hijras as a Minority and develop welfare schemes. In Hyderabad, transgenders, who lost their jobs due to COVID-19, began becoming entrepreneurs. One instance is their engagement in making ginger garlic paste and pickles.
• At the central level, efforts have also been made to recruit them into its paramilitary forces.
• Anbu Ruby was appointed as a nurse to a government hospital in December 2019. This was the first time in this regard.
• They are also being selected as police officers .
• “State Policy for Transgenders in Kerala 2015” is an initiative of the Kerala Government which is much related to Tamil Nadu’s Aravanigal Women Welfare Board.
• The Transgender Persons (Protection of Rights) Act, 2019: Key points
• Gender reassignment surgeries free of cost at state run hospitals.
• Government to bear the cost of accommodation and schooling for them.
• Opportunity to study at Government run schools and universities free of cost.
• Access to quality healthcare, affordable housing, medical and life insurance, employment, etc.
• If such person wants to officially get recognized as a “transgender”, it is mandatory to register with the Government. However, they must also submit the proof of gender confirmation surgery to the Government.
• The Act also doesn’t guarantee right to marriage, adoption, social security, reservations in education and employment, etc.
• The Indian law prescribes punishment in case of harassment of all kinds is life sentence or death, however, the bill makes it punishable only for a period from six months to two years.

EFFECTIVE ROLE OF JUDICIARY

There have been various instances wherein the Indian judiciary had stepped in and effectively upheld the rights of the transgender people. Some of the important cases include:

• NALSA vs. Union of India (2014) : The Supreme Court ruled that transgender people should be recognized as third gender and must be allowed to enjoy all the Fundamental Rights.
• Navtej Singh Johar v. Union of India (2018) : Section 377 provides punishment for unnatural offences, and this impediment was used as an instrument to harass them . Due to their relatively insignificant numbers, they were less noticed. However, the Supreme Court, in this case, decriminalized the so called “unnatural offences” under the Section.
• In Arunkumar & Sreeja v. The Inspector General of Registration (2019): This is a landmark case with respect to transgender people’s right to marry. The Madras High Court, for the first time, validated the right to marriage of Transgender Persons under Article 21 of the Indian Constitution.

BASIC SANITATION FACILITIES FOR TRANSGENDER COMMUNITY

Imagine if you want to go to a public washroom and find out there is no separate toilets for your gender. Isn’t that discriminatory? Isn’t that a sign of negligence and ignorance? Well, this is how the third gender people are suffering in public. There is a case in West Bengal that drove the authorities to provide basic sanitation facilities to transgender persons. Sobhan Mukherjee, from Kolkata, was instrumental in installing transgender toilets in the city. He further went ahead to demand seats for them in public transport. Now, this is just one case that occurred in a corner of the country. There might be more such instances that would have gone unnoticed. This clearly reveals that there has been no specific legal provision for this facility. However, when such demands reach the doors of the judiciary, we get to know about them. One such latest case took place in Delhi.

Jasmine Kaur Chhabra vs. Union of India (2021)

A final year Law student, Jasmine Kaur Chhabra, approached the Delhi High Court, seeking its directions to the Central Government for making provisions for separate public toilets for the third gender. The petitionercited the rights recognized under the Indian Constitution to support her plea. It was further submitted that non-availability of separate toilets is violative of the judgements given in NALSA vs Union of India and Navtej Singh Johar v. Ministry of Law.

Replying to the petition, the Delhi Government stated that it has taken all the necessary steps under Section 22 of the Transgender Persons (Protection of Rights) Act, 2019. Further, it also submitted that arrangements have been made to make “T” signs on the toilets of such people. However, the petitioner alleged that there has been no update in this issue.

The Delhi High Court Bench of Chief Justice DN Patel and Justice Jyoti Singh issued a notice to the State seeking its response on the progress regarding the building of separate toilets for third gender people, and adjourned the matter to a later date.

It is visible that the Indian Government always places each of its citizens at a higher height and thus, has conferred several rights on them. However, did you know that only a handful of people actually get to enjoy those rights? The percentage stands very low till today. If this is the case of commonly acknowledged people, then imagine the plight of the transgender community. One of the chief causes for this is their lack of awareness. If we want effective participation of every citizen, it is also equally important to raise voice against injustice. The fight against discriminations of transgender persons is often not taken strictly because of their comparatively low numbers. Despite that, we are witnessing some voices here and there. The petition before the Delhi High Court highlighting the need for separate public toilets for these people is one among them. The proactiveness of the High Court is crucial to give the facility that the third gender deserves.

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Difficult Dialogues: A compendium of contemporary essays on gender inequality in India

• DOWNLOAD THE COMPENDIUM

Shamika Ravi Shamika Ravi Former Brookings Expert, Economic Advisory Council Member to the Prime Minister and Secretary - Government of India

March 8, 2019

• 20 min read

Content from the Brookings Institution India Center is now archived . After seven years of an impactful partnership, as of September 11, 2020, Brookings India is now the Centre for Social and Economic Progress , an independent public policy institution based in India.

This collection of essays emerged out of ideas and presentations at the Difficult Dialogues conference on Gender Equality in February 2018, where Brookings India was a knowledge partner. Aashima Dogra, Anita S McMillan, Charu Anand, Manisha Priyam, Mrinal Shah, Nandita Jayaraj, Nilisha Vashisth, Prakash Gus, Prerna Sharma, Sanjay Kumar, Shamika Ravi, Shreyasi Jha & Surina Narula have contributed to this volume.

Existing literature has documented a significant gender gap in various sectors including health, labour market opportunities, education and political representation in India. The objective of this compendium is to move the gender policy focus towards the underlying trends and causes of these gender gaps. In particular, we highlight three areas of interaction of gender inequality with modern Indian society. The first three essays in this book explore the relationship between gender and electoral politics including women as voters, as candidates and as agents of change. The second part of the compendium includes essays on gender inequality in opportunities through labour market and education. Within the education space, we particularly analyse the area of science and higher education within India. The final chapter in the compendium focuses on street children, particularly girls, as a very vulnerable section with multiple risk factors at play. Each essay makes specific policy recommendations to alleviate gender inequality within a specific area.

The objective of this compendium is to move the gender policy focus towards the underlying trends and causes of these gender gaps. In particular, we highlight three areas of interaction of gender inequality with modern Indian society.

There is a growing literature within development economics with focus on gender inequality in India. Duflo (2012) provides an excellent overview of the literature by reviewing the relationship between gender inequality and economic development. In contrast to existing literature which finds stark persistence in gender inequality over time in various outcomes, in this compendium, we also report some positive phenomenon. One such remarkable trend is the sharply declining gender bias in political participation measured by voter turnout across states of India, consistent over several decades. We document the growing political empowerment of women voters in India. The reason why this is an important development is, as we discover in our research, because it is not an outcome of any specific top down policy intervention targeting female voters. Our research shows that this is largely by the voluntary act of self-empowerment of women across India.

There is a vast literature in politics which establishes the necessity of universal suffrage for representative democracy. And yet, while advocating universal suffrage, James Mill had argued that in order to keep expense of representative system down, women need not have separate voting rights because their interests were included within those of their husbands and fathers (Ryan 2012). This was later criticized by T B Macaulay who said, “Without taking the trouble to perplex the issue with a single sophism, he calmly dogmatises away the interests of half the human race.” We study the data on Indian elections over the last 50 years and explore the increasing significance of women voters in a democracy. Our study contributes to the existing literature on female empowerment by analysing the role of women as voters. It is a critical area of research as women voters comprise a significant share in any election within India’s representative democracy. And a vote is a formal expression of an individual’s choice for a particular candidate or political party within a democratic system. We find that systematically the gender bias in voting is being reduced, over time and across all states of India. Voluntarily, more and more women electors are actually casting their votes. We interpret these results as a testimony to self-empowerment of women voters in Indian democracy.

Our study contributes to the existing literature on female empowerment by analysing the role of women as voters. It is a critical area of research as women voters comprise a significant share in any election within India’s representative democracy.

But does increased women voter participation have any impact on the electoral outcomes in Indian elections? This is where, we provide empirical evidence of women voters in India as ‘agents of change’. Our analysis shows that women voters have distinct voting behaviour from their fathers and husbands. Using a natural experiment setting, we provide evidence which shows that in the same election, while women overwhelmingly voted for change, the men voted for status quo in the constituencies. The compendium also explores the role of women as political candidates in elections. We have very counterintuitive results which show that women are more likely to contest elections in relatively backwards places with lower sex ratios, rather than progressive places with higher sex ratios in the population. We provide careful reasoning using data from all assembly constituencies across India over 50 years. Finally, we also discuss whether reserving quotas for seats in parliament (and assemblies) will improve the representation of women in India democracy. We show that given the framework of electoral politics, reservations for women is unlikely to have any immediate impact. However, we also make a case for why women’s reservations could be considered a necessary legislative “external shock” which can take Indian democracy towards a more equitable representation of women in the long term.

While it is a positive trend in itself, this increased turnout of women voters in India has not yet converted into greater representation of women at the central or state level. The lack of representation at the Parliament and the State Assemblies comes in the way of highlighting and addressing the grievances of women as a social group. India continues to perform poorly on the United Nations’ Gender Inequality Index, ranked lower than several of her neighbouring countries. These countries have begun to perform better due to several reasons, but also by ensuring reservation of seats for women, recognising them as a historically subjugated class of citizens.

While India gave all its citizens the right to suffrage simultaneously, due to the orthodox and patriarchal set up of the Indian society, women did not emerge as a strong voter constituency. Much of the progress came from the imperatives of designing policy in line with the Fundamental Rights and the non-justiciable Directive Principles of State Policy, for example, equal pay for equal work, safe working environment and maternity leave. The last decade, however, has had a different story unfolding where the 17% gender gap recorded in the Parliamentary election of 1957 has been reduced to little over 1% in 2014. This trend has been complimented with an associated increase in women standing up for elections. This explains the recent surge in states considering or passing bills that target women voters are a witness to this finding, for example, liquor bans, widow pensions and policies targeting girl education in various states.

While the gender gap in voting is closing fast, there remains a significant gender gap in the proportion of voters who voted independently. About two-thirds of women report consulting family, friends or colleagues when considering how to exercise their vote as against just one-third of men. However, the extent of political socialisation is greater among men with many reaching out to people outside of their immediate family. This could possibly explain why women as a group—and by extension their issues— still don’t constitute a vote bank for politicians. The argument is that, since women’s voices and concerns don’t find space in the political discourse, their presence in the political sphere remains marginal even today. The question about what tectonic shifts in the Indian democratic landscape caused a pink revolution of sorts in terms of women turnout continues to be a labyrinth— with a number of factors interplaying with each other. However, it is certain that this silent revolution is no longer going unnoticed by the political parties in India.

While the gender gap in voting is closing fast, there remains a significant gender gap in the proportion of voters who voted independently.

The historic 73rd and 74th constitutional amendments not only embarked India on a route of decentralised governance— a recognition of the fact that governance should be responsive to the local contexts—but also a momentous time for the women in public life. While the 73rd amendment dealt with rural areas and established the three tier Panchayati Raj Institution (PRI’s) , the 74th amendment ensured local governance in urban areas by establishing urban local bodies (ULB’s). The constitutional amendment mandated that at least a third of all members and chairpersons at all the levels of PRI be women. This quota for women further intersected with reservation for people from the historically disadvantaged sections, such as, the scheduled castes (SC’s) and the scheduled tribes (ST’s) resulting in a double-edged emancipation of sorts.

In India’s context, state with greater percentage of rural landscape often also have poor socio-economic indicators, especially, among women. In this compendium, we have a chapter focused on how the magnitude of increase in female voter’s turnout was distributed across states of India. We find that the greatest increase was among the traditionally backward North Indian states. The impact of PRI’s on the various dimensions of political participation of women cannot be discounted. Seeing the positive impact of PRI’s on a number of indicators of female empowerment and the likely impact on the self-perception of leadership skills among women, most Indian states passed state level bill mandating 50% reservation of seats at all levels of PRI for women. Equipping women with leadership skills, however, is simply not enough. The chapter also finds that while there is an increase in agency for women on domestic issues, it does not always translate into greater economic independence. It is encouraging that states like Haryana and Rajasthan have gone so far as to experiment with the minimum qualification for elected women representatives of PRIs. Minimum eligibility norms such as a two-child policy, toilet construction at home, and minimum education up till class 10 for General Category women (class 8 for SC/ST women) will incentivise a progressive change in social norms within local communities. Recently, the Rajasthan government further allowed leprosy patients to contest PRI elections if they met other eligibility criteria. We cannot ignore the fact that as a result of such policies, households and the community at large will be encouraged to keep female children in school which may further result in progressive changes in demographic indicators such a child sex-ratio.

In this compendium, we have a chapter focused on how the magnitude of increase in female voter’s turnout was distributed across states of India.

Moving on to gender inequalities in opportunities, this compendium has two chapters focused on wage gap in the labour market and inequalities in opportunities within the higher education sector of India. A wide gender pay gap is a pinching reality for women across the globe, it is not peculiar to India alone. The extent of discrimination varies across regions and ethnicity. Monster Salary Index finds that Indian women on average earn about a fifth less than men performing the same job. While this is naturally discouraging for a young and aspiring country like India where a large number of women are educated and trained to join the job market, this is also consistent with global trends. Such disparities not only discourage market entry but also strengthen regressive gender norms apart from encouraging gender based occupational sorting–women systematically taking up jobs that are not considered, stereotypically, challenging or competitive; roles that are seen as cut out for women due to the lack of their masculine character, such as, teachers, receptionists, and nurses. Wage parity would encourage a greater number of women to enter the job market besides pulling a number of women out of poverty. Unlike, the private labour market, the government sector has better gender parity of wages. This is also true of the NREGA jobs, of which 30% are reserved for women. There is a growing literature which has studied the impact of this on long term household wellbeing in rural India.

India has a long history of differential gender socialisation leading to a lopsided access and agency over assets. Limiting women to the house for the sake of their safety is associated with perverse spill-overs such as developing lack of their way around the outside world, risk of backlash when stepping out and a general sense of dis-empowerment. The lack of access to opportunities outside the four walls of a house is antagonistic to Sen’s capabilities theory. It is hostile to the idea that every individual should be allowed to develop their natural core competencies such that they become productive assets socially whilst pursuing their individual interests. The limitation of choices is the most punishing at the intersection of rural landscape-poverty and gender. A poor rural woman has to navigate not just the societal norms and the cultural contexts she finds herself in, but also her own conditioned biases vis-a-vis her capabilities. The intersection of these limitations with the imperative of attending to economic needs results in multiple burdens. Lack of training in terms of understanding how to access public services, being able to communicate needs, being able to demand that which is constitutionally and/or legislatively guaranteed—knowing what is guaranteed, making providers of public services accountable to needs are some of the key hindrances such women have to traverse.

Limiting women to the house for the sake of their safety is associated with perverse spill-overs such as developing lack of their way around the outside world, risk of backlash when stepping out and a general sense of dis-empowerment.

Our constitutional forefathers (and mothers) provided for equal pay for equal work in the, non-justiciable but essential for efficient governance, section of the Directive Principles of State Policy (DPSP). The Equal Remuneration Act, 1976, provided legislative muscle to the normative Article 39 of the DPSP. However, equal pay for equal work continues to be elusive in Indian labour market as in most developing economies. Within the domain of unskilled work, the general belief that women aren’t as strong as men and hence unable to do intensive labour work further exacerbates intra-occupational sorting and differential wage.

What are the various means with which we can empower rural poor women? A potential solution, as discussed in a previous chapter on elected women representatives in Panchayati Raj Institutions, may lie in introducing them to the working of local government, the manner in which they could effectively make their demands heard and needs met. Overall, interventions at the rural level to ensure wage parity through the means of leadership skilling seems like an effective policy tool in rural Indian context.

Extending the discussion on gender inequality in opportunities, is the chapter on women in STEM careers (Science, Technology, Engineering, and Mathematics). What happens when women break rigid barriers to enter traditionally “masculine” STEM careers and disciplines? The answer is that their struggle continues, facing subtle and sometimes not as subtle hue of prejudice. The differential gender socialisation, springing from patriarchal social norms, results in not only male experts having little experience of interacting with female experts in the same field but also young girls having a dearth of positive role models in the discipline of their interest. While the industry reality makes it difficult for women to be taken seriously and to grow, its potential spillover is that young girls have trouble identifying themselves as a “scientist”. It seems that this negative feedback loop is key in sustaining the gender gap in STEM careers.

To encourage greater representation of women in science it is pertinent to understand what motivates them to take up research in the first place as well as what helps them stay in research. When trying to understand the common underlying factors that motivate women to take up science, parental support and guidance by mentors stand out. Spousal support emerges as a key factor in helping women stay in research. Further, to ensure institutional growth there is a need to address the “leaky” pipeline effect. It would be germane to not only conduct gender sensitisation of the male-dominated hiring committees but also design policies that encourage healthy representation of women in the power structures of higher education to introduce a balance in such hiring committees. Further, the general lack of willingness to report to female administrators needs to be addressed.

To encourage greater representation of women in science it is pertinent to understand what motivates them to take up research in the first place as well as what helps them stay in research.

If we try to analyse the potential sources of gender gap in STEM disciplines, then one of the key emergent factor that keeps women from growing, in line with their merit, is their role in child bearing. Critical years of professional growth coincide with many personal milestones such as marriage and motherhood. A key realisation is that all dimensions of society– politics, employers, and the families themselves – have to support women in re-entering their disciplines by forming new norm to partake in childcare. Further, discouraging the hiring of a married couple in the same department and the general lack of quality institutions in close geographic contours introduces strains on the marital relations. Since women scientists report that spousal support is key to staying in research, this is a factor that institutional policy should investigate and address. Giving maternity leave, while progressive, is also likely to make hiring women more “costly”. This could have long term distortionary impact on women’s job opportunities. So, we recommend that paternity leaves must be made mandatory along with maternity leaves. This equalises the costs to firms while hiring employees who bear and rear children. This must be treated as a social cost to cover the social benefit of having and raising children in society.

A key realisation is that all dimensions of society– politics, employers, and the families themselves – have to support women in re-entering their disciplines by forming new norm to partake in childcare.

The theory of pipeline with regards to women in positions of power in higher education posits that once there is a large enough pool of women in higher education, they will organically move up to positions of authority and power. Intuitively, it would imply that the first step towards reducing the gender gap in the structures of authority and power in the realms of higher education would be to provide young girls equal access to quality higher education. This way the question is reduced to one of self-selection by talented and capable women that once they gain access to higher education, their merit will take them to the corridors of respect, reputation, and influence. In other words, they will get similar opportunity of growth as their male colleagues and will grow to secure tenured positions in universities, hence, securing themselves academic growth and financial stability.

Historical data shows that the representation of women has both grown in numbers and percentage in terms of access to higher education. Women now form approximately 50% of all enrolment in higher education in India. However, they continue to be poorly represented among instructors at institutes of higher education in India. This would imply that there is a gendered progression where women seem to be filtered out. Besides, there is a growing casualisation of the profession—being appointed as ad-hoc and temporary teachers—and it is here that women instructors seem to achieve parity with their male peers. Women hold about a quarter of full tenure positions in the United States and the story is little different in the central and state universities in India. However, the key difference is that the United States has gained near parity at the entry level, Associate Professor, positions whereas only 40% of Associate Professors in India are women.

Historical data shows that the representation of women has both grown in numbers and percentage in terms of access to higher education. Women now form approximately 50% of all enrolment in higher education in India.

The curious case of missing women in the corridors of power in the Indian central and state universities becomes all the more acute when we consider the radical impact of Women Studies centres that were set up during the time of “emergency in 1975”1. These centres, based in Indian central and state universities, have historically challenged many established academic traditions, including application of western theoretical models to Indian context without regard to socio-cultural differences. Further, they spearheaded the academic inclusion of the often ignored, but important in India’s development agenda, sections of society that found themselves at the intersection of gender, caste, class, religion, and different geographic settings. However, there was little investigative work, leave alone rigorous analysis, in terms of the gendered power structures within universities where they were housed.

When it comes to leadership roles, women seem to be best represented as college principals of undergraduate colleges followed by directors of research institutes (17 percent, ~4000 in actuals). The trend holds in the United States as well wherein women seem to perform better at Community Colleges and Baccalaureate levels versus doctoral institutes of prestige. With women representing just nine percent of all Vice Chancellors (~500 in actuals) in India the question arises– What holds women back and what are the policies to lower the costs of entry for women leaders. Some of these questions have been addressed in the chapter on women in STEM careers.

The final chapter in the compendium addresses the case of Children in street situation (CSS) which refers to any minor associated to the street, such as, homeless children, children living in slums, and children begging on the roads. A child can land in a street situation in varying degrees and due to a multitude of reasons. These range from a child going missing, to a child being abandoned, from a child escaping a situation of domestic servitude to a child begging on streets, and from a child being orphaned to a child being born in a street community. Hence, the degree of engagement with the street itself varies from child-to-child depending upon the unique circumstances which lands a child in a street situation. Girls in street situations, albeit a minority amongst street children, are the extremely vulnerable section with multiple risk factors at play. International data reflects a higher probability of young boys landing up on the street as they are encouraged to be independent from a young age while the nature of socialisation of girls often limits them to the house. However, given the vulnerability involved, young girls tend to have far worse health and education outcomes compared to similarly situated boys. These girls are extremely vulnerable in that they are at a risk of not just physical violence, as most boys, but also an increased risk of sexual violence, servitude, and stereotypical stigmatisation. Hence, street connected girls have to cope with the double burden of their “street” status and its interplay with their biological gender.

Girls in street situations, albeit a minority amongst street children, are the extremely vulnerable section with multiple risk factors at play.

The United Nations Convention on Child Rights is a step in the right direction. It emphasises the rights of children as citizens – to give children participatory rights, to be heard as individuals in their own right over and above their needs as a vulnerable section being highlighted. In the spirit of such discourse, it is pertinent that policy neither encourages compulsory family reunification nor child institutionalisation without taking into account the unique circumstances of each child. In furtherance of India’s accession to the UN Convention on Child Rights, India enacted the Juvenile Justice Act, 2015. It’s a child friendly law that provides for care and protection for children in need in India. It is important to initiate a gendered discourse on the adversities faced by street connected girls to highlight the hardships and vulnerabilities to document the extent of their social exclusion which then feed into their personal coping mechanisms. Additionally, street girls see teen-pregnancy, marriage out of wedlock, and marriage in general as a safe exit route from their association with the street. Decades of health policy targeting young mothers also ensure that such girls finally have access to institutionalised care.

This compendium has been curated with an objective to capture some contemporary gender issues within modern Indian economy. They range from political representation, women in leadership positions, labour market opportunities as well as identifying the extremely vulnerable women in our society. Each chapter is followed by policy recommendations by Brookings India on the identified topic within the chapter. Some recommendations lend to immediate implementation and impact, while others are more in the nature of long term policy nudges which can take India towards a more gender balanced future of shared growth and prosperity.

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Rahul Tongia, Anurag Sehgal, Puneet Kamboj

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Saneet Chakradeo

August 18, 2020

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Feature story

Beyond transgender visibility: india works toward employment equity.

31 March 2023

Ratrish Saha is a transgender woman from Kolkata, India.

Ratrish Saha is a transgender woman from Kolkata, India. Even with seven years’ work experience, she was anxious about applying for a new job last year. 

“Finding a job is never easy being a transgender woman. I would get rejected with statements like ‘currently no LGBT hiring is going on’ or ‘we do not have facilities to accommodate a trans individual in our office’,” she recalled. But through the Transgender Welfare Equity and Empowerment Trust or TWEET Foundation, she was paired with suitable opportunities in corporations that have received sensitivity training. She soon landed the position of associate consultant for Siemens Technology in Bangalore. 

She said of the interview process: “I only talked about my skills and no gender explanations were included in those conversations.” An ecstatic Ms. Saha says she is “grabbing the opportunity… putting my all into it”.  

Transgender people in India now have a new pathway toward dignified work thanks to a collaborative effort between communities, government and development partners.

Ahead of the International Day of Transgender Visibility, the UNAIDS Country Office for India and United Nations Development Programme (UNDP) supported the Trans Employment Mela (Job Fair) in New Delhi. The initiative was jointly hosted by the National Institute of Social Defence, Ministry of Social Justice and Empowerment,  TWEET Foundation and In Harmony, a diversity consulting firm. 

The programme aims to accelerate the socio-economic inclusion of the trans community by bringing awareness about their issues to mainstream corporations and providing a platform to connect them with job roles in inclusive organisations.  

“Not only does this approach provide an opportunity for dialogue between government representatives, civil society organisations, and businesses, but it facilitates access to skills training, career counselling, entrepreneurship support and mentorship support,” Maya Awasthi, Co-Chair and Co-founder of TWEET Foundation explained. 

India’s 2019 Transgender Persons (Protection of Rights) Act prohibits employment discrimination against trans people in either the public or private sectors. While stakeholders point to aspects of the law that could be strengthened, they acknowledge that the wide-ranging anti-discrimination provision creates a pathway toward building a more inclusive culture and pursuing redress when rights are violated. 

Addressing employment access inequality is relevant to the HIV response. In 2021 HIV prevalence among transgender people in India was 3.8%, almost 20 times the national average. A study commissioned by India’s National Human Rights Commission found that in 2017 just six percent of transgender people were formally employed in either the private or non-governmental organisation (NGO) sector. About 5% engaged in sex work and domestic labour respectively. Thirteen percent sold food and other items while 11% reported begging.  

“There are many ways in which higher paying and consistent work can reduce HIV vulnerability,” explained UNAIDS Country Director for India, David Bridger. “By addressing the inequalities that have unfairly pushed trans people away from opportunities, we can help build a more empowered community in which people fulfil their potential, enjoying better health and wellbeing in the process.” 

The 2017 Human Rights Commission study found that around half the transgender population never attended school. Several development partners are supporting initiatives to provide the community with education opportunities in a stigma-free environment as well as skills training to promote self-reliance. 

Aarav Singh is a transman who had been out of work for six months. He was able to score a human resource internship at Roop Automotives through the Trans Employment Mela.  

“This is a sensitised, trans inclusive organisation where I've faced zero issues with documentation. Not only me but my friends have scored great opportunities with some of the leading trans inclusive companies,” he said. “I hope this continues.” 

But while the Trans Employment Mela beneficiaries acknowledge the community dimension of their challenge, in other respects they feel like any other hopeful young professional or recent graduate.  

Yumnam Thawalngamba Meetei completed an MBA in 2022 but found it difficult to get a management position “or even a small job”.  

“With the help of TWEET Foundation I got into Mahindra Logistics Limited as an Executive for Talent Management and Organisational Development in Mumbai. I am thankful for this job to pave a path for my success,” he said. 

Region/country

• Asia and Pacific

Related: Healthcare access is fraught for trans people in Asia and the Pacific. Communities are working to change this.

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Haiti’s crisis exacerbates vulnerability of people living with and affected by HIV. UNAIDS committed to continuing to provide support to people in need.

27 March 2024

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NHRC issues an Advisory to ensure welfare of Transgender Persons

Press release

National Human Rights Commission

New Delhi, 26th September, 2023

Treat single transgender child of a deceased government employee or pensioner as an unmarried daughter for the purpose of 'family pension' and other benefits

Allow Transgender Persons to inherit ancestral agricultural land besides the inclusion of ‘Third Gender’ in civil services jobs

Free sex reassignment surgery in government hospitals or grant for the same recommended

Provisions be made for separate washrooms for Transgender Persons in all public places

The National Human Rights Commission, NHRC, India, headed by Justice Shri Arun Mishra issued an Advisory to the Central and State governments and UT Administrations to ensure the welfare of Transgender Persons. The Commission has prepared this Advisory after wide discussions with various stakeholders and its Core Group members on LGBTI issues.

The rights of Transgender Persons have gained recognition and legal validity through the enactment of the Transgender Persons (Protection of Rights) Act, 2019, which aims to safeguard and uphold their rights.

In the Advisory, the Commission has observed that one of the primary concerns faced by Transgender Persons in the country is that despite the legal advancements, they continue to grapple with discrimination at various places like employment disparities, limited access to healthcare, and exclusion from social circles.

The Commission, in a letter to the Secretaries in the Department of Social Justice & Empowerment and Ministry of Corporate Affairs, Chief Secretaries of States and Administrators of Union Territories, has asked for the implementation of its recommendations in letter and spirit, and sought Action Taken Report within two months.

The Advisory has focused on six key areas for action by the Centre, States and UT Administrations to ensure transgender persons get access to education, healthcare, employment, inclusivity, welfare, and grievance redressal.

Some of the important recommendations, among others, are as follows;

• Single trans child of a deceased government employee or pensioner, may be treated as an unmarried daughter for the family pension and other benefits;

• Transgender persons should be allowed to inherit ancestral agricultural land;

• Multi-purpose identity cards may be provided to the Transgenders to help the access government schemes and other benefits;

• The Insurance Companies may be advised to consider and accept the Transgender Certificate issued by the appropriate authority for document verification purposes;

• The concerned Ministry should ensure the timely release of the funds allocated to Garima Greh;

• Set up Transgender Welfare Board under the Section 10(1) of the Transgender Persons (Protection of Rights) Rules, 2020;

• Reach out to the family member of Transgenders through Anganwadi workers to sensitize them about trans-children public to be sensitized through educational campaigns;

• Establish a Transgender Protection Cell under the Director General of Police or his/ her nominee in the State to monitor cases of offences against Transgender Persons;

• Adequate steps may be taken to deal with the complaint of sexual harassment of Transgender persons;

• A policy should be formulated to address the issues of violence, discrimination and harassment at educational institutions by protecting gender non-conforming students from bullying, harassment or other forms of violence;

• An anti-discrimination cell must be set up at the district level for Transgender persons, and ensure the setting up of a monitoring committee at educational institutions to address the issues of prejudices, discrimination, sexual abuse and other violence against them;

• Transgender students should not be discriminated against in higher studies, and suitable provision for providing financial assistance to them for pursuing degree/ diploma/ PG courses may be ensured. Provision of scholarship and free education for Transgender students also be formulated;

• Medical boards at the district level should be set up to assist Transgender person in consultation, besides provisions in every district civil hospital for consultation, treatment, counseling for sex reassignment surgery;

• A provision for a suitable amount to be made for those who want to opt for a sex change or free sex reassignment surgery in government hospitals;

• Include ‘Third Gender’ as an identity category of the Transgender community seeking jobs in various civil services and to enable them to apply and appear in entrance examinations. Besides, wide publicity is to be given to the National Career Service Portal amongst the Transgender community;

• Sensitization programmes for other employees on sexual orientation and gender identity may be organized regularly. A Grievance Redressal Cell having at least one Transgender Person be set up in the organizations wherever they are employed to deal with their issues;

• Forms which require candidates to indicate their sex must provide ‘Third Gender’ as a category in the options;

• All public places should have separate washrooms for Transgender Persons. Provide an exclusive platform for transgender persons to showcase their talent in cultural events and also to consider Old age home facilities for the transgender community;

• The Ministry of Corporate Affairs may consider incorporating welfare activities of Transgender Persons explicitly in Schedule VII of the Companies Act, 2013, which provides the list of activities that can be included for making expenditures for Corporate Social Responsibilities (CSR) activities.

For more details, CLICK the link:

Transgender Community and Their Welfare in India

The National Human Rights Commission (NHRC) issued an advisory to the Centre, States and UTs to ensure the welfare of transgender persons.

Table of Contents

Context: The National Human Rights Commission (NHRC) issued an advisory to the Centre, States and UTs to ensure the welfare of transgender persons.

Key Highlights of the NHRC’s Advisory

• Discrimination Concerns: The NHRC notes that despite legal reforms , transgender individuals in India still face discrimination, which leads to disparities in employment opportunities, limited access to healthcare, and exclusion from social circles.
• Family Pension: The advisory suggests that a single transchild of a deceased government employee or pensioner should be treated as an unmarried daughter for the purpose of family pension and other benefits.
• Inheritance Rights: Transgender persons should be allowed to inherit ancestral agricultural land, according to the advisory.
• Identity Card: The NHRC recommends providing a multi-purpose identity card to transgender individuals. This card can help them access government schemes and other benefits more easily.
• Insurance Acceptance: Insurance companies are advised to consider and accept the Transgender Certificate issued by the appropriate authority for document verification purposes.
• Timely Release of Funds: The NHRC urged the government to ensure the timely release of allocated funds for the Garima Greh shelter scheme.
• Implementation and Reporting: The NHRC has asked the stakeholders to implement its recommendations effectively and submit “action-taken” reports within two months.

About Transgenders

• According to the World Health Organization, Transgender is an umbrella term for people whose gender identity and expression does not conform to the norms and expectations traditionally associated with the sex assigned to them at birth.
• They are referred to as transsexuals if they desire medical assistance in order to make the transition from one biological sex to another.
• The highest proportion of the trans-gender population, about 28%, has been identified in Uttar Pradesh followed by Andhra Pradesh, Maharashtra, Bihar, Madhya Pradesh and West Bengal.
• In India, there are a wide range of transgender related identities which includes the Hijras, Aravanis, Kothis, Jogtas/ Jogappas, Shiv Sakthis.

Challenges Faced by the Transgender Community

• Discrimination: They experience discrimination at work, in educational institutions, and in their own homes, which negatively impact their well-being.
• Social Stigma: Transgender individuals often face social stigma and exclusion, making it difficult for them to adopt children, inherit property, or access basic rights and services. They may be marginalized and forced into menial jobs or pushed into sex work as a result of limited opportunities.
• Unemployment: Due to the associated societal stigma, the community has few employment options and experiences severe discrimination at work.
• Lack of public amenities: They have trouble accessing public restrooms and other public areas. In hospitals, schools, and prisons, they frequently encounter issues.
• Gender-based violence: Transgenders are often subjected to sexual abuse, rape and exploitation.
• Healthcare Disparities: Transgender people often encounter challenges in accessing adequate healthcare services that are sensitive to their specific needs.
• Lack of Representation: They are often underrepresented in media, politics and governance and are not included in mainstream society. This can make it difficult for them to have their voices heard and for their needs to be addressed.

Transgender rights in India

• The court held that all transgender persons are entitled to fundamental rights under Article 14 (Equality), Article 15 (Non-Discrimination), Article 16 (Equal Opportunity in Public Employment), Article 19(1)(a) (Right to Free Speech) and Article 21 (Right to Life) of the Indian Constitution.
• In 2020, the parliament legally recognized ‘transgender’ as an official gender in India.
• Liberty to Choose Sexual or Gender Identity: In the case of G. Nagalakshmi v. Director General of Police (2014), the Madras High Court observed that in the absence of any special law, any person has the liberty to choose their sexual or gender identity and upheld the petitioner’s right to choose their own gender.
• Right to Privacy: In Puttuswamy v. Union of India (2017), the Supreme Court noted the constitutional right to privacy inherent in the right to life, equality and fundamental freedoms. This includes the right to have intimate relations of one’s choice and the right to sexual orientation and gender identity.
• Decriminalisation of Section 377 of IPC: In Navtej Singh Johar v. the Union of India (2018), the Supreme Court (SC) decriminalised homosexuality by striking off parts of Section 377 of the Indian Penal Code (IPC) which were held violative of Fundamental Rights of LGBTQ Community.

Transgender Persons (Protection of Rights) Act, 2019

The Act aims to end discrimination against transgender persons in accessing education, employment and healthcare. Key Provisions of the Act Include:

• It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
• Intersex variations are defined to mean a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.
• Prohibition against discrimination: The Act prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is.
• If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.
• Every establishment is required to designate a person to be a complaint officer to deal with complaints in relation to the Act.
• Education: Educational institutions funded or recognised by the relevant government shall provide inclusive education, sports and recreational facilities for transgender persons, without discrimination.
• The government shall review medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.
• Certificate of identity for a transgender person: A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
• Offences and penalties: The Act recognize the following offences against transgender persons: (i) forced or bonded labour (excluding compulsory government service for public purposes), (ii) denial of use of public places, (iii) removal from household, and village, (iv) physical, sexual, verbal, emotional or economic abuse.  Penalties for these offences vary between six months and two years, and a fine.
• Union Minister for Social Justice (Chairperson);
• Minister of State for Social Justice (Vice- Chairperson);
• Secretary of the Ministry of Social Justice;
• one representative from ministries including Health, Home Affairs, and Human Resources Development.
• Other members include representatives of the NITI Aayog, and the National Human Rights Commission.
• State governments will also be represented.
• The Council will also consist of five members from the transgender community and five experts from non-governmental organisations.

Initiatives for Transgender Community in India

• Counseling, basic documentation, education, skill development, financial assistance to transgender students.
• Composite medical health and setting up of Garima Grehs in each state for providing shelter facility for abandoned and orphaned transgender persons.
• Transgender protection cells in India for providing quick redressal of offences & crimes against transgender persons.
• A ‘Gender-Inclusion Fund’ will be constituted under the new policy to build the nation’s capacity to provide equitable quality education for all girls as well as transgender students.
• PM-DAKSH: The Ministry of Social Justice and Empowerment is imparting skill development training to the Transgender beneficiaries of the SMILE Scheme through PM-DAKSH.

State laws to protect the transgender population:

• Odisha – ‘Sweekruti’:  To secure the rights of transgender persons and ensure equitable justice. Skill up-gradation, legal aid, health care provision.
• Kerala: Transgender policy in 2015, Schools, Justice board for welfare of transgenders, Fully Transgender run metro station, G-Taxis: entirely owned and run by transgenders, free sex-reassignment surgeries.
• Tamil Nadu: Transgender welfare policy, free surgeries, the first state to form a Transgender board with members from the community.
• Chandigarh: Transgender board comprising members from all departments viz., police, health, social welfare, education and the law department.

Way Forward

• To recognize the transgender community as an essential part of societal life, there needs to be widespread sensitization, beginning at the school level.
• Education: It’s crucial to develop an efficient system for educating students at colleges and universities on the needs and makeup of the transgender community.
• Financial Security: To begin their career as an entrepreneur or businessman, it is important to guarantee liberal credit facilities and financial help.
• Employment: Plans and initiatives should focus on enhancing the skills of transgender communities. The hiring, retention, and promotion processes must successfully abide by anti-discrimination policies.
• Transgender-Inclusive Policies: Legal and the law enforcement systems need to be empowered and sensitized on the issues of Transgender community.

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Essay on Voting Rights in India: 500 Words in English for Students

• Updated on  
• Apr 18, 2024

Voting rights are essential to India’s democracy . They allow every Indian citizen who is 18 or older to cast their vote in their respective constituency. In India, gaining the ability to vote at the age of 18 signifies a substantial turning point in adulthood and civic duty. This guarantees that young adults will have the chance to participate in the country’s political process as adults by choosing their representatives and casting ballots for the causes they believe in. Today, we will be discussing an essay on voting rights in India. Stay tuned!

Table of Contents

• 1.1 History of Voting Rights
• 1.2 Universal Adult Franchise
• 1.3 Importance of Voting Rights
• 1.4 Conclusion
• 2 Additional Reads: Definition and Significance of Voting Rights 

Essay on Voting Rights in India in 500 Words

As the country moves towards becoming an open and participatory democracy, India’s voting rights have changed dramatically over time. Voting rights in India have a rich history that highlights democratic government and equality, from the pre-independence struggle to the introduction of universal adult franchises.

History of Voting Rights

Voting rights were a highly contentious matter before independence. Mahatma Gandhi advocated the practice of universal voting during the national freedom struggle . He, along with other nationalist leaders, saw voting as an essential civic obligation for all residents as well as a political right. 

The foundation of this campaign was the belief that for India to become a genuinely democratic country, every person should be able to cast a ballot, irrespective of gender, caste, or creed.

As a direct result of their work, independent India accepted the Universal Adult Franchise (UAF). All adult Indian citizens now have the right to vote, irrespective of their social or economic status, thanks to the 1950 passage of the Indian Constitution . This action was uncommon in a post-colonial nation where extreme poverty and a dearth of knowledge were the norm.

Quick Read: One Nation One Election Essay

Universal Adult Franchise

India adopted a universal adult franchise. Every citizen, who is 18 years of age and above irrespective of their caste or education, religion, colour, race, or economic conditions, is free to vote.

India’s adoption of UAF was a landmark decision, setting it apart from many other nations. Unlike countries that restricted voting rights based on property ownership or educational qualifications, India embraced the principle of “one person, one vote” from its inception. This bold step reflected the commitment to inclusivity and empowerment of its diverse population.

Several other democracies, inspired by India’s example, also transitioned towards a universal adult franchise, recognising its inherent fairness and representation of the people’s will.

Importance of Voting Rights

The importance of voting rights in India cannot be overstated:

• Expressing Sovereignty: One of the main ways that citizens can exercise their sovereignty is through voting. Voting allows people to directly influence the policies and governance of their nation.
• Ensuring Representation: Voting promotes inclusion and social justice by guaranteeing that the government reflects the varied interests and goals of the whole population.
• Leader Accountability: Political leaders are answerable to the people through elections. The public interest is the mandate of elected politicians, who are subject to democratic processes for replacement.
• Strengthening Democracy: By encouraging civic involvement, political understanding, and a sense of duty among citizens, voting helps to reinforce the democratic fabric.

Voting rights have evolved in India from being a distant ideal to a vital aspect of democracy. India has developed into one of the biggest and most active democracies in the world, thanks to Gandhi’s idea of adult universal voting rights and its implementation. Voting rights are important because they affect the destiny of the country and go beyond just the act of casting a ballot. Voting rights must be preserved and improved in India as it navigates its democratic transition to create a society that is more just and equal.

Quick Read: Essay on the Role of Youth in Nation-Building

Additional Reads: Definition and Significance of Voting Rights 

• Voting rights are fundamental to democracy, ensuring citizens’ participation in governance and decision-making processes.
• They empower individuals to have to say in electing representatives who will shape the policies and laws.
• Voting rights promote inclusivity by allowing every eligible adult to contribute to the democratic process. 
• They are essential for holding leaders accountable and promoting transparency in governance.
• By exercising voting rights, citizens express their sovereign authority and influence the direction of their nation.
• Voting rights are a cornerstone of civil liberties, reflecting the principles of equality and political freedom.
• They enable citizens to voice their concerns, preferences, and aspirations through the ballot box.
• Voting rights have historically been championed as a means to achieve social justice and progress.
• They encourage civic engagement and political awareness among the population.
• Ultimately, voting rights empower individuals to actively participate in shaping the future of their communities.

#RollToPoll ✨🙌 Follow these simple steps,from verifying your name in the Electoral roll to casting your vote at polling stations. Watch this step-by-step video guide.👇 #LokSabhaElections2024 #ECI #ChunavKaParv #DeshKaGarv #Elections2024 pic.twitter.com/0rH8O1KWyC — Election Commission of India (@ECISVEEP) April 4, 2024

Ans. Election processes and complex constitutional arrangements make up electoral systems . The vote is transformed into a political decision by these elaborate voting procedures and constitutional structures.

Ans. Elections certainly contribute to limiting the authority of political leaders. This is a result of the fact that political leaders cannot afford to mistreat the public for fear of losing elections.

Ans. In India, the age of eighteen signifies the start of voting.

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JK Rowling slams 'Harry Potter' stars for backing trans rights

The 'harry potter' stars daniel radcliffe and emma watson have taken a firm stance in support of transgender rights. author jk rowling has called them out in her latest social media post..

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• JK Rowling criticises former Harry Potter stars Daniel Radcliffe, Emma Watson
• Rowling first sparked controversy with anti-transgender remarks in 2017
• Radcliffe, Watson have earlier expressed support for transgender rights

Renowned author JK Rowling has once again stirred controversy, this time, directing her criticism towards former Harry Potter stars, Daniel Radcliffe and Emma Watson.

Just waiting for Dan and Emma to give you a very public apology ... safe in the knowledge that you will forgive them ... — Adam Harris #FarRightHooligan (@StAustellAdam) April 10, 2024

"Celebs who cosied up to a movement intent on eroding women's hard-won rights and who used their platforms to cheer on the transitioning of minors can save their apologies for traumatised detransitioners and vulnerable women reliant on single sex spaces," Rowling wrote.

In June 2020, JK Rowling ignited public discourse as she wrote an essay criticising transgender rights. "I refuse to bow down to a movement that I believe is doing demonstrable harm in seeking to erode 'woman' as a political and biological class and offering cover to predators like few before it," a section of her essay read.

Daniel Radcliffe, popular for his portrayal of Harry Potter in 'Harry Potter' movies, took a firm stance in support of transgender rights. In an essay for the Trevor Project, he affirmed, "Transgender women are women."

I want my trans followers to know that I and so many other people around the world see you, respect you and love you for who you are. — Emma Watson (@EmmaWatson) June 10, 2020

"I want my trans followers to know that I and so many other people around the world see you, respect you and love you for who you are," she added in another post.

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War in Gaza Causes Surprising Rift Within Japanese American Group

Activists in the Asian American community are pressuring organizations to re-evaluate their partnerships and to call for a cease-fire.

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Reporting from Washington

In the 1970s, leaders at the Japanese American Citizens League, one of the oldest and largest Asian American civil rights organizations, felt the prospect of reparations for their wartime incarceration was out of reach.

Many Americans knew little about how the government had imprisoned more than 120,000 people of Japanese descent, most of whom were American citizens, during World War II. Large civil rights organizations were preoccupied with the broader fight for gender and racial equality, and even other Asian American groups were reluctant to support reparations.

Then came a surprising endorsement from the American Jewish Committee. It was the start of a decades-long bond between two of the country’s most established Jewish and Japanese American civil rights groups — a relationship cherished by both of their communities.

But a new generation of Japanese Americans is now pushing to sever ties with two prominent Jewish American organizations. In a recent letter , a group of mostly young activists calling themselves Nikkei4Palestine urged the Japanese American Citizens League to take a stronger stance in support of Palestinians by calling for an immediate cease-fire in Gaza and renouncing affiliations with Jewish groups they labeled “Zionist.”

It was the latest example of how the Israel-Hamas war has roiled cultural and political institutions far beyond the Middle East, and not just among groups with direct ties to the region. While most Japanese Americans vote Democratic , an increasingly vocal generation of young activists is trying to push their parents’ and grandparents’ civil rights group further to the left.

The Nikkei4Palestine leaders wrote in late December that the American Jewish Committee and the Anti-Defamation League had promoted human rights “while consciously omitting calls for equal and fair treatment of Palestinians” and conflating any criticism of Israeli government policies with antisemitism. They argued that Japanese Americans were being complicit with the Israeli military attacks in Gaza by standing with those organizations and not denouncing U.S. financial support for Israel.

“I think it is important to help build bridges,” Riki Eijima, 26, one of the letter’s organizers, said in an interview last month. “I think you can also hold your colleagues accountable.”

In the letter, the activists called Israel’s actions in Gaza — which have killed more than 33,000 people, according to Gazan health authorities — a “genocidal campaign.” They drew a comparison between the mass incarceration of Japanese Americans and the dire living conditions that Palestinians in Gaza experienced before the war.

“In our community, we often say ‘never again,’” they wrote in the letter, which has been signed by more than 360 people, including many young J.A.C.L. members. “But we must ask, ‘never again’ for whom?”

Many older members believe the situation is more complex. They reasoned in meetings that Japanese Americans had a unique understanding of what it was like to be blamed for the actions of a country that was not their own. Denouncing Israel, they worried, would only inflame the hatred amid reports of rising antisemitism and Islamophobia across the United States.

And, they argued, the American Jewish Committee’s unexpected support helped to change the tide of their movement and paved the way for the Japanese American community to secure redress in 1988, which gave $20,000 in reparations and a formal apology to those who were incarcerated during World War II. The Anti-Defamation League, another prominent Jewish organization, had also provided crucial backing.

How could the Japanese American community turn its back on those same groups now?

“There’s no reason the A.J.C. or the Jewish community had to be concerned about the redress campaign,” recalled John Tateishi, 84, an incarceration camp survivor and community leader who helped spearhead the effort and the author of “Redress: The Inside Story of the Successful Campaign for Japanese American Reparations.” “I think they felt a kind of obligation because they understood our experience.”

Community leaders are as mindful of the political arithmetic as they are about values. Japanese Americans constitute only 0.4 percent of the country’s population and has to build coalitions to have influence, leaders said.

“The reality is that Asian Americans remain a very small part of this country, and it’s only by working with members from these other communities that we can truly make progress on things,” David Inoue, the league’s executive director, said.

The Nikkei4Palestine activists urged their community to seek partnerships with Palestinian American and Muslim American groups, along with Jewish organizations calling for a cease-fire, such as Jewish Voice for Peace and IfNotNow. The activists accused the Anti-Defamation League and American Jewish Committee of hurting marginalized communities and falsely labeling any critic of Israel as an antisemite.

In separate statements, the two prominent Jewish groups rejected the accusations, citing their decades-long efforts fighting antisemitism and all forms of hate and bigotry. The American Jewish Committee called the activists “a fringe minority” that was “seeking to sever relationships while oversimplifying extremely complex issues rather than engaging in thoughtful discussion.”

Jewish American organizations have long said they believed their fate as a minority group was tied to that of other communities of color. Jonathan Greenblatt, the head of the Anti-Defamation League, said that organizations should be able to work together without being aligned on every issue.

“I don’t say, ‘Let me sit back and review all the particular policy decisions of all the organizations we work with,’” Mr. Greenblatt said in an interview.

The Israel-Hamas war has widened divisions in other Asian American communities, with members likewise viewing the Middle East crisis through their own experiences. In the South Asian community, for example, pro-Palestinian progressive organizations have drawn parallels between the ideology of a Jewish state and Hindutva, a Hindu nationalist agenda espoused by Prime Minister Narendra Modi of India. Other groups have taken a more pro-Israel stance, seeing a connection between antisemitism and anti-Hindu sentiment.

Founded in 1929 as an advocacy organization for Japanese Americans, the Japanese American Citizens League has been a hub to connect and learn about the community’s culture and history. Today, the San Francisco-based group has more than 8,000 members, with 99 local chapters across the country as well as offices in Washington.

Over the years, the league has supported other vulnerable communities. It was one of the first organizations to condemn bigotry against Muslim Americans and Sikhs after the Sept. 11 attacks, speaking with the authority of Americans who had unfairly been demonized during World War II.

It spoke out again when former President Donald J. Trump banned immigration from a group of Muslim-majority countries, recalling the nation’s history of exclusionary acts against immigrants from Japan and China. And it has been active in helping the Black community seek reparations for slavery and Jim Crow.

Activists said the league’s outsize influence was precisely why they were pressing the group to do more.

“We were talking about all the ways that large Japanese American organizations that very much do have a lot of power have not been saying anything, most prominently, the J.A.C.L. ,” said KC Mukai, 24, a young Japanese American and third-generation group member who helped draft the open letter. The letter has prompted discussions in several of the group’s meetings, with the divide mostly falling along generational lines.

In presenting their case, the younger members reminded leaders that the Japanese American Citizens League had been on the “wrong side of history” at least once before. During World War II, the organization’s leaders — after failing to prevent the government’s incarceration order — felt they had no choice but to advise the community to cooperate. They also ostracized draft resisters of conscience and feared that resistance could result in even harsher conditions for the larger Japanese American community. (The league later issued a formal apology to the resisters.)

“I think our community sometimes forgets that we have that history of resistance to incarceration as well,” Ms. Mukai said.

The issue will most likely be hashed out at the group’s annual convention in Philadelphia in July. In the meantime, the activists have vowed to keep up the pressure campaign.

Mr. Inoue, the executive director, said that the membership was more divided than it had been in decades.

“It’s been upsetting,” Mr. Inoue said.

Then he paused. “Actually, I take that back,” he said.

While the conversations had been difficult and, at times, confrontational, there seemed to be a genuine desire among members to listen actively and understand where others were coming from, Mr. Inoue said.

“It’s important,” he said. “It’s why we value democracy in this country.”

Amy Qin writes about Asian American communities for The Times. More about Amy Qin

Our Coverage of the Israel-Hamas War

News and Analysis

Gazans released from Israeli detention described graphic scenes of physical abuse  in testimonies gathered by U.N. workers, according to a new report.

Britain, the United States, France and other allies of Israel have voiced their anger over the death toll in Gaza, but when Iran launched a missile barrage at Israel, they set it aside . At least for the moment.

The Israel pavilion at the Venice Biennale is closed this year, since its creative team decided not to exhibit work  until there was a cease-fire and hostage deal in Gaza, but it was nonetheless the site of a large demonstration .

A Surprising Rift: The Israel-Hamas war, which has roiled cultural and political institutions far beyond the Middle East, is causing divisions in a prominent Japanese American group .

Mobilizing the American Left: As the death toll in Gaza climbed, the pro-Palestinian movement grew into a powerful, if disjointed, political force in the United States . Democrats are feeling the pressure.

Riding Rage Over Israel: Jackson Hinkle’s incendiary commentary  has generated over two million new followers on X since October — a surge that some researchers say is aided by inauthentic accounts by the online celebrity.

Psychedelics and Trauma: Thousands of festival-goers were using mind-altering substances when Hamas-led fighters attacked on Oct 7. Now, scientists are studying the effects of such drugs at a moment of trauma .