Transgenders and conversion therapy

12
transgenders

News Highlight

The Madras High Court prohibited conversion therapy of transgenders in S. Sushma vs. Commissioner of Police (2021).

Key Takeaway

  • The National Medical Commission has directed all State Medical Councils to ban conversion therapy under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

What is conversion therapy?

  • Conversion or reparative therapy is an intervention aimed at changing an individual’s sexual orientation or gender identity with either psychiatric treatment, drugs, exorcism or even violence to make the individual a heterosexual.

Transgender and LGBTQ

  • According to the World Health Organization,“transgender” is an umbrella term for people whose gender identity and expression do not conform to the norms and expectations traditionally associated with the sex assigned to them at birth. 

Transgender Population in India

  • The total population of transgender people in India is 4.8 million. [Census 2011]

Challenges Faced by the Transgender Community

  • Isolation and Discrimination:
    • The transgender community faces discrimination across all sectors of life.
    • For example, their parents often disown them, and their right to residence is abridged.
  • Violence:
    • They are often subjected to physical, sexual, verbal, emotional, and economic abuse.
    • For example, forced or bonded labour and human trafficking.
  • Education:
    • They discriminate in admission, mistreatment in schools, and deny access to toilets and other gender-specific areas.
    • As per the 2011 census, their literacy rate is 44%.
  • Lack of political representation:
    • There is a women’s 33% reservation provision in the Panchayat election but no such reservation for transgenders.
    • The transgender population is 4.8 million, as per the 2011 census. Six transgender candidates contested in the 2014 and 2019 general elections in the Lok Sabha, but none got elected.
  • Economic issues:
    • High rate of unemployment and poverty, hiring biases, on-the-job discrimination, and wage inequality lead them to prostitution and crime.

Steps Taken

  • Article 15:
    • The State shall not discriminate against any citizen on the grounds only of religion, race, caste, sex, and place of birth or any of them.
  • Transgender Persons Act, 2019:
    • The Act defines a transgender person as one whose gender does not match the gender assigned at birth.
    • The Act ensures the right to reside with parents and immediate family members.
    • The Act also prohibits discrimination in various sectors such as education, employment, healthcare etc.
  • Decriminalised homosexuality:
    • The Supreme Court of India decriminalised homosexuality in its landmark judgment in Navtej Singh Johar & Ors vs. Union of India (2018).
  • Transgender Protection Cell:
    • Every state government will also have to set up a Transgender Protection Cell under the District Magistrate and Director General of Police to monitor offences against transgender people.
  • Kerala government:
    • It was the first state to enact a transgender policy in 2015. It also announced reservations in higher educational institutions for transgenders.
  • Tamil Nadu government:
    • It constituted the Aravanis Welfare Board in 2008 to provide pensions for the community. 
    • Transgender people can also join police services in the state.

Way forward

  • The Need for Further Reforms:
    • Demands for progressive laws like same-sex marriage laws, inheritance, employment equality, and protection from gender-identity-based discrimination should be addressed.
  • Employment:
    • Workplace anti-sexual harassment policies should be transgender-inclusive.
  • Sensitisation and Awareness:
    • To deal with stigma by including them in school books, media, etc.
  • Best Practices:
    • Kochi Metro hired transgender people into their workforce as a measure to empower them.
    • Ireland legalised same-sex marriage.
  • Yogyakarta Principles:
    • The Yogyakarta Principles are a document about human rights and sexual orientation and gender identity.
    • Yogyakarta Principles on the Application of International Law about Issues of Sexual Orientation and Gender Identity’should be the guiding principle behind Indian law-making.
  • Effective laws:
    • The need of the hour is to enact a stringent, effective, and devoted piece of legislation that will outlaw the practice of conversion therapy.

Content Source: The Hindu

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