GUIDE’S CERTIFICATE
This is to certify that the dissertation entitled “Study on rights of Transgender and Transexual
and legal provisions in context of education and employment in India” which is being submitted
th
by Miss Suman Jena for the partial fulfillment of requirements of 9 Semester, Five-Year Integrated
B.A. LLB. (HONS.) CBCS Examination- 2021, Madhusudan Law College, Cuttack, is a record of
bonafide and independent research work carried out by her under my supervision and guidance.
I considered that the dissertation has reached the standards fulfilling the requirements of the rules
and regulations relating to the nature of the degree. The contents embodied in the dissertation have
not been submitted for the award of any other degree in this or any other university.
DatePlace- CUTTACK
Madhusudan Law College
(Utkal University)
(Signature of Guide)
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DECLARATION
I, SUMAN JENA, a student of B. A. LL.B. (Hons.) of Madhusudan Law College, Cuttack, with roll
no. 907CT18030, do hereby declare that this dissertation is an original piece of work of mine and is a
result of my own intellectual efforts. I have quoted titles of all original sources whose work have helped
me in writing this paper and have not infringed copyrights of any other author. The dissertation
submitted here with to the institute is a product of my own and not submitted anywhere else before.
Under the guidance of MONALISA CHANDRA, this dissertation has the best of my knowledge and
ability, and with sheer dedication and constant support of my guide I present this original work for
partial fulfillment of B.A.LL.B. (Hons.) 9th semester.
PLACE- Cuttack
DATE- 20 .02.2023
2|Page
SUMAN JENA
(907CT18030)
ACKNOWLEDGEMENT
I would like to express my sincere gratitude to all my teachers for providing their guidance,
Comments, and suggestions throughout the course of dissertation. I would like to express the deepest
appreciation to my guide MONALISA CHANDRA who has the attitude and the substance of a
genius. She continually and convincingly conveyed a spirit of adventure in regard to research and an
excitement in regards to teaching. Without her guidance and persistent help this dissertation would
not have been possible. She was a morale booster throughout my journey and her kind motivational
words which were uplifting a clueless soul.
I feel euphoric and indebted to my family and friends who have been a constant support in this
dissertation project. It is the blessings of my teachers and encouragement of my friends that made
me avoid a collection of turmoil; it was as if nature has created a wonderful serendipity for me.
And lastly, to the jurists, writers and eminent figures whose works have heavily influenced and
helped my research.
Place- Cuttack
Date- 20.02.2023
3|Page
SUMAN JENA
5 years Integrated B. A. LL.B.(Hons.)
Madhusudan Law College, Cuttack.
LIST OF CASES
(i)
(ii)
National Legal Services Authority vs. Union of India
Navtej Singh Johar and Others vs. Union of India
ABBREVIATIONS
(a)
TG – Transgender
(b)
LGBTQIA+ - Lesbian, Gay, Bisexual, Transgender, Queer Intersex Asexual
(c)
MTF – Male To Female
(d)
FTM- Female To Male
(e)
AIR - All India Reporter
(f)
SCC - Supreme Court Cases
(g)
SCR - Supreme Court Reports
(h)
HC – High Court
(i)
NALSA - National Legal Services Authority
4|Page
TABLE OF CONTENTS
CHAPTER NO.
CONTENTS
PAGE NO.
1.
Synopsis
6-10
2.
Meaning and Historical background of
11-14
Transgender in India
3.
Legal Recognition of Transgender in India.
15-18
4.
Need of Empowerment for Transgenders in India.
19-23
5.
Social and Economic Problems
24-26
faced by Transgender in India.
6.
Findings and Suggestions.
27-29
7.
Bibliography
30
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CHAPTER – 1
SYNOPSIS
ABSTRACT
The topic of my research work is centered on the most Controversial and stigmatized issues of the
Transgender community in Indian society. The objective behind this study is to analyse and
suggest legal measures to reduce transgender community-related problems, find the ways to
sensitize the society, knowing that if we help them as other human beings, they will also respond
positively, suggest the progressive measures to give them a good environment, medical services,
safety, health, and working condition and to find ways where the laws of the land can incorporate
to help these communities reduce problems that come along. The scope of this research study is
very wide, as it incorporates socio-legal parameters. It is crystal clear that getting the transgender
issues in the limelight is a step towards an amicable solution.
Key Words: Transgender, Educational rights, Employment rights, equality, discrimination
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INTRODUCTION
A nation’s development and prosperity rests on the upliftment of society in general and individual
in particular. A society can have the socio-economic upliftment if all the sections of the society
are part of the upliftment in the society. In Indian context, since independence, the nation has been
on the path of development and improving the socio-economic status of common citizen of India,
however, it’s a fact that the Indian society is a highly stratified society. The inequality among
sections of the society is all pervasive and stark. Inequality and lack of equal opportunities in the
Indian society has led to formulation of targeted welfare measures for those sections of the society
which have been neglected and are not in the mainstream social construct. Formulation of treated
welfare measures is an indication of acknowledgement by the society of existence of neglected
and discriminated sections of the society which cannot uplift without these measures owing to
lack of natural ecosystem for their progression. Scheduled castes, Scheduled Tribes, Other
backward class are some of the society sections or community which have been identified by the
government and targeted welfare measures approach has been implemented for the elimination of
discrimination and well being of these sections of the society. Transgender is one such community
of the society which has always lived on the fringes of the society despite being the presence of
the community being visible to a significant extent in the society. Our culture holds a strong bias
against transgender individuals. These young people experience discrimination in employment,
health care, education and in public. Many are unsafe at school and even at home. This community
has history of neglect and discrimination in independent India which actually started in the British
rule. The marginalisation of the transgender community resulted in deprivation of the community
individuals in opportunities of development such as in areas of education, jobs, health, welfare
acts, etc. Lack of access to such opportunities further pushed these community individuals away
from the mainstream societal development peak and increased their discrimination thereby
landing the transgender community individuals in the vicious cycle of recrimination and misery
out of which they could never come to. As already stated in the beginning that a nation’s prosperity
lays in the prosperity of all individuals without any discrimination hence the transgender
community which has been left behind in the nation’s development story need to be focussed upon
to bring the transgender community to mainstream societal milieu.
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REVIEW OF LITERATURE
(1)The Transgender History – by Susan Stryker
In this book, the author has discussed the traditional history of transgenders and
Transgender people (including non-binary and third gender individuals) have existed in cultures
worldwide since ancient times. The modern terms and meanings of "transgender", "gender",
"gender identity", and "gender role" only emerged in the 1950s and 1960s.
The loophole is that the opinions vary on how to categorize historical accounts of gender-variant
people and identities.
(2)A Commentary on Transgender Persons and The Law- by G B Reddy and Baglekar
In this book, the author describes about the presence of such transgender is not new and is etched
in history from time immemorial. Transgenders were respected earlier in the society but situation
has changed and they now face discrimination and harassment. Now, transgenders will study in
schools and colleges with all facility approving their admission under the category of
"disadvantaged group" defined by the Right to Education Act 2009 (RTE). Transgenders are
eligible for twenty five percent reservation under the economically weaker section (EWS) and
disadvantaged student category for admission.
(3)Role of Education in the empowerment of transgender – by Veena Singh.
In this book, the author has pointed that the education can transform anyone’s life and especially
for underprivileged transgender persons in the country. When all sections of society are sensitised
to transgender, the violence against the third community will be reduced greatly. Through
education a person can achieves an approach to get knowledge, skills, employment and active
involvement with society. The inclusion of transgender in formal education transforms them into
empowered citizens of India. Empowerment is an important process to enhance one’s dignity,
quality of life and effective use of rights.
(4)Employment rates of transgender in India : India’s 2011 Census report.
As per 2011 census data, India's trans population consist of 490,000 people, out of which handful of them
only make it to gainful employment. Though there are number of efforts being made to change this
narrative. For example, a Chennai-based start-up is working towards the social inclusion of the transgender
community, but it has only been able to place 42 trans people in its 14-month existence. So focusing on
trans employment at the workplace is the need of the hour.
8|Page
The loophole is that there is no mention about the further implementation and development of employment
facilities for transgender.
(5) Forhard-Dourlent, H. (2018)
He examined participation of transgender students in decision-making processes at their school and reply
of educators to the requirements for acknowledgment by transgender students. There should be gender
neutral educational settings.
(6)Susan Stryker and Stephen Thomas Whittle wrote "The Transgender Studies Reader"
This is a collection of strands of scholarship, placed in a manner that makes them much easier to
be used for teaching and research purpose. There are two volumes which complement each other,
with explanatory headnotes for each essay, and bibliographic suggestions for further reading.
Transgender research is the most recent territory of scholastic request to become out of the
energizing nexus of eccentric hypothesis, women's activist examinations, and the historical
backdrop of sexuality. Since transgender individuals challenge our most essential presumptions
about the connection between bodies, want, and character, the field is both captivating and
combative. By joining the voices and experience of transgender individuals, experts, clinicians,
and educationally based researchers, this volume will be an establishment content for the
transgender gathering, transgender examinations, and related unusual theory.
RESEARCH PROBLEM
The third gender is treated like an animal in the investigation process by the police officials, many
testimonies have been heard of the abuse by police from the gay and transgender people sect in
the society. As the Transgender people are vulnerable, weaker and falls in the minority section in
the society they are more prone to the abuse whether in custody or outside while they live in
society. The Transgender people also a part of the society, their emotions also want to respect in
this society. For their future lives, Trans Genders wants to get a better education. For future
educational betterment, the authorities want to know about the educational status of Transgender,
this study may help with it. The researcher endeavors to find the pros and cons of the Educational
status of Trans Genders through this study.
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RESEARCH QUESTIONS
1. What is the historical background of Transgenders?
2. What are the rights and legal status of Transgenders?
3. What are the initiatives for education and empowerment of Transgenders?
4. What are the Social and Economic Problems Caused by Lasting Social Stigmas?
5. What are the community experiences of transgender?
RESEARCH OBJECTIVE
1. To conduct a comprehensive study of the term transgender, in order to demonstrate that the
development of discourses of sex and gender has a direct impact on the legal regulation of the
transgender.
2. To examine the current national scenario pertaining to the rights of the transgender community.
3. To adopt a human rights approach for providing effective solutions by which change can be
brought about in protecting and enforcing transgender rights.
4. To gather information on the current situation of the legal recognition of gender status of
transgender people in India.
5. To bring initiatives for education and empowerment of Trans Genders.
RESEARCH METHODOLOGY
The researcher will adopt doctrinal and analytical mode of study. The study will be based on the
collection of data from primary and secondary sources. The primary sources of data would include
statutes, case laws, and secondary sources would include books, journals, newspaper articles,
online sources, reports and statistical data from NCRB, etc. which are available relating to the
concerned study.
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CHAPTER – 2
TRANSGENDER: MEANING AND HISTORICAL BACKGROUND
2.1 Meaning of Transgender/Hijras
2.1.1 Transgender
Transgender is a part of a broad group LGBTQ+ i.e. lesbian, gay, bisexual, transgender, queer. The
western term transgender was popularised in mid-1990s as an umbrella term which include subgroups of various different kinds of people whose gender identity or gender expressions do not
identical with their biological sex. The term transgender includes transsexuals, cross dressers and
various socio cultural identities such as hijras, aravanis, kothis, jogtas/jogappas, shiv-shakthis etc.
Some TG people felt that their gender identity is incongruent with their assigned sex or born in a
wrong body hence follow gender expressions by dressing and behaviour while some others prefer to
undergo sex reassignment surgery or hormonal therapy or laser therapy or cosmetic surgery to get
desired sex, called as post operative transsexuals. Some TGs want to try surgery called pre operative
transsexuals and those who never choose such surgeries are called as non-operative transsexuals.
When a person transgress from male identity to female identity known as male-to-female ((MTF)
transsexual or trans woman or transgender woman and when a person transgress from female identity
to male identity known as female-to-male (FTM) transsexual or trans man or transgender man. The
people other than transgender known as cis gender means those identify themselves with their birth
sex. The hijra identity and MTF identities are more visible than other identities.
2.1.2 Hijra
The word hijra is an Urdu word, which means leaving one’s tribe. In India the term hijra is used to
impotent ones or the persons who find themselves as neither man nor woman or third gender. They
are also known as kinnar, eunuch, khusra, transgendered, impotent, hermaphrodites, sexually
deformed etc. Hijra refers to those born male or intersex that lives and dress like women and associate
with hijra jamaat at any stage of their life and may or may not live in hijra jamaat for the whole life.
They are stated as incomplete men and also not complete female. In the category of hijra there are
emasculated/nirvana/castrated men and non emasculated/non castrated men.
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2.2
Historical Background of Transgender/Hijras
2.2.1 Ancient Period
Ancient Period The quote from Ramcharitamanas (Balkand) when Sri Ram was on the way to
proceed to exile for fourteen years the people of Ayodhya out of love and affection accompanied him
and returned to Ayodhya only when Sri Ram asked all of the men and women to return to Ayodhya.
But Hijras stayed there because they were neither men nor women. On returning from exile, Sri Ram
found Hijras meditating and waiting for him. He honoured their dedication with a boon that their
blessings would be sought on every auspicious occasion1.
Ardhanarishvara form represents the combination of Shiva with Shakti and Purusha with Prakriti.
Lord Vishnu also transforms into Mohini (beautiful women) to take back the sacred nectar from the
Pandavas, which was collected during samudra manthan. There is an episode in Mahabharata where
Arjuna during Agyatwaas of Pandvas disguised himself as a hijra named Brihannala, inside the royal
palace of king Virat. In another episode from the Mahabharta War at Kurukshetra, Bhishmapitamah
was the senapati of Kaurava’s army and there appeared to be a hard task for Pandavas to win the war.
Lord Krishna recalled the past events of Shikhandi (Amba) and proposed that Shikhandhi (Hijra)
should battle against Bhishmapitamah. As Bhishmapitahmah took a vow to not to fight with a
woman, so Lord Krishna used Shikhandi as a shield; hence, Arjuna was able to kill Bhishma.
In Vedas (1500 BC-500 BC) the sex/gender of human being is classified into three classes on the
basis of prakriti or nature i.e. pums-prakriti or male, stri-prakriti or female and tritiya-prakriti or
napumsaka or third gender. The Indian philosopher Vatsyayana’s book ‘Kamasutra’ also has
references of Tritiyaprakriti (hijra). The vedic astrology also revealed that Saturn, Mercury and Ketu
related with third gender/tritiyaprakriti. The literature of Puranas has referenced about the three kinds
of Devatas of dance and music i.e. Ghandharvas as males, Apsaras as females and Kinnars as neuter.
There were three different views on important features by which a person could be categorised as
purusa, stri and napumaska. According to Brahmanical and Buddhist view, the presence or absence
of certain primary and secondary characteristics determine the gender of a person.In addition the
Buddhist designated gender by the presence or absence of procreative capability. Impotency was the
reason for denoting the person as third Gender or napumsaka. Jainism is the only one to differentiate
between biological sex or drivyalinga i.e. material mark and psychological gender or bhavlinga i.e.
mental mark. Jainism dismissed the Brahamanical or Buddhists gender designation norm of
1
Saxena, P. 2011
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procreative capability but women before puberty and after menopause incapable of procreation
despite this they are assigned the female gender. This mythology mainly emphasised on the sexual
behaviour or the act (may be penetrative /receptive) followed during sexual act. Approximately from
the 5th century CE a new gender appeared as the fourth sex i.e. masculine napumsaka or
purusanapumsaka. The role during sexual act differentiates the feminine napumsaka (only receptive
partners in sexual act) from the masculine napumsaka (both penetrative and receptive), masculinity
was characterised by the penetrating performance.
2.2.2
Medieval Period
In the sixteenth century, on the arrival of the Mughals, term khwajasara or eunuch was popularised
rather than third sex or napumsaka. Eunuch’s political status had shown by their appointments as
political advisors, vakil, faujdar of jagir, trusted guardians of harems/ janankhana of the Mughal
empire. They were considered most honest and dedicated towards their masters and because of lack
of family and progeny. The kings believed Hijras were more faithful and loyal to them and their
queens because of hijra’s asexuality. This depicted the slave status of eunuchs during medieval
period. The presence of sacred communities of the hijras at the tomb of the Prophet Mohammad in
Madina and at the Ka’ba in Mecca shows the religious status of hijras in the Islamic religious sphere.
The eunuchs had a role as guards not of the treasures of the mosque but of the women who visited it.
In the kingdom of Sultan Muzaffar Shah-II of Gujarat, a hijra named Muhit-ul-Mulk was the kotwal.
Malik Kafoor (hijra) during Alaud-din-Khilji reign, gained so much political power that he evicted
the rightful heir, Khizr Khan. During the reign of Akbar, Firozabad town was named after the name
of eunuch Firoz Khan.
2.2.3
Colonial Period
In the beginning of the British Period the hijra got protection and benefits from some Indian States.
But from the eighteenth century onwards, the status of hijras drastically became pitiable and
vulnerable. In 1860an anti sodomy law i.e. Section 377 of the Indian Penal Code (IPC) was
introduced by Britishers to banned the same sex sexual relationships. The British administration
grouped and recorded the hijras/eunuchs along with other Criminal Castes/Tribes (a new category
developed by Britishers). The Criminal Tribes Act (Act 27) of 1871 declared that there should be
registration, surveillance and control of certain tribes and eunuchs. The inami lands granted by
previous rulers to hijras were taken back by Britishers because they could not show lawful inheritance
(UNDP, 2010)19. The literature on the Hijras in the post colonial period focuses on three things-
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 The construction of a superior colonial masculinity set against the effeminate Indian men and
women who became the colonial subjects.
 The nationalistic response to this was to create a different model of masculinity based on the
ascetic, who renounces material and sexual desires (Swami Vivekanand philosophy) and the
androgynous male-female figure who can drive both men and women (Gandhi Ji’s philosophy).
 The interest of the British colonisers in creating the community of Hijras as an additional one to
the binary component of the subjects and trying to find out how they were inducted and absorbed
into the community by natural impotence i.e.natural genetic deformity or by mutilation/artificial
deformity.
2.2.4
Post-Independence India
The Transgender/Hijra community is spread all over the India but majority of them found in,northern, western and southern parts of India.
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CHAPTER – 3
LEGAL RECOGNITION OF TRANSGENDER
3.1 Transgender Bill 2016
The Transgender Person (Protection of Rights) Bill, 2014 was passed on 24th April 2015 by Lok
Sabha for the protection of rights of the Transgender Persons and addressing discrimination against
them. The Bill encloses complex issues of gender identity. After two years later the Transgender
Persons (Protection of Rights) Act, 2016 was formulated for the betterment of TG/Hijras. As soon as
the Lok Sabha passed the bill on 17th December 2018, there has been strong opposition of the bill
by the TG/Hijra community. If this Bill is passed by the Rajya Sabha, it will keep on to violate human
rights of Transgender/Hijra. The present Bill will become a tool of oppression and establish the
violations already being faced by this community.
As per the transgender persons (Protection of Rights) Bill 2016, it prohibits discrimination against a
transgender person, including unfair treatment or denial of service in relation to employment,
education, healthcare, access to public goods and facilities, etc. Trans people have existed in every
race, class and society since the story of human life has been recorded. The modern term 'transgender'
arose in the mid-1990s from the grassroots community of gender-different people.
There are a host of socio-cultural groups within trans people in India like hijras, kinnars, and other
identities like - shiv-shaktis, jogtas, jogappas, etc.
Though there has been a positive movement for the LGBTQAI+ community in recent years, many
transgenders feel there's still a lot more to do in the fight for equality. Let us understand what has
been done till date in India for the transgender community and what scan be done further. As per the
transgender persons (Protection of Rights) Bill 2016, it prohibits discrimination against a transgender
person, including unfair treatment or denial of service in relation to employment, education,
healthcare, access to public goods and facilities, etc.
Also, in 2018, the Supreme Court of India decriminalized homosexuality by striking down Section
377 of the Indian Penal Court, terming it unconstitutional in respect of consensual homosexual sex
between adults.
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Key provisions of the Bill about employment opportunities are set out below:

Section 3 (b): prohibits the unfair treatment of a transgender person about employment
or occupation.

Section 3(c): prohibits the denial of employment and discriminatory termination from
the same.

Section 10: bars establishments from discriminating against a transgender person in
matters related to employment such as recruitment, promotion and other related issues.

Section 11: creates an obligation on establishments to comply with the provisions of
the legislation and provide necessary facilities to trans-people.

Section 12: creates an obligation on every establishment consisting of more than 100
people to appoint a compliance officer who would deal with complaints regarding violations of
the Act.

Section 15: creates a duty on the appropriate government to formulate welfare schemes
and programs to facilitate and support livelihood for transgender persons, including their
vocational training and self-employment.

Section 17: provides for the formation of a National Council by the Central Government
with a representative from the Labour and Employment Department and Department of Legal
Affairs, amongst others.

Section 19 (d): provides for penalties and punishments in the event any person harms,
injures or endangers the life, safety, health, or well-being of a transgender person or tends to do
any act which causes abuse of any nature whether physical, sexual, verbal, emotional and/or
economic abuse.
The transgender persons (Protection of Rights) Bill 2016 is said to be introduced as per the 2014
judgment of the Supreme Court in NALSA v Union of India, which recognized transgender
identity. The advantages of this Bill are as it penalized the violence against Transgender/Hijra
people, banned discrimination in employment, recruitment and promotion, Transgender/Hijras
can also considered as backward class. But this Bill also had some disadvantages as it defines
transgender non scientifically, no permission to self identification, compel to face a screening
committee for verification, and no clarity in employment policies or livelihood opportunities. The
provision dictating certificate of identity from a District Magistrate for recognition as a
transgender is criticized as against the provisions of NALSA judgement.
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3.2 Constitution of India
The Preamble of Indian Constitution mandates Justice, Liberty, Equality and Fraternity to people of
India. Our Constitution allocates the Fundamental right to equality (Article 14), prohibits
discrimination on the basis of sex, caste, creed or religion (Article 15), right to privacy and personal
dignity (Article 21) and prohibition of trafficking in human beings as beggars and other similar forms
of forced labour.
Election Commission had registered 28,341transgenders as voters in General Elections of 2014. Only
6% of the total transgender population have voter ID cards in India2.
3.3.3 The Supreme Court Judgement on Recognition of Third Gender
The case of National Legal Services Authority vs. Union of India3, the Supreme Court bench
comprising of Justice K.S. Panicker Radhakrishnan and Justice A. K. Sikrion 15th April 2014 passed
the landmark judgement in favour of transgender and hijras. The Hon’ble Supreme Court has
maintained that due care must be taken by Centre and State Governments in context to gender identity
and be given legal recognition to it which includes male, female and also third-gender. The Hon’ble
Supreme Court has clearly stated that the Fundamental Rights as available to the males and females
should be available to the third gender in the same way. Discrimination against third-gender is said
to be taking place where there is no recognition of it in both civil and criminal statutes whether
relating to adoption, marriage matter or divorce matter, etc. The Hon’ble Court favoured the
psychological test rather that to biological test in matters of giving legal recognition to persons who
are transitioning within male/female binary. There are specific directions to Centre and State
governments by the Hon’ble Supreme Court regarding taking proper care in providing public toilets
separately for transgenders, measures relating to their medical care in hospitals, to have separate
HIV/Sero-surveillance measures and many other facilities for transgender/Hijras. The Hon’ble court
has directed the governments both Centre and State to take special care of transgenders maintaining
them as socially and economically backward class of the society and thus in this regard governments
are asked to run various forms of social welfare schemes for their overall upliftment that too by
2
NACO, 2013-2014
3
AIR 2014 SC 1863
17 | P a g e
providing them reservation in various educational institutions and public appointments. Creating
public awareness at large scale to make people understand and to get them educate that transgenders
are also the part of the very much society as they are, so that transgenders do not feel marginalised
in the society or feel like untouchables. To gain them respect and to relieve from fear, gender
dysphoria, shame, pressure from society, depression, social stigma and suicidal tendencies the
Hon’ble Supreme Court has asked the governments both centre and state to give much emphasis on
public awareness mechanism. Inclusion of Transgender/Hijra children will be eligible for 25%
reservation under the economically weaker section (EWS) and disadvantaged students for admission
into schools.
On 6th September 2018 in case of Navtej Singh Johar and Others vs. Union of India4 the Supreme
Court of India declared that section 377 of IPC criminalises consensual sexual acts of adults in
private, is violating the Articles 14, 15, 19, and 21 of the Constitution and such consent must be free,
voluntary in nature, and without any force or coercion. The provisions of Section 377 will continue
to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and
acts of bestiality. Hence on 6th September 2018 homosexuality under section 377 of IPC
decriminalised by the judgement of the Supreme Court.
4
AIR 2018 SC 4321
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CHAPTER – 4
NEED OF EMPOWERMENT FOR TRANSGENDERS
It is very injudicious that after 70 years of independence of our country the rights of TG/Hijra are
still being denied and the prejudice against them continues till now. TG/Hijra is the most
marginalised, vulnerable and discrete social group. They are subjected to verbal, physical, emotional
and sexual abuse which has serious impact on their self-esteem, self-confidence and mental health.
Excessive work load, poverty, poor education, bad health conditions, lack of access to economic
resources and deep rooted social discrimination against them makes their lives hell. They also face
discrimination in prisons, schools and hospitals hence need to be empowered in all walks of life.
They are the soft targets for extorting money and forced sex as they are not protected by the police.
4.1 Education as a Tool to Empower Transgender/Hijras
Irrespective of gender the human development is necessary for the development of a nation and
education is the main impulse for the growth and progression of a nation. The present study is based
on this assumption that education can empower TG/Hijras. Our constitution makes education a
fundamental right of every child. The literacy rate of TG/Hijras is very low in the country. Education
can transform anyone’s life and especially for underprivileged transgender persons in the country.
When all sections of society are sensitised to TG/Hijras, the violence against the third community
will be reduced greatly. Through education a person can achieves an approach to get knowledge,
skills, employment and active involvement with society. The inclusion of TG/Hijras in formal
education transforms them into empowered citizens of India. Empowerment is an important process
to enhance one’s dignity, quality of life and effective use of rights. Education is the utmost necessity
for them to ensure in-depth participation in all spheres of life. Due to their isolation and back-tracking
by the society, they themselves prefer to discontinue their education. Regular drop out from the
school pushes their career into darkness. Various educational policies implemented in our country
only include boys and girls not the third gender, so these policies are not helpful to TG/hijra students.
After the ruling of Supreme Court the scenario has been changed. Now TG/Hijras have got status of
third gender and inclusion in educational institutions. This may bring them on an equal level with
other citizens. There are no awareness programmes at police academies on how to treat TG/Hijras.
An approach to empower TG/ Hijras should ensure the following things: TG/Hijras can only be empowered if their own views about them are boosted by positive
counselling so that they can reach the highest level of satisfaction or the goal of their lives thereby
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helping each other in their respective cities or countries, thus improving their social and living
conditions globally.
 We should try to enhance the abstract/logical thinking in TG/Hijras at a very tender age so that
they can think critically i.e. understand or see far beyond what seems apparent. This way, they can
crush the gender restrictions and become more powerful in society.
 These days the hallmark of knowledge is interaction and awareness through internet and
information media. Therefore, these resources should be freely available to them.
 Once they become knowledgeable, they themselves will be capable of making the best choices
among potential help available to them.
By encouraging these and similar aspects of empowerment mentioned above, TG/Hijras would be
able to look after themselves from the very beginning and would also be able to find out their role
and rights in the society in general, and their own specific place as an individual human being, thus
creating the major changes in the whole democracy of our country.
4.2 Educational Empowerment
There is only one essential aspect to empower the clan of TG/Hijras i.e. educate them from the
beginning. Education is a necessary prerequisite for a developed nation. Thus it becomes imperative
to raise the literacy level of TG/Hijras in order to bring them into the main stream of society for their
better future. Despite the Right to Education Act and the Supreme Court’s order for inclusion of
hijras in education, reservation quota as OBCs, the issues like access to education and retention in
school is still a very challenging problem for TG/Hijras. It has been also found that educational
institutions are centres of torture for hijra students as they daily faced physical, verbal, sexual,
emotional violence and discrimination in these educational institutions. Due to such harassments,
they quit their education in midsession and thus increase the school dropout rate. Therefore it is the
need of the hour to generate awareness among parents of TG/Hijra children regarding their education,
about their rights, welfare schemes launched by the government for them and among schools
regarding the need for compassionate interaction. It is utmost essential for empowerment of
TG/Hijras to have equality of access to and attainment of educational qualifications.
4.3 Economic Empowerment
TG/Hijra community is the most economically weak section of Indian society. Due to deprivation
of proper education, lack of suitable employment opportunities, absence of family support and poor
health conditions compelled the TG/Hijras to indulge in begging and prostitution. Economic
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empowerment means increasing one’s opportunity to approach the financial resources, financial
independence and financial autonomy. The issues related to the biasness/ discriminatory practices in
appointments, promotions and wages of TG/Hijras were also discussed in the study to measure the
economic empowerment.
4.4 Initiatives for Education and Employment Empowerment of TG/Hijras
The government has undertaken numerous educational initiatives like National Policy of Education
(NPE)-1986,Program of Action(POA)-1992, Sarva Siksha Abhiyan-2001, Right to Education Act
(RTE) 2009 etc. to remove the gender gap between boys and girls in educational enrolment and drop
out. However, there is no such policy implemented for educational upliftment of the third gender. In
September 1994, the Election Commission of India directed that TG/Hijras can be registered in the
electoral roll either as male or female depending on their statement at the time of enrolment. In 2013
for the first time the Election Commission recognised TG/Hijras in electoral process by introducing
‘others’ option on voter identity cards but transgenders are not happy with it, they demanded the
‘transgender’ option instead of ‘others’. Education is more important for empowerment of the
individuals irrespective of the identity of male or female. The Union Human Resource Development
Ministry advised all States and Union Territories (UTs) barring Jammu and Kashmir, to include third
gender children in educational institutions under the Sarva Shiksha Abhiyan (SSA) to universalize
elementary education. But it is very unfortunate that after four years of NALSA judgment, the
transgender people are still struggling for their existence, everyday facing immense violence from
people, police and criminals.
43,602 transgenders had Unique Identification Card (UID) number of their names on 31st December
2014. This is the only 9 % proportion of the total transgender population of India.
In 2005 the Indian passport had the symbol ‘E’ (eunuch) for third gender option, but after the
NALSA judgment the apex court in March 2015, the online passport application form also had the
option of ‘transgender’ in the gender category. Allahabad High Court ruled that application forms
for ration card submitted under the National Food Security Act, 2013 had the option ‘other’ in gender
category would include a transgender. In 2015 the Reserve Bank of India had given directions to
banks to have a ‘Third gender’ option in their forms.
The University Grants Commission has shown great concern about the various issues and problems
faced by transgender community in Higher Educational Institutions. UGC has issued circulars on
29th October 2014 and 2nd February 2015 to all Vice Chancellors of Universities to include a column
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for transgender category in all application forms and other relevant documents, generate transgenderfriendly infrastructure, organize programmes for the sensitization about transgender and promote
ethnographic researches on issues related to life and culture of transgender. On 29th January 2015
the UGC has also written to MCI (Medical Council of India) to introduce reforms in curriculum in
courses, offered to medical students so as to make them sensitive and competent in treating
transgenders. Tamil Nadu is the first state to successfully launch the Aravani (transgender) Welfare
Policy for inclusion of transgender, provide free housing, citizenship documents, educational
scholarships, organize self help groups and initiating income programmes. In April 2008 Transgender
Welfare Board was constituted by Tamil Nadu, which has a mix of official and non-official members.
It provides free sex reassignment surgeries (breast augmentation, emasculation and vaginoplasty) at
two government hospitals; KMC and Rajiv Gandhi Government Hospital. This board helps in
furnishing pensions, tansit homes, counselling, ration cards for transgender persons. It is pitiful that
since 2011 the Board is in a sleep mode as no efforts have been made to reconstitute the board with
non-official members. In 2009 a telephone helpline(25990505) called ‘Manasu’ was set up by Tamil
Nadu government to offer guidance and counselling to the families to accept and support their
transgender children. In 2015 Kerala introduced the State Policy on Transgenders to remove stigma
and provide a quality life to them. By launching the Centre for Continuing Education the Kerala
government also distributed educational scholarships to transgender people. India’s first Transgender
Sports Meet was organised on 29th April 2017 in Thiruvananthapuram, over 130 athletes have
participated in this event; now it has become an annual event and will get support from Kerala Sports
Council.
Such types of events transform low esteemed Hijras in to confident, physically and mentally fit youth.
In Kochi on15th June 2017 Kerala’s first transgender beauty contest was organised by Dhwayah Arts
and Charitable society to select the Dhwayah Queen 2017. Shyama was crowned Queen of Dhwayah
2017. A very proud moment for transgenders that Kochi Metro Rail Limited appointed 23
transgenders but due to social stigma and accommodation problems 11 transgender out of 23 have
left their jobs. A transgender-exclusive clinic with SRS facility will be set up in Kottayam
Government Medical College in Thiruvananthapuram on a trial basis. Soon after its response is
assessed such clinics will have opened in other government medical colleges too. In these clinics a
legal counsellor is also there to give legal awareness and counselling to transgenders. Kerala
government had planned to open the post surgery shelter homes in Thiruvavananthapuram and
Ernakulam for their short stay after the surgery. Through such initaiatives Kerala state’s health sector
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will become transgender friendly. An exclusive taxi service was launched by Kerala which is owned
and operated exclusively by transgeder persons.
The West Bengal government constituted a West Bengal Transgender Development Board
(WBTDP) in 18th March2015, with 14 members (4 official and 9 non- official members).This board
was formed to provide security, rehabilitation, health, education and employment to transgenders.
WBTDP has not fulfilled its duties because of lack of adequate representation, poor funding, vast
difference in the views of members. West Bengal government has asked Kolkata Police to recruit
trangenders in the Civil Police Volunteer Force(CPVF)to empower them.
Chattisgarh government is not lagging behind in making schemes for empowerment and welfare of
transgenders who are alienated for so long. On 22nd August 2017, in Chandigarh, a 14 member
Transgender Welfare Board was established by UT administration to give equality and better living
to them. Andhra Pradesh has launched ‘Andhra Pradesh Hijra Transgender Welfare Board’ at the Sri
Venkateshwara University in Tirupati. It will run by direct democracy by the transgender community
to give houses, ration cards, monthly pension and make them a self- sustainable community.
Transgender people can now use the public toilets of their own choice in all states from April 2017
as directed by Ministry of Drinking Water and Sanitation. Gradually over the past few years they
have been able to achieve equal status and being accepted in society, which is evident in the recent
changes in laws in respect to them. So many TG/Hijras have proved themselves despite all the
unfavourable circumstances and achieve their dreams.
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CHAPTER – 5
SOCIAL AND ECONOMIC PROBLEMS FACED BY THE TRANSGENDERS
5.1 Transgenders’ Experiences of Discrimination in Public Places
Easy access to public spaces is a necessity for participation in civic life. However, many transgender
persons are prevented from their access to those places. Nearly one third (31.25%) of the respondents
are not allowed to enter a public park. This is because people believe that the entry of transgenders
may spoil the environment of a park as there is a general notion in the public that they use a public
park only for their sex-work related activities. Subsequently, 25% of the respondents are not allowed
to enter a cinema hall, 18.75% of the respondents are not allowed to beg in sleeper-class
compartments of a train, and 12.5% of the respondents are not allowed to enter in restaurants and
shopping malls. More or less, a similar pattern is observed among the respondents belonging to both
Assamese and Bengali communities as they are almost equally distributed over the responses. It
means that respondents from both communities faced discrimination in access to public places. It
also shows that the society views all transgender persons with the same lens and boycotts them
because of the uncivilized conduct of some transgender individuals. So, one can say that the society
is less inclusive and compassionate towards transgender individuals.
5.2 Transgenders’ Experiences of Occupation
Transgender people are mainly engaged in occupations such as ‘begging’ and ‘badhai’ (clapping
hands and asking for alms). These two are found in researches as traditional occupations associated
with the community. These occupations are exclusive to transgender people, confusing them in a
relatively small and disadvantageous space where they are found anywhere but without a normal
interaction with general public. Over two fifths (42.5%) of the respondents felt insulted while
begging and they want to indulge in respectable jobs which is not available to them. This shows that
transgender people are compelled by the mainstream society’s treatment to choose a livelihood like
begging where they have to face multiple challenges on regular basis. Subsequently, 22.5% of the
respondents faced challenges in money collection because security guards do not allow them to enter
modern market premises, 21.25% of the respondents are arrested by police on false allegations due
to not giving them a share from their earning, 7.5% of the respondents are nowadays invited only by
a small number of people to perform in ‘badhai’ ceremony due to indecent behaviour by some of
transgender persons, and 6.25% of the respondents felt sad for the practice of badhai ceremony being
treated as begging by some people. A greater number of the respondents belonging to the Bengali
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community felt insulted in begging occupation and they want to indulge in respectable jobs. It is
because most of the transgender people of the Bengali community lack education and are therefore
bound to engage themselves in begging where they have to face atrocities by people in the society
and by police personnel. More number of respondents belonging to the Bengali community have
been arrested by police on false allegations as they did not share their earning with police personnel.
However, none of the respondents from the Bengali community felt sad for the practice of the
‘badhai’ ceremony being treated as begging by some people as an insignificant number of
transgender people from the Bengali community are associated with the practice of ‘badhai’
ceremony.
5.3 Reasons for Choosing Traditional Transgender Occupation
Individuals’ choice of occupation is influenced by various factors such as skills required, wage levels,
and personal satisfaction. Over half (51.25%) of the respondents have no access to mainstream jobs
due to their gender nonconformity, owing to lack of acceptance of their gender in mainstream society
wherein most of employers feel that the way they dress or talk is not appropriate for a professional
working environment. Subsequently, 28.75% of the respondents are unable to get a mainstream job
due to lack of education, and 20% of the respondents believed that traditional transgender
occupations are better than low-paying informal sector jobs. A similar pattern is observed among the
respondents belonging to both communities. However, there are two main differences. Firstly, a
greater number of respondents belonging to the Bengali community are unable to get mainstream
jobs due to their gender nonconformity as most of the employers from the Bengali community are
mainly involved in retail business and they believe that if they employ a transgender then customers
will turn away from their shop. So they do not employ people who do not conform to male-female
gender norm. Secondly, a greater number of the respondents belonging to the Assamese community
believed that traditional transgender occupations are better than low-paying informal sector jobs as
a greater number of the transgender people from the Assamese community are educated and have
had job experience in the informal sector. So, they can differentiate between traditional transgender
occupations and mainstream informal sector jobs.
5.4 Challenges of Transgender Education
The naming of the “third sex” is problematic in itself, treating sex as a ladder-like structure where
the lower row is inhabited by the queer community. While it provides them with official information,
it does not diminish their definitions as they continue to be part of a marginalized public sector and
can be considered as equals with other Indians. India has finally been able to successfully embrace
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the long-awaited butchery but has not been implemented, it is also important to pay attention to the
various ways in which it has failed. Third-party sex workers will be considered as other Backward
Classes. The Supreme Court of India has ruled that they will be offered scholarships and employment
opportunities such as other Backward Classes. The Supreme Court also stated that the Institutions
and Institutions will coordinate the social programs of the third gender community and will conduct
a public awareness campaign to eliminate discrimination. The Supreme Court said these countries
should build special public toilets and departments to look after their special medical issues. The
following challenges are mentioned below:
5.4.1 Inclusion in School/ college and University
Transgender placement in school and college is a major challenge. It is a great challenge to provide
equal educational opportunities for transgender people because there is a problem of inclusion of
male and female students.
4.4.2 Use of disrespectful names and pronouns
When transgender adolescents identify themselves as the opposite sex (regardless of what nature is),
it is dignified for young people to use the chosen name and the proper pronouns for the opposite sex.
Intentional persistence in the use of the original word and other pronouns is deliberate disrespect.
Transgender youth can understand and sympathize with some confusion, as long as there is a
continuous, positive response to the use of proper nouns and pronouns.
4.4.3 Lack of access to appropriate restroom facilities
Transgender people often lack safe access to public toilets. They may be attacked if they use a toilet
that is in line with their identity or are forced to use a toilet that does not match their sexual
orientation. Transgender people often do not have secure access to locker room structures that match
their ownership. Wherever dress codes are enforced, they can create problems for transgender youth.
 Confidentiality: Transgender youth may have supportive families and may face violence and or
eviction from their home if their sexual identity or sexual identity is disclosed to the family.
 Lack of ideal personality: Transgender youth often feel alone in 78 Journal of Uttarakhand
Academy of Administration Nainital (JUAAN) the world. Few youth programs employ transgender
people; Several libraries provide information on biological sex and gender, gender identity, or
transgender.
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CHAPTER – 6
FINDINGS AND SUGGESTIONS
6.1 Findings
6.1.1 Level of Education among Transgender/ Hijras –
 In the present study 13 of illiterate TG/Hijras (68.42 %) explained that their very early recruitment
in hijra community by their parents or by themselves is mainly responsible for their illiteracy. While
6 of illiterate TG/Hijras (31.57 %) were not permitted by their parents, due to apprehension of
stigmatization by society.
 15 of illiterate Transgender/Hijras (78.94%) and 19 of literate Transgender/Hijras (100%) felt the
significance of education in one’s life.
 In present study 15.7% of literate TG/Hijras attended primary school, 13.1% middle school, 7.8%
high school, 7.8% intermediate and 5.2% graduation. Their low level of education and discontinue
education are because of their escaping from biased and violent atmosphere of their families and
educational institutes.
6.1.2 Challenges in Accessing Education among Transgender/ Hijras –
 6 literate TG/Hijras (31.57%) reported absence of age certificate and documents of last attended
educational institute make admissions difficult.
 4 illiterate respondents (21.05%) and 14 literate respondents (73.68%) are ready to study.
 3 literate respondents (15.78%) (primary educated) understood the importance of education but
are not showing any interest in further study while 3 middle school educated respondents (15.78%)
have the eagerness to study further.
 2 illiterate respondents (10.52%) and 11 literate respondents (57.89%) motivate and help others in
education.
 Only 6 of illiterate Transgender/Hijras (31.57%) have awareness of the initiatives of government
for their welfare whilst the 17 literate Transgender/Hijras (89.47%) have awareness of these
initiatives.
 All 19 respondents (50.0%) out of 38 respondents who had undergone formal education expressed
prejudice, violence (verbal, physical, emotional and sexual), lack of separate toilets, supportive and
trans friendly climate in educational institutes.
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 13 literate respondents (68.42%) stated that non awareness among teachers, management and peers
about trangender/ hijra identity prevent their inclusion in formal education.
6.1.3 Impact of education on employment of Transgender/Hijras –
 In the present study 2 illiterate respondents (10.5%) and 8 literate respondents (42.10%) have
employment.
 The 6 primary educated respondents (31.57%) are not able to obtain suitable jobs outside their
community.
 2 graduate literate TG/Hijras (10.5%) have got good jobs with suitable monthly income. 8 literate
TG/Hijras (42.10%) respondents described the prejudiced, violent and humiliative environment at
their workplace.
6.1.4 Expectations from Society and Government –
 All of the 38 TG/Hijras (100%) want to live with their parents, with dignity and economical security
like other persons of society.
 All the 38 Transgender/Hijras (100%) stressed on the urgent necessity for making laws to prevent
them from discrimination and sexual violence.
 28 TG/Hijras (73.68%) expect equality before law.
 Among 38 the 19 literate Transgender/Hijras (50%) reported the need of well trained teachers and
school administration to tackle the issues of gender non conforming students.
 Out of 38 the 18 TG/Hijras (47.36%) desire to be self-employed or involve in business.
 6 illiterate TG/Hijras (31.57%) and 14 literate TG/Hijras (73.68%) expect from government to
make some schemes to provide free medical services and gender transition treatments (formal and
informal) as it costs too much.
 32 out of 38 TG/Hijras (84.21%) admit that gender transition treatments are very important to
reduce their discrimination in society.
 All respondents (100%) emphasized on establishment of special schools for transgender/hijras
initially on similar pattern of schools for children with special needs and after few years they can get
admission in common schools.
 In the present study 1 high school (5.26%), 2 intermediates (10.52%) and 2 graduates (10.52%)
TG/Hijras stressed on the need of more and more awareness- raising workshops, talk shows and
media campaigns arrange by the government and NGOs for the betterment of TG/Hijra community.
 27 out of 38 respondents (71.05%) expect legal awareness programmes and free legal- aid for them.
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6.2 Solutions
 Made effort for inclusion: There is a need to prepare a place where the transgender feels secure.
Teacher and community members can play an important role in inclusion. India is facing a severe
shortage of skilled workers in various fields. There is a need to provide education and training for
teachers and other school members. At higher and secondary levels technical training should be
provided to transgender people who prepare for their careers.
 Words and / or pronouns: Use words and / or pronouns appropriate to the young person’s chosen
identity. Remember that it is everyone’s right to be called by the name we have chosen, and it is
everyone’s right to be identified as the person we see ourselves as. Please apologize if you are using
an invalid ad or a bad name.
 Availability of toilets: Educate staff and youth on gender identity. Make sure everyone
understands that transgender young man. If possible, choose neutral toilets and key rooms (toilets
that one can use, regardless of gender or sexual orientation) Educate staff and youth about ownership.
 Confidentiality: Ensure that the system maintains confidentiality regarding gender identity, gender
expression, sexual orientation, and the sexual behavior of all young people in the program.
 Qualities: Search for transgender support groups and GLBTQ youth organizations in your area.
Make sure these groups and organizations are included in your resource list.
 Provide financial assistance: The government should provide tuition fees, refunds, bursaries, free
textbooks, free hostel accommodation and other institutions with transgender student subsidies to
make higher education and professional education accessible to the public. Special training should
be provided to candidates for the competitive exams.
 Establishment of an anti-apartheid cell: All educational institutions/universities must establish an
anti-apartheid cell to monitor any form of discrimination against transgender society. In a strong antiaging cell line, there should be no tolerance for any discrimination or complaint.
 Research: There is a need for a focus on research institutions and educational activities to generate
more data / information to identify and understand issues related to various aspects of their lives and
to assist policy frameworks with research and education programs that will bring long-term and longterm change.
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BIBLIOGRAPHY
A. Newspapers: The Hindu
 The Indian Express
 Times of India
 Hindustan Times
B. Books/ Articles Referred: Transgender Person(Protection of Rights) Act, 2019
 Governing Gender and Sexuality in Colonial India – by Jessica Hinchy
 We Are Not The Others, Reflections of a Transgender Artivist - by Kalki Subramaniam
 Transsexualism in Hindu Mythology – by Shiva Prakash Srinivasan and Sruti Chandrasekaran
 A Commentary on Transgender Persons and The Law – by G.B. Reddy and Baglekar Akash
Kumar.
 All India Reporter
 Supreme Court Cases
 Supreme Court Reports
 The Constitution Of India – by J.N. Pandey
 Indian Penal Code – by P.C.A. Pillai
C. Reports:India’s 2011 Census Report
D. Websites : https://www.thetaskforce.org/downloads/reports/reports/Transgender
 http://docslide.us/ documents/quality-of-life-of-transgender-older-adults563851b987091.html
 https://www.indiatimes.com/news/india/in-a-first-chhattisgarh-to-recruit-transgenders-in-itspolice-force-to-tackle-insurgency-in-state-344752.html
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