Our Collective Pride
Context:
- Within the various societies around the world, there is diversity. Regarding India, it has been one of the most closely followed queer rights cases in Indian history.
- While, it’s crucial to keep in mind other crucial occasions that contribute significantly to social advancement. It is an opportunity to evaluate the achievements and missed chances, and to make plans for a more equitable and inclusive future.
Important rulings and occasions that promote inclusivity in society:
- Every year, the month of June is set aside to honour and celebrate lesbian, gay, bisexual, and transgender pride.
- One significant development was the Supreme Court’s decision to include transgender people, including trans masculine and non-binary people, in the Medical Termination of Pregnancy Act’s definition of women.
- They can now obtain abortion services as a legal right. This was a legal standard given the increasingly stringent abortion laws in nations like the US.
- The supreme court also adopted a number of measures to make the legal system inclusive of queers.
- It included gay non-binary attorneys to its Gender Sensitization and Internal Complaints Committee. It produced a module to educate the judiciary on the LGBTQIA+ community, and other modest initiatives, like building accessible restrooms within the courthouse, were also greatly appreciated.
Increasing Ayushman Bharat’s scope:
- The TG Plus card, which gives transgender people access to health and gender-affirming therapies, broadened the scope of Ayushman Bharat to encompass the health needs of transgender people.
- Health insurance providers are now more frequently providing spouse benefits to same-sex couples. Making medical courses queer-inclusive has also advanced.
- The political representation of transgender people is actively pursued. The first transgender municipal councillor in Delhi is Bobi Kinnar, who won a seat from Sultanpuri on the AAP ticket.
- Another transgender person, Sonu Kinnar, also made history when he was elected to lead the Nagar Palika Panchayat in Chandauli, Uttar Pradesh.
NALSA Evaluation:
- The Transgender Persons Act mandated gender transition by medical or surgical means. The NALSA decision also made it possible for transgender people to change their name and gender in records without the need for medical attention, however regulations are frequently not put into practise in India.
- A transgender man who had undergone surgery sued his company in a case before the Rajasthan High Court because they would not change his name and gender in their records. In addition to reiterating everyone’s freedom to express and affirm their designated gender, the court’s ruling went beyond the Transgender Act by directing the state government to establish district-level grievance redressal systems.
- Accessing public settings is frequently challenging for transgender people. The recent move by the Karnataka government to provide free bus travel for transgender individuals was greatly needed. It must now pay particular attention to transgender people’s safety within the state.
The way forward: The subsequent actions that must be taken:
- While we rejoice in these accomplishments, we must also be aware of the community’s unmet needs. In India, there is still no national legislation outlawing traumatising, inhumane, and unscientific conversion therapy.
- Surgery to sex-normalize children who are intersex is unregulated. Sincere consideration and action are required to address the transgender community’s long-standing demand for horizontal reservations.
- Despite the laws being in place for more than two years, numerous parts of the Transgender Persons Act have yet to be implemented. These provisions include creating transgender welfare boards, notifying rules, transgender protection cells, etc.
- The SMILE programme for transgender individuals and the establishment of a few shelter homes known as Garima Grehs by the Ministry of Social Justice and Empowerment have drawn criticism for only providing financing to the existing shelters.
- The queer community takes pleasure in existing and surviving despite all odds, but society as a whole needs to make sure that every person has access to all of their rights. Then and only then can our nation’s pride be fully celebrated.
