More than three years after she was denied a job in the Maharashtra State Police force despite passing the written exam with flying colours because a medical test declared her a "man" citing anatomical anomalies even she was not aware of, the Bombay High Court on Thursday (May 12) finally cleared the way for the woman's appointment, asking the Maharashtra Government to finalise it in two months. (The court has masked the woman's name in this case).
Despite the Transgender Persons (Protection of Rights) Act, 2019, which was brought to end discrimination against transgender persons in accessing education, employment and healthcare, and recognise the right to self-perceived gender identity, their harassment continues endlessly — from daily living to job scouting.
Existing structures continuing to categorise people into the binary of male and female has resulted in the need for them to approach the courts or governments repeatedly for the implementation of every single aspect of the law that was passed to protect them.
Though the Transgender Identity Certificate acknowledges the gender assigned at birth and gender requested, while applying for jobs, they are often compelled to identify themselves as male or female in the absence of a third option. And after they reveal their identity in their resume, they wait in vain for an interview call.
The “disgusting stares” from people in public places, says 30-year-old trans-man Kabir, is unbearable. It reminds Kabir of his school days when classmates were confused and abusive. Once Kabir went for a school teacher’s job interview and the panel apprehensively mentioned that a sari was the mandatory attire in school. “I did not know how to respond. I had not fully transitioned but I had short hair and wore what I think is the most gender-neutral attire, a kurta and jeans. It was also the time I was struggling to fully understand who I was,” Kabir said.
Trans-woman Jane Kaushik, 29, is fed up of applying. “When I let them know I am trans, they don't even bother to shortlist me for the interview," said the postgraduate in political science with a B.Ed degree. She decided to go through the Delhi Subordinate Services Selection Board, but while filling the application form, she saw there was no option to identify as third gender.
Jane applied as a woman but did not show up for the exam fearing her appearance could create trouble inside the examination hall and that she may be denied permission to write the exam. Later, Jane approached an NGO for help to get the job application forms revised with an option for third gender, which was done in 2021.
However, the updated version following the intervention of Social Justice Ministry does not allow re-registration after a correction is made in the gender column and this, says Jane, has been a recurring problem for majority of transgender persons. Jane approached the Delhi High Court with a plea to enable re-registration and also sought reservation for transgender persons in government jobs. A similar plea has been filed in the Bombay High Court and both courts have issued notices asking the respective governments to respond to it.
“We can't force the society to accept us. Even now, many don't like to sit next to us in public transport. In public places, people get scared of us as though we are terrorists or aliens who are going to harm them. It is socially humiliating,“ Jane said, and added, “The government should take the initiative to give some representation to members of our community.”
After crossing multiple hurdles, as and when a transgender person gets a job, there is a fresh set of problems like social and professional ostracism. Aqsa Sheikh, Associate Professor, Department of Community Medicine, Hamdard Institute of Medical Science and Research, said the process to change her records with the varsity took her almost six months instead of one week as mandated. “I was on the verge of losing my job," Dr. Sheikh said.
Dr. Sheikh added that while her colleagues and other university staff were quick to accept her after she fully transitioned, she faced passive discrimination during her transition process. “A lot of people stopped talking to me. I stopped getting opportunities for attending workshops or participating in cultural programmes,” she recalled. Only her students were open to accepting her identity even while she was discriminated against in all matters.
After bitter experiences of job hunting, many qualified transpeople often end up engaging in sex work, according to Deepchandra, who runs Community Empowerment Trust, an NGO for trans sex workers in Delhi.
Jane says the discrimination against transgender persons begins at school and at home. “When I was in Class 10, a boy would daily touch me inappropriately and beat me and ask if I was a boy or a girl. In Class 11, one bully boy would demand oral sex from me inside the washroom, “ Jane remembers.
Jane came out to her parents after two suicide attempts while she was in school. She was fortunate that her parents were supportive, unlike many others, including Kabir's, who started believing rumours that he was involved in sex work and into drugs.
“It got to a point that my parents spied on me to ensure I went to school and returned home straight,” he said.
“Girls in school would ask me if I menstruated and make fun of the way I wore the uniform. I could neither complain to the teachers nor tell my parents,” Kabir added. He said the lives of transgender persons is extremely discriminatory till they finish their basic education. But the harassment is sometimes so severe that they are unable to focus on studies, even if they wish to. “We are a century behind as far as our basic rights are concerned,” Jane said.
Even though reservation for trans people under the Other Backward Classes (OBC) category is under consideration by the government, Jane’s petition in the Delhi High Court, and the petition in the Bombay High Court, seek separate reservation. Jane told The Hindu the government ought to move beyond just making laws and show through meaningful action like reservation that it wants to mainstream transgender persons.
Kabir, who also is a member of a Scheduled Caste, said the demand is valid. “We first face the world as an SC and then as a transperson. It is an added layer of discrimination,” he said.
