EDUCATION OF TRANSGENDER IN INDIA

EDUCATION OF TRANSGENDER IN INDIA

Introduction

Education is the key to enhance the competitiveness of any country in the global field. The Indian Constitution provides equal opportunity to every citizen for their fullest development, irrespective of caste, religion, gender, etc. These human rights include the right to social security, democracy, equality,  freedom of thought and expression, etc. One of the essential reasons that have given to the people of India is the right to gender identity. Choosing one’s gender identity is also a significant right that falls under the amendment of Article 21. The supreme court of India stated that “The gender to which a person belongs is to be determined by the person concerned.” In India, there are three genders- male, female, and Transgender. On April 24, 2015, Rajya Sabha had passed Transgender Persons (Protection of Rights) Act, 2014. In section 2(t) of the activities mentioned above, the term transgender defined as ‘transgender person’ means a person whose sense of gender does not match with the gender assigned to that person at birth and includes trans-men and trans-women, gender-queers, etc.

Again, On August 1, 2016, Transgender Persons (Protection of Rights) Act, 2016 had been passed by Lok Sabha, Lower House of Indian Parliament and its Section 2(i) has defined the term “transgender person” as a person who is :

(a) neither wholly female nor wholly male; or

(b) A combination of female or male; or

(c) Neither female nor male; and whose sense of gender does not match with the gender assigned to that person at the time of birth and includes trans-men and trans-women, persons with intersex variations and gender-queers.

The history of the world witnessed the existence of third gender people since human civilization has started. In Census 2011, first-time transgender persons on the count and the total population was estimated approx 4.9laks in our country. The data also revealed that only 46% of people are educated compared to 76% literacy in the general population. Most of the people are uneducated, and many of them are dropouts. This community comes under the category “disadvantage group” defined by the Right to Education Act 2009 and ensures education for them.

Historical background of Transgender

Indian society is witnessed of existence of transgender people for centuries. There is historical evidence claim the life of third sex in Indian since ancient days. In ancient Indian scriptures, Transgender mentioned.  The Aravani temple, located in Villupuram district of Tamil Nadu, witnessed a culture that has been performed by Aravanis(Transgender). This culture based on the story of great Indian epic Mahabharata, in which Lord Krishna has converted himself as a girl(Mohini) and married Iravan, who had sacrificed his life to Goddes Kali for the victory of the Pandavas before Kurukshetra war. Therefore, transgender people claim themselves as the ancestor of Iravan and call themselves ‘Aravanis.’ The character ‘Shikhandi’ in Mahabharata was also a transgender person who fought against Kauravas in the Kurukshetra war. In the epic Ramayana, when Rama lest Ayodhya for his 14-year banishment, a group of third gender people followed him into the forest because of their faithfulness to him. Rama noticed them, told them not to be sad, and asked them to return Ayodhya. When he returned Ayodhya, he found that the people were still there and had not moved from the place where their King Rama gave his speech. Lord Rama was impressed with their devotion and granted them the power of blessing people on auspicious occasions.

In the Early modern period of India,  Zahiruddin Muhammad Babur, who founded the Mughal Empire, described in his autobiography Baburnama that he was fascinated with a teenage boy. Transgender people had a significant position in court and various administrative services in the Ottoman empires and Mughal empires. Because of their clearness, trustworthiness, and dependable nature, they were holding prominent positions like an executive officer, the religious authority to run the holy places of Mecca and Medina and also permitted to offer blessings to the people. Dutch merchant Francisco Pelsaert witnessed the prestige and power of the third gender when he visited India during the Mughal rule and wrote an account in the Dutch language in 1626, which was translated in English by W. H. Moreland and P. Geyl, and published as Jahangir’s India.

Eunuchs guarded the harem of the Mughal Empire. Whose job was to maintain discipline in the harem. Ambar(Nazir) was a transgender person who holds the position of superintendent in Akbar’s court. In Ain-i-Akbari, it stated that  Ambar promoted as an officer of Akbar’s court and ‘Itibar Khan’ title offered to him. Later on, he was appointed as the governor of Delhi. Niamat also was a transgender person who was a caretaker of Akbar’s harem. In Akbarnama, Transgender titled as Khwaja and nazir. From the 18^th century onwards, the status of a transgender person has changed in India. During the British colonial period, their status has fallen drastically. The Criminal Tribes Act of 1871 is the main reason behind the situation of the people who categorized these people under ‘Criminals’ who were ‘addicted’ to committing serious crimes like kidnapping children and dressed like women to dance in public places. They punished with fine and imprisonment for such activities. In contemporary times the Government of India introduced so many welfare policies and schemes for social-economical development and constitutional safeguards for the transgender people.

Social  Status   and  Policies for transgender people

The Transgender in India is possibly the most well known and popular third type of sex in the modern world. Report of the Expert Committee on the issues relating to Transgender Persons of Ministry of Social Justice & Empowerment, 2013 finds that the Transgender community is one of the most marginalized and vulnerable populations in India. Beside these some transgender working in reputed place. Manabi Bandopadhyay, who became the first transgender college principal of  Krishnagar Women’s College on June 7, 2015. Currently, she is the professor and also became the first transgender person in India who has completed Doctor of Philosophy (PhD). Earlier, she had taught as an associate professor in Bengali at Vivekananda Satobarshiki Mahavidyalaya. At an age of 29, Joyita Mondal became the first judge as she was appointed at Lok Adalat in north Bengal in October 2017. Mumtaz, a social worker, is the first Transgender who came out to contest elections in Punjab from Bahujan Samaj Party (BSP). Amruta Alpesh Soni is working as the advocacy officer for the states of Punjab, Haryana, and Chhattisgarh for the National AIDS Control Project,  Bidhan Boruah, a third gender judge, was appointed in  Lok Adalat of Assam, and Vidya Kamble in Maharastra. Pakhi Sharma is a transgender Indian Bollywood actress and also working in the regional Indian film industry.

In India, Many states started working for the development of the transgender community. Tamil Nadu has introduced the transgender welfare policy called Aravani. According to the system, Transgender can access free Male-to-Female Sex Reassignment Surgery in the Government Hospital, an open housing program, various citizenship documents, admission in government colleges with a full scholarship for higher studies, etc. It was also the first state to form a Transgender Welfare Board in 2008 with representatives from the transgender community. In March 2009, the Tamil Nadu government set up a telephone helpline called “Manasu” for Transgender, an initiative that was responsible for the formation of India’s first helpline for the LGBTQ community in 2011 at Madurai. India’s primary transgender school opened in Kochi. The school, named Sahaj International, was inaugurated by transgender activist, writer and actor Kalki Subramaniam at Thrikkakara in Kerala’s Ernakulam district. The Government of Odisha formulated an umbrella scheme ‘Sweekruti’ to secure the rights of transgender persons and ensure equitable justice.  It recognizes that transgender persons are subject to discrimination and hardships in society. One of the earliest initiatives was the Mythri Scheme announced by Siddaramaiah, former Chief Minister of Karnataka in 2013-14, under which a monthly pension of rupees 500  given to Transgender above the age of 40. On October 1, 2015, the West Bengal Government requested the Kolkata Police to recruit Transgender in the Civic Police Volunteer Force (CPVF) to end the stigma and discrimination against the community. The social welfare department of the  Government of Assam issued a notice on March 2, 2019, saying that the government has formulated a draft policy for the upliftment of transgender people living in the state on a rights-based framework in consonance with the judgment of the Supreme Court.

In 2009, India’s Election Commission took the first step by allowing Transgender to choose their gender as “other” on ballot forms. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is a significant initiative of the 11^th Five Year Plan period, which brought employment opportunities for transgender people.

The constitution of India has given equal rights like other citizens and ensures that they should not be discriminated against on the ground of gender as it can violate Article 14,15,16 and 21. The court also gives one’s gender expression protection under Article 19(1) (a), and no one shall appear on personal appearance or choice of dressing under Article 19(2).

Article 7(1) of Transgender Persons Act -2014 has given the right to live in the community with choices equal to others. Again, in section 11(1), it is ensured that no transgender child should be separated from his or her parents based on his gender except on order of court and interest of the child. Also, in section 11(2), it is stated that if the family is unable to care for the transgender child, the court shall try to place him or her within his or her extended family or the community in a family setting.   According to section 16(1), no transgender person shall be discriminate in any matter relating to employment, promotion, and other related issues by any establishment or organization. Again, section 16(2) ensures that any transgender person who applied for any eligible post shall have the right to appear for the selection and hold the position if selected.  According to section 22, directs government to reserve not less than two percent of vacancies for direct recruitment for transgender persons. According to article 26(1), The central government shall form a National Commission for transgender persons by notification, to exercise power given to them, and to perform the functions assigned to it under this act.  Likewise, at the state level, section 38(1) directs state government to form a body known as the State Commission persons to exercise power given to them and to perform the functions assigned to it.

According to Section-3 of Transgender Persons Act-2016, No person shall discriminate any transgender on the following basis :

1. The denial, or discontinuation of, or unfair treatment in educational establishments and services thereof.
2. The unfair treatment in, or about, employment or occupation.
3. The denial of, or termination from, employment or occupation.
4. The denial or discontinuation of or unfair treatment in healthcare services.
5. The denial or discontinuation of or unfair treatment about, access to,  or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege, or opportunity dedicated to the use of the general public or customarily available to the public.
6. The denial or discontinuation of unfair treatment about the right of movement.

Section 17(1) directs the Central Government to constitute a National Council for the welfare of transgender persons in the country by notification to exercise the powers conferred on and to perform the functions assigned to the council.

Policies and provisions for transgender  Education

Transgender people deprived of family and school environments. They are the most uneducated, and many of them are dropouts from educational institutions. The average qualification is secondary or senior secondary level. The enrolment is significantly low, and the dropout rate at the primary and secondary levels is still very high.  They hardly educated as they not accepted by society and therefore do not receive proper schooling. Even if they enrolled in an educational institute, they face harassment and are bullied every day and asked to leave the school or drop out on their own.

Right to Education Act, 2009 defied the transgender community as a disadvantaged group and advocated on their education in mainstream schools. For which kids of transgender people are provided 25% reservation in seats under economically weaker sections and disadvantaged categories. Part 2(i) of Transgender Persons Act, 2014, which was passed by Rajya Sabha on April 24, 2015, had defined ‘Inclusive education’ and said that it a system of education wherein all students learn together, most or all of the time. Again, section 2(q) made it clear that `rehabilitation’ refers to a process that aimed at enabling transgender persons to attain and maintain maximum independence, full physical, sensory, intellectual, psychiatric, social and vocational ability, and inclusion and participation in all aspects of life.

Section 13 of ‘Transgender Persons Act, 2014’ says that all educational institutions funded or recognized by the appropriate government and local authorities should provide inclusive education –

1. Without discriminating any transgender children, every educational institution should admit transgender students to offer them quality education and  also opportunities for sports, recreation and leisure activities on an equal basis with other
2. Based on the individual’s requirements, reasonable accommodation should be provided.

• Necessary supports in environments should provided which can maximize academic and social Development, consistent with the goal of full inclusion.

1. In respect of every transgender student, participation and progress in terms of attainment levels and completion of education should be monitored.

Section 21 of above mentioned act makes provision that two percent of the total seats in each class or course should be reserved for transgender person by all the primary, secondary and higher educational institutions which are receiving aid from the government and they are not to be prevented from competing for seats which are not reserved for them.

Challenges in Transgender’s education

Every child has right to live with full dignity of life as a normal human being. In our country many groups on the basis of poverty, disability, difficulty, deprived conditions, are disadvantaged, like transgender children. They were never considered as main part of our society from colonial period, though they could be good human resource for the national progress. The classification for their gender identity as “Third Gender” creates many problems to them and it put them at lower level in the socially accepted sexuality orientation. Third gender provides them legal rights but they are not able to fully enjoy their rights and they remain a part of marginalized group of society and are not treated equally as compared to other people. Right To Education -2009 has emphasized on the education of transgender children in mainstream schools. Right To Education-2009 gave a boost to Article 21A guaranteeing universal elementary education particularly children of marginalized groups. Transgender children will be able to take admission under disadvantaged category. However, the Central Government and State Governments have formulated various policies and provisions to ensure that no transgender child remain uneducated.  However, there are various challenges in transgender education.  Some challenges are discussed here.

Firstly, Inclusion of Transgender with school and college is a big challenge. It is so challenging to provide equal opportunity of education to Transgender because there is a problem of inclusion with male and female gender students. Teacher, school/college management and community can play significant role in inclusion. Transgender children should be given vocational and skill training to be self dependent. Teachers and other members of schools/colleges should be sensitized about transgender issues. Vocational training to teen transgender children should be provided to prepare them for any job. This self dependence will enhance their moral confidence and their acceptance in the society as well as in family.  In the academic session July, 2017 Prof. Ravindra Kumar, Vice Chancellor, Indira Gandhi National Open University (IGNOU), New Delhi announced Free education for transgender persons/children in all programs of IGNOU through Open Distance Learning (ODL) mode. This is really big move in the direction of educational opportunity to transgender persons/students with motivating and favorable environment. This move will set an example to other universities of the country and it will help in creating acceptance of transgender persons in educational institutes, in developing attitudinal barrier free environment for their education and skill development. Now transgender students can continue their education or learning for their better development.

Secondly, after the inclusion of transgender children in school he or she may face harassment in educational institution. So, like women harassment cell there should be transgender anti-discrimination cell in schools or colleges or other educational setting, to supervise any kind of discrimination and harassment against the transgender persons.

Thirdly, when a transgender youth identifies as a particular gender, it is respectful to the youth’s human dignity to use the name chosen and the pronouns appropriate to that particular gender. To persevere intentionally in the use of a prior name and other pronouns is to be deliberately disrespectful. Transgender youth can understand and sympathize with some confusion, so long as there is continuous, good faith progress in using the proper name and pronouns. We should call the transgender children or persons by their name while you are calling or talking with them because each and every person has own dignity and self respect. This practice will boost their confidence and acceptance in society.

Fourthly, Lack of awareness of transgender right among the people can be barrier for understanding and acceptance. Therefore, Every educational institutes/school/college or other organization should make aware about transgender children and their rights and respect as human. It should be assured that environment of the organization must discrimination free regarding, sitting space, toiletry facilities, confidentiality of such persons etc.

Fifthly, Lacking of financial assistance for transgender people from government or NGO’s  may also a significant barrier for their development. Therefore, government should provide financial assistance for transgender children like scholarships for their studies, books, hostel facilities.

Sixthly, Establishment of educational institutions for transgender community with required facilities need to give importance. To provide better educational opportunities and inclusion of transgender children our teachers must be sensitized and skilled in teaching the class which has transgender students. Beside about the importance of transgender children society should be made aware with reference related issues of transgender children.

Conclusion

In this 21^st century people must be ready to accept the change and support it which can come only attained through education. It would not be right to judge and discriminate people who may be different from general people as every person on this planet earth is unique and a part of nature.  Indian people  should realize that every individual living in this country has equal rights ensures by the constitution. Likewise, transgender peoples are having the Right to Equality under Article 14 of Indian constitution. Also, Article 15(1), 15(2) and 16(2)

ensures no discrimination against them  on the basis of religion, caste, sex or place of birth. Article 21 speaks about  right to privacy and personal dignity to all the citizens of the country. Again, Article 21 (A) states that education is a fundamental right to every citizen.  Article 41 directs the states to make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want within the limit of its economic capacity and development. Despite such laws ensures by  the constitution, the third sex continues to be excluded from the society.  Therefore, Equal importance should be given to the third sex introduced by the supreme court of India. For progressive development and rehabilitation of transgender children and persons a national commission should be established to look after their educational, social and economical rehabilitation. This is a great need to have the adequate data of transgender persons or children as per their educational status, age, literacy in different age groups, enrolment and dropout at different levels of education. This data can be collected through next Census and mechanized research efforts and government reports which may surely help the government to formulate new opportunities and provision for the welfare of this community. There is an essential need to understand the status of third sex in our society and make government policies which ensures to protect the rights of transgender community.

References

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