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Symposium on Legal Support for Accessing Transgender Rights

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Symposium on Legal Support for Accessing Transgender Rights Meeting Report SYMPOSIUM ON LEGAL SUPPORT FOR ACCESSING TRANSGENDER RIGHTS New Delhi February 14, 2018 Human Rights Law Network 576, Masjid Road, Jangpura New Delhi- 110014 ABBREVIATIONS F to M/F-M/FTM Female to Male HIV Human Immunodeficiency Virus ID Identity Cards IPC Indian Penal Code LGBTQ Lesbian, Gay, Bisexual, Transgender and Queer MA Master of Arts MBBS Bachelor of Medicine and Bachelor of Surgery MGNREGA Mahatma Gandhi National Rural Employment Guarantee Act MHA Ministry of Home Affairs M to F/M-F/MTF Male to Female MSJE Ministry of Social Justice and Empowerment Report NALSA National Legal Services Authority NGO Non-Governmental Organisation NLUP New Land Use Policy NSAP National Social Assistance Programme OBC Other Backward Classes PhD Doctor of Philosophy POCSO Protection of Children from Sexual Offences Act RSBY Rashtriya Swasthiya Bima Yojana RTE Right to Education SC Schedule Caste SRS Sexual Reassignment Surgery ST Scheduled Tribe TG Transgender Trans Transgender US/USA United States of America 2 GLOSSARY OF TERMS Gender Gender is an internal sense of one's self with regards to being "male,""female," both or neither regardless of one's physical sex. Although "gender" is commonly misused to refer to the sexual distinction between males and females, it should not be viewed as a biological condition or confused with a person's attraction to sex partners. Binary Gender System A culturally defined code of acceptable behaviors and appearance which insists that there only two and only two sexes and two and only two genders that matches them. Butch Butch is a word commonly used in the lesbian and gay communities to identify masculine females or sometimes masculine gay men. The spectrum of identity within the lesbian community can include "soft butches" who identify masculine women, to transgender butches who often do not identify as "women" and are somewhat bi-gendered in their identity," to those who identify as transmen/FTM's but still retain an identity as "butch." Cisgender An adjective that means non-transgender. In other words, a cisgender woman is someone who was physiologically female at birth, raised as a girl, and who identifies as a woman. Gender Dysphoria A medical term used to denote any person who strongly and persistently identifies with the opposite sex. Also called Gender Identity Disorder (GID). Gender Euphoria Feeling positive about one's cross-gender activities. The term arises in the transgender community as a pun playing on the psychological term “gender dysphoria". Gender Identity An inner sense that one is or belongs to a particular gender regardless of the actual physical body they inhabit. This is the individual’s innermost concept of self as "male or "female." Hijra A person who is born as a man but identifies with being a woman. In India, the term Hijra is often used as an umbrella term for the entire transgender community. 3 Gender Reassignment The actual surgery required to change/alter a person’s sexual Surgery (GRS)/ SRS Sex organs and sex determining features such as breasts, what the Reassignment Surgery person is born with. More recently being referred to as “Gender Affirming Surgery”. Inter-sex Persons born with physical or hormonal anomalies that result in variance from standard sexual conformation. There are a wide variety of conditions, some of which may not be discovered until puberty. Sexual Orientation A term used to refer to a person's emotional, romantic and sexual attraction (or lack thereof) to individuals of a particular sex, i.e. whether one is heterosexual, homosexual or bisexual – amongst other orientations. Although sometimes mistakenly equated with gender identity, sexual orientation is separate and distinct, from one's gender identity. For example, a person who is sexually attracted to men is not necessarily a woman. Transgender An umbrella term referring to anyone whose behaviour, thoughts, or traits differ from the societal expectations for their sex. While some community members object to the term, it is generally considered politically useful. The term transgender should be used as an adjective, not as a noun – hence a person is a ‘transgender person’, not ‘a transgender’. Transman A female-to-male transgender person – assigned female at birth but identifies as male. Transperson A transgender person. Transwoman A male-to-female transgender person – assigned male at birth but identifies as female. GAT Gender affirmation therapy. 4 CONTENTS: Abbreviations ............................................................................................................................ 2 Glossary of Terms ..................................................................................................................... 3 Introduction .............................................................................................................................. 6 Background ............................................................................................................................... 7 Objectives of the Symposium ................................................................................................. 10 Session 1: Field experiences of NALSA implementation at state-level ................................ 11 Chairs – Sutanuka Bhattacharya and Rachana Mudraboyina ............................ 11 Speakers: Santa Khurai ......................................................................................... 11 Namita Parida ....................................................................................... 12 Rituparna Borah ................................................................................... 13 Neel Ghosh ............................................................................................ 14 Biswa Bhusan Pattanayak .................................................................... 15 Rachna Mudraboyina ........................................................................... 17 Sutanuka ................................................................................................ 18 Session 2: Field challenges and successes for getting name and gender change done and access to benefits ..................................................................................................................... 20 Speakers: Grace Banu ........................................................................................... 20 Reshma Prasad ...................................................................................... 21 Amrita Sarkar ........................................................................................ 23 Meera Parida ......................................................................................... 24 Neeraj .................................................................................................... 25 Randhoni Lairikyengbam ..................................................................... 27 Dona Marwein ...................................................................................... 28 Lucky Neog ........................................................................................... 28 L Ramakrishnan .................................................................................... 29 Session 3: Public Interest Litigation ...................................................................................... 31 Session 4: Way forward - Recommendations and Plan of Action ........................................ 34 Annexure 1: NALSA Judgment ............................................................................................ 40 5 INTRODUCTION Human Rights Law Network (HRLN) organised a consultation to discuss the legal support needed for accessing transgender rights on 14th of February 2018 at its office in New Delhi. The symposium was a part of HRLN’s ongoing initiative to advance rights of LGBTQ persons in the country. The meeting consisted of several activists, lawyers, researchers and NGOs from across India; who came together to discuss and debate various issues facing the community, as well as consult with one another regarding what action may be taken as we proceed with the movement for transgender rights. The consultation began with activists from various organisations across India presenting the current status of access to transgender rights in their states, the status of implementation of the National Legal Services Authority (NALSA) Judgment, and the most challenging problems that they face in accessing justice. The consultation offered a platform to activists, community workers and human rights experts to have in depth discussions regarding the failures in the implementation of the NALSA Judgment as well as other policies, legislations, programmes and schemes for transgender persons, based on their field work experiences. Key problematic areas brought up were the right to self- identification, name and gender change for identity certification, access to equal employment opportunities, workplace harassment, access to health and life insurance, access to entitlements with regards to Sexual Reassignment Surgery (SRS), and a lack of provision of personal and private laws (such as that for inheritance) within the NALSA judgment. Additionally, the proposed bill on transgender rights and its failure in effecting a strong legal framework representing the voices of the community, was discussed in detail. The consultation concluded with a coordinated plan of action that the national movement for transgender rights can adopt going forward to ensure that
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