Project ‘Saahas’ was started in 2023 to provide legal empowerment to the transgender community and spread awareness about legal issues faced by them. In 2014, the Supreme Court of India had through National Legal Services Authority v. Union of India [“NALSA v. Union of India”] given legal recognition to transgender persons and acknowledged the State’s responsibility in refashioning the existing institutions to accommodate them into the mainstream. However, even after 10 years of that judgement, the rights of transgender persons remain recognized on paper but absent in practice.
Radio-Podcast on Transgender Rights with All India Radio
In 2023, the Legal Aid and Awareness Commitee [“LAAC“] conducted a radio podcast with Prasar Bharati’s All India Radio (Suryanagri Channel) to disseminate awareness about transgender rights. We brought to light the deep historical and mythological roots of the transgender community in India. The programme also delved into the legal framework surrounding the transgender community in India, emphasizing the rights and protections now in place. It expanded on their status in various domains such as education, employment, and political representation, shedding light on the progress made and the challenges that remain. In our final segment, we made a heartfelt appeal to our listeners. We encouraged them to cast aside their prejudices and, instead, embrace the transgender community with open hearts. This appeal was aimed at fostering a more inclusive and understanding society, where all individuals are treated with the respect and dignity they deserve.
Workshop on Transgender Rights
LAAC also conducted a Legal Literacy Workshop on the Rights of Transgender Persons on 20th January 2024. The aim was to disseminate awareness about the legal rights and entitlements of transgender citizens as well as the Central and State-level Schemes and also understand the issues faced by them. The session was attended by transwomen and LGBTQIA+ persons in Jodhpur. The members discussed the rights of transgender persons under Part III of the Constitution of India, the Transgender Persons Protection of Rights) Act, 2019 and the rules made under the Act in 2020. The members were able to understand and empathize with multifarious problems that make up the quotidian lived realities of queer individuals.
The event led to the beginning of a conversation on transgender rights and issues, and allowed us to understand the issues being faced by the community: ranging from adoption rights of transgender persons, to lack of redressal mechanisms in cases of breach of their rights. Most recently, even after getting a voter ID card, transgender persons in Jodhpur could not cast their votes because of technical barriers. We want to understand these issues, provide the requisite legal support to them, and take up these issues with the relevant authorities.
Stakeholder Summit on Transgender Rights: A Decade of NALSA v. Union of India
On 5th October, 2024, the Legal Aid and Awareness Committee hosted the Stakeholder Summit on Transgender Rights with the aim to increase the understanding of the significance of promoting and safeguarding transgender rights. The event was graced by Ms. Vyjayanti Vasanta Mogli, Prof. Dipika Jain, Ms. Disha Chaudhari, Dr. Garima Tiwari, Farhan Zia, and Adv. Kanmani Ray as the esteemed panellists. The event featured two sessions, the first being the workshop for paralegal volunteers, police personnel, and other attendees and the second being a panel discussion for assessing challenges to the road for queer rights in India, in the context of a decade of the landmark judgement of NALSA v. Union of India.
The sessions highlighted the critical gaps between legal frameworks and the lived experiences of transgender individuals, particularly the limitations of self-determination due to societal and bureaucratic barriers. They stressed the need for intersectional policies, community-driven solutions, and systemic reforms to ensure meaningful access to rights like education, employment, and healthcare. Reflecting on these challenges fosters deeper understanding and advocacy for genuine equality.
Session 1: Workshop
The workshop illuminated the aspects of intersectionality, proactive reforms, legal aid initiatives, and cultural transformation as critical to creating an inclusive society that genuinely upholds transgender rights. Farhan Zia rightly emphasized how societal gender roles restricted both cisgender and transgender people and how a deeper understanding of gender beyond the traditional binaries is necessary. Adv. Kanmani Ray critiqued the problematic aspects of the Transgender Persons (Protection of Rights) Act, 2019, particularly how it overly relies on medical examinations for gender identification, stressing the need for self-identification rights. Prof. Dipika Jain highlighted the role of legal aid in advancing transgender justice and the need for educational tools like handbooks and manuals to raise awareness. Lastly, Ms. Disha Chaudhari addressed the challenges that transgender people face in educational institutions, focusing on outdated gender norms, particularly concerning uniforms and documents. Thus, the workshop addressed both the legal and societal challenges transgender individuals face in India, with a special focus on the enforcement of their rights post-NALSA v. Union of India.
Session 2: Panel Discussion
The discussion focused on self-determination for transgender individuals, highlighting the limitations imposed by a hetero-patriarchal society. While laws like the Transgender (Protection of Rights) Act, 2019 support transgender rights, societal understanding and bureaucratic structures often restrict these rights. Speakers stressed the need for support systems created by the transgender community rather than society dictating their choices. Dr. Garima Tiwari emphasized that self-determination for transgender individuals was critical and must be rooted within the transgender community, not imposed by societal norms. Farhan Zia highlighted the bureaucratic barriers faced by transgender people, especially when officials lack awareness of the laws and provisions meant to support them. Prof. Dipika Jain raised concerns about the implementation of reservations, emphasizing that lumping transgender people into one category overlooks their intersectional identities. Ms. Disha Chaudhari stressed the lack of trans-inclusive policies in educational institutions, pointing out that even well-intentioned policies are often not executed properly. Moreover, Ms. Vyjayanti Vasanta Mogli also emphasized that the law alone cannot resolve the issues transgender people face. Adv. Kanmani Ray highlighted the difficulties of translating the progress on paper to the reality.
The speakers agreed that law alone cannot solve the challenges faced by the transgender community. More personal, societal, and institutional efforts are needed to bring about real change, including sensitizing healthcare professionals and ensuring that policies benefit transgender individuals without treating them as a homogeneous group.