Extend Garima Greh scheme to entire LGBTQIA+ community
The Madras High Court has disapproved of the practice of union Ministry of social justice and empowerment restricting the benefit of Garima grah scheme only to transgenders.
The court observed that transgender persons are only a fraction of entire LGBTQIA+ community, hence the benefits must be extended to enlarge the scope of the scheme
Garima Greh Scheme
- The transgender persons under the scheme get a secure living space and care
- The centre has provided 100% financial assistance for setting up such shelters in 12 States
- The basic requirements like food, counselling, medical services and skill development training are provided in these shelters
- It would help to act as a single point for the community to avail various welfare measures and benefits being planned by the government
- The scheme has been enacted to implement the provisions of Transgender persons (protection of rights) Act,2019 and Transgender Protection Rules,2020 notified by the Ministry of social justice and empowerment
LGBTQIA+ AND THE PANDEMIC CRISIS
- Amid the pandemic, the community especially those who are visibly queer like the transgender people have remained at the bottom of priority list of healthcare measures
- There have been negligence towards the basic Health care needs of the marginalized LGBTQIA+ community which are closely related to the livelihood and social existence
- The transgender community specifically has a very little access to healthcare services and the pandemic made it more difficult for them to access covid-19 and General Health services
- According to a transgender activist the likelihood options have dried up during the pandemic and the reality is that they are struggling to survive
- The activist also raised concern that many in their community do not have Aadhar cards facrf problems to even get tested for covid-19
- The community has also faced in men's domestic violence during lockdown, the orientation of people have been exposed and there were incidences of violence in the interpersonal relations also
- The queer people have faced the layoff first at their workplaces, the pandemic has launched the weather right to live a life free of violence
ISSUES FACED BY THEM
- Vulnerability faced by the third gender: The third gender that is LGBTQIA+ is still vulnerable in our country despite the traditional rights and laws, they have been suffering discrimination from ages
- Historical perspective:In ancient India the third gender was having equal and dignified rights, for instance the Khajuraho group of temples of 11th century show explicit imagery of homosexual people in an exceptionally beautiful and dignified way
- The culture and societies changed with the advent of urbanization, industrialization and growth and so did the mentality of people
- Societal norms: The people from this community is started getting punishment from society and legal law for having relations as per their choice
- The lesbian women and transman especially in rural areas and up at the bottom of the hierarchy when it comes to basic human Rights within the unit of family and village
- Discrimination in every sphere: The discrimination has reached to such an extent that the LGBTQIA+ people get deprived of all aspects of life be it education, marriage, health, job opportunities and most importantly the respect in society
- Exploitation: the community is most vulnerable to exploitative measures for instance-
- Lesbian women are subjected to family sanctioned corrective rapes, to cure them of homosexuality, refusal to marry brings more physical abuse
- Uneducated urban India suicide by lesbian women make headlines every year, it was ruled by the tribunal that the only danger to lesbians in India is from their own families
STEPS TAKEN
NALSA vs. Union of India (2014)
- The supreme court will easily recognise the rights and freedom of transgender people
NavTej Singh Johar Case(2018)
- The supreme court decriminalised homosexuality by striking of parts of section 377 of Indian penal code (IPC) which has been held violative of fundamental rights of the LGBTQIA+ community
- The court observed that the overarching ideas of individual autonomy and liberty, equality for all sans discrimination of any kind, recognition of Identity with dignity and privacy of human beings constituted the cardinal four corners of our constitution forming concrete substratum of fundamental rights
The transgender persons (protection of rights) Bill, 2019
- The built defines a transfer personal someone whose gender does not match the one assigned at birth
- It prohibits discrimination against them in employment, education, housing, healthcare and other services
- It allows self perception of gender identity but mandates that each person would have to be recognised as transgender on the basis of a certificate of Identity issued by district magistrate
Concerns
- The transgenders person act makes it mandatory for the individual to apply for transgender certificate making the process of gender identification and refinement cumbersome and intrusive
- The rules not only exacerbate humiliation and in ways of polishing but also go against the right of self declaration as recognised under the NALSA judgement
- The actors also unclear on the the access of trans individuals to welfare benefits and civil rights
- The NALSA judgement directing the government to establish affirmative action measures in order to increase the presence of transgenders in educational institutions and public appointments
Road ahead
- Natural identity of an individual should be treated to be absolutely essential to his being as what nature gives is natural. Thus, inherent part of personality of a person has to be respected and not despised or looked down upon
- Social media play an effective role, there have been several experiences where people have met and interacted with other queer people and found even used to express their fears and desires
- There is also a need to redefine the role of family, it is the fundamental responsibility of any parent to accept their children's identity
- By accepting their child, the parents can help to create a better society that values diversity and accept the uniqueness of people as they are
- Working with the Gen Next: it is an encouraging sign that schools and colleges have begun to take up institutionally approved LGBT activism since invisibility is the first and biggest challenge for the community.
- There is a need to bridge the gap between academic knowledge and everyday experiences to change the ground reality
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