SHILLONG: Many states, including Meghalaya, are yet to act on the Supreme Court judgment on transgender rights.
Speaking to media persons on the sidelines of a state-level workshop organised in Shillong by SAATHII (an organisation working for transgenders) and AMANA, in collaboration with Meghalaya State Legal Services Authority (MSLSA) here on Saturday, transgender activist from Manipur Santa Khurai recalled that the Supreme Court’s 2014 judgment recognised transgender as the third gender.
“The Apex Court had ruled that the term transgender includes pre-operative, post-operative and non-operative transsexual people, who strongly identify with the gender opposite to their biological sex. It also stressed on the need to grant legal recognition to transgender persons’ gender identity such as male, female or as third gender based on self-identification,” Khurai said, adding that the states were given six months to implement the directive but many, including Meghalaya, have not taken any effort in this regard.
Stressing on the need to create awareness among the masses about the rights of transgenders, Khurai said the Ministry of Social Justice and Empowerment has come up with several schemes, including old age pension, scholarships and even vocational courses for the “third gender”.
While admitting that they do face stigma, besides problems in having access to government programmes, Khurai added that she is the first transgender from the North East to get a passport.
She also informed that around 250 transgenders from Shillong are in touch with her.
Biswa Bhusan Pattanayak, Senior Programme Manager, SAATHII, said that all the States must constitute transgender welfare boards. “Till date, many states, including Meghalaya, have not taken any measures to map the transgender population in the state,” he said.
Meanwhile, the legal service providers and other government stakeholders affirmed their commitment to come forward and support transgender community members in Meghalaya to protect their rights in line with the Supreme Court’s judgment of April 2014 during the workshop.
A total of 23 legal service providers, associated with MSLSA and District Legal Services Authority, six representatives from various departments, including Social Welfare, Education, Health, Home, Law, as well as transgender community members, associated with Shamakami, a local support group, were part of the workshop.
Speaking at the meeting, W. Diengdoh, Member Secretary, MSLSA, pointed out the discrimination faced by transgender people at home, educational institutions, place of employment etc.
He referred to the crucial sections of the judgment and stated that Articles 14, 19, and 21 of the Constitution ensure that all persons are equal before law and that freedom of speech and expression should be granted to all citizens who should be guaranteed a life of dignity.
On the occasion, L. Ramakrishnan, vice president of SAATHII, Khurai, who is also the secretary of AMANA, and BB Pattanayak made a joint presentation on the Supreme Court judgment and way forward for transgender inclusion in Meghalaya.
They noted the expansive nature of the judgment and emphasised on the need for government authorities to work towards inclusion of transgender people who are identified as third gender.
Dona, a transgender activist from Shillong, recalled how she was bullied in school due to her gender expression. She appealed for mapping of transgender community members by the state government to enable comprehensive assessment of needs and measures to enhance access to social security schemes.
Mili (name changed), a transgender activist from Shillong, narrated stories of harassment towards community members stating that the state police doesn’t allow community members to go out in public after 10pm.
She also stated that the restrictions on the community by the police were not applicable to gender conforming people.
