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legislation discrimination against transgenders
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Transgender in India: Are the times really changing?
While most societies only acknowledge two categories of gender—man and woman—numerous cultures identify other genders too, and certain persons may identify as neither male nor female. The term “Transgender” is an all-encompassing term for individuals whose gender identity, gender expression or behavior does not match their biological sex assigned to them at birth. It also includes individuals who do not identify themselves as neither male nor female; a ‘third’ gender.
The concept of a third gender or tritiya prakriti / napunsaka has had a substantial historic presence in India, the proof of which can be seen in Hindu Mythology and Vedic and puranic literature. There is a mention of the
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The absence of laws in India giving legal recognition the Transgender Community didn’t only subject them to inequality and discrimination, but also deprived them of their status as a legal person. Since recognition by the law as a “Legal Person” is the inception of rights and duties, it is imperative for this community to get legal recognition of their gender in order to freely enjoy their rights and liberties as a citizen of India.
The judgment of the Apex Court in the case of National Legal Services Authority v. Union of India and Others has attempted to affirm the transgender community their fundamental rights given in Part III of the Indian Constitution. The Court upheld the right of Hijras/Eunuchs who comes under the category of ‘Transgender Community’ to self-identify their gender and observed that the government must grant legal recognition of a ‘third gender’ even in the absence of any existing statutory regime. “Recognition of transgender as a third gender is not a social or medical issue but a human rights issue,” Justice K.S. Radhakrishnan told the Hon’ble Supreme Court while handing down the ruling. Various directions were issued by the Court to the Central and the State governments, ranging from granting legal recognition to persons’
In How Sex Changed by Joanne Meyerowitz, the author tell us about the medical, social and cultural history of transsexuality in the United States. The author explores different stories about people who had a deep desired to change or transform their body sex. Meyerowitz gives a chronological expiation of the public opinion and how transsexuality grew more accepted. She also explained the relationship between sex, gender, sexuality and the law. In there the author also address the importance of the creation of new identities as well as how medication constrain how we think of our self. The author also explain how technological progress dissolve the idea of gender as well as how the study of genetics and eugenics impacts in the ideas about gender/sexuality and identity. But more importantly how technology has change the idea of biological sex as unchangeable.
For instance, sociologists would argue that characteristics of the male gender in a given society include independence, and dominance whereas females express more passive behavior. Gender identity, on the other hand is an individual’s sense of their gender or in other words, their sense as to whether they are feminine or masculine. Therefore, transgender is a term related to “people whose gender identity is different from the gender commonly socially assigned to them on the basis of their biological sex” (Morrow & Messinger, 2006, p. 7).“Biological theories assume that gender should be consistent with biological sex and there are only two genders and two sexes” which does not correspond to transgender people. Furthermore, transgender is also used as a general term to include people such as transsexuals and cross-dressers
Even though gender nonconformity has been prevalent since the early 1700’s with indigenous North Americans identify as “two spirited”, as unified nations we have not had any laws protecting the transgender and non binary community until the last 10 years. Stotzer talks about a
Transgender is an umbrella term, meaning an individual’s gender-identity does not align with their assigned sex at birth. Although transgender is a protected class in eighteen states, these individuals still face discrimination within the country and around the world (“Non-Discrimination Laws”). Transgender is not a lifestyle, no one chooses to live their life constantly being discriminated against. Transgender issues should be more educated on and their lives should be more protected.
“The federal government and almost every state recognize transgender people’s right to change their name and to have identification documents with the gender marker that matches their gender identity.” (Jami Kathleen Taylor, 2007) There are a lot of misconceptions on what the meaning of transgender is, some think that they only become the person whether it is male to female, or female to male after surgery. What people fail to realize is that every transgender person transitions in their own way.
To conclude, I chose this article as I found the discussion point interesting and wanted to bring to more people’s attention some of the underlying discrimination that is embedded in U.S. culture. Although transgender people are in the minority, they are no less than myself. I believe strongly that they deserve the same rights and opportunities that are presented to me daily. This article is relevant to the issues of Cultural Anthropology as it addresses questions surrounding gender stereotypes, gender discrimination, gender performance as well as relationship ties and kinship.
Over the course of this paper, we will take a comprehensive look at information regarding the transgender community issue in reference to four key sociology concepts. First, we will review information highlighting how transgender people come to the forefront of the public eye as well as the bathroom uproar continuously sweeping the nation. Next, we will examine the facts showcasing how transgender people go against the social norm of associating gender with a person’s given birth sex. Thirdly, we will review information showcasing the cultural inconsistencies throughout the nation when it comes to the acceptance of transgender people. Fourthly, the material will showcase the actions transgender people must face in several states throughout
Clinically speaking, a person who was assigned female at birth but identifies and lives as a man is referred to as a transsexual man, or transman, or female-to-male (FTM); a male-to-female (MTF) person is a transsexual woman or transwoman (Glicksman). Some people drop the transgender label after they have transitioned to their new gender. However, they want to be referred to only as a man or a woman. But what if our gender identity, our sense of being a boy or being a girl, does not match our physical body? From a very early age we will start to feel increasingly uncomfortable. For some this is a mild discomfort, for others it is so traumatic they would rather die than continue to live in the wrong body. Unfortunately as transsexual people are a small minority of the population the condition has been labeled by Psychiatrists as "Gender Identity Disorder". With the transgendered, the disordered assumption is that the
Transgendered people in America have made many great strides since the 1990s. They have encountered violence, lack of health care, and the loss of homes, jobs, family and friends. There have been many phases of the struggle of being transgendered in America over the years. The current phase we must be in now is equal rights. There are many variations of discrimination against the transgendered community. In our society we simply do not like what we do not understand. It is easier to discriminate than to try and understand. We are all created different and we should appreciate our differences. The change must come by addressing the views of the public. There is much justification in the unequal rights of transgendered peoples. The Human Rights Campaign has been started to achieve equal rights for all Americans including the LGBQ community. A serious injustice is in the world of sports. Professional sports are one of societies major traditions totally based on rules and regulations that are meant to preserve the integrality of the games, but may not be inclusive to all its players.
When an individual identifies themselves as transgender, it means that they feel that their biological gender does not match with their psychological gender. To put that into a simple man’s term, the individual feels they “were born in the wrong body”. For example, a man feels that he was meant to be born a woman and vise-versa. It does sound rather unusual, but why should that matter? An individual should be able to make his or her own decisions about how they live their life. Unfortunately though, not everyone feels the same way about this. That is how the controversy is created. This is why transgender rights should be strengthened in America not only because it is morally correct, but also because it would ease the lives of the people within this group, reduce the discrimination and harassment rates of transgender individuals, and help establish awareness.
Currently the citizens living in the United States are imprisoned within the binary of two genders. It is only acceptable for a person to identify as a male or a female. Depending on the gender the person identifies, as there is an expectation of how that person should look and act. The person identifying as the specific gender, must maintain the gender norms that are in place. These gender binaries are so prevalent in our lives; it is to the point where a large group of Americans are being overlooked. This group of Americans identifies as transgender, which means they do not fit society’s expectations of how a specific gender should look and behave. (gaycenter.org, 2012). The trans population does not fit the expected gender molds that are
Statistically, 0.3-0.5% of individuals in the United States (approx. 700,000 people) identify themselves as transgender and global estimates provide similar percentages (Gates, 2011). Studies conducted regarding transgender individuals show that this class of people suffer from unusually high physical, verbal, and sexual abuse, as well as discrimination in housing and employment (Patel, 2013). Patel (20...
Within the recent years, the transgender movement has become more apparent than ever. With television shows like “RuPaul’s Drag Race”, “Keeping It Up With Cait” and “I Am Jazz”, the voices of transgender people are more public than ever. Celebrities like Caitlyn Jenner and Laverene Cox are changing the face of the movement by showing people that it is never too late to be their true selves. American laws are acknowledging the rights of transgender people, but not in a positive way. These are just people trying to be their best selves. Transgender people deserve to have all the rights that a non transgender person has.
Government agencies such as the Affordable Care Act law defines no sexual discrimination including gender identity, transgender status prohibits majority of insurance companies and healthcare providers from refusing to cover transition-related treatments or using incorrect pronouns under the law. However, the greatest effect can only occur when we — as an American society — change our paradigm. What we can do to help to contribute the changes of degrading experience for many LGBT people in healthcare setting are educating ourselves and creating more awareness in general public to ensure that everyone needs to be treated equally whoever they are. We should be more open-minded to create a welcoming and acceptable workplace environment inclusive of all trans people, to prevent transgender from getting reluctance to reveal their sexual orientation or gender identity to their health providers by training on the full scope of this minority group health in medical schools, and to keep fighting for the state-laws to ensure equality in for transgender individuals in the public utilities and services since only almost half of U.S. states discriminating against transgenders is considered
Tellis, Ashley. “Ethics, Human Rights and The LGBT Discourse in India.” Applied Ethics and Human Rights - Conceptual Analysis and Contextual Applications. 1st Edition. Delhi: Anthem Press India, 2011. 151-170. Print. .