INTRODUCTION
Transgenders have been that part of the minority in our society who have been ostracized and oppressed for their sheer own identity[1]. From early childhood, trans individuals have had their share of difficulty in getting to terms with their identity and sexual orientation. Furthermore, treating them harshly in the workplace pushes their mental well-being to an edge at times leading to suffering from Gender Dysphoria[2]. Lately, many developments can be seen brimming up the surface giving hope to this vulnerable community, but much work has to be done for creating a safe place to work around. For upbringing the holistic developments of the community, we must ensure that trans individuals are getting recruited[3]. This may help in solving the problem of poverty but promoting and protecting the rights of the community and enlightening the other employees on how to create a safe workplace becomes crucial[4].
CHALLENGES FACED GLOBALLY AND IN INDIA
Many global and inter-governmental organizations are working to improve the environment of the workplace. Yet, the efforts will only be fulfilled if the company itself chooses to mandate their regulation and policies. The two separate studies conducted by Harvard Business School showed that 47% of the 105 trans people in the United States are subjected to transphobic remarks[5]. The report given by The National Centre for Transgender Equality, a US-based organization working for ending violence and discrimination, showed many individuals were denied their promotion or they were fired or not recruited due to their gender expression[6].
In the judgment of the National Legal Services Authority vs Union of India, it was said that transgenders must be considered under the socially and educationally backward class, hence the government must ensure that get requisite representation in educational institutes and public and private sectors[7]. As per the report of the survey conducted by NHRC[8], among 202 trans individuals, 26.7% of them are engaged in badhai and challa and 12% of them engage as sex workers. From the interviews of survey reports, individuals have admitted that they were forced to leave their workplace due to harassment and insults regarding their gender expression[9]. The report shows that most of them are engaged in traditional activities and they too often face harassment at times from police too and are forced to give money to them. In the case of Shanavi Ponnusamy vs Ministry of Civil Aviation & Anr., the petitioner was denied getting employed as a cabin crew[10]. The form released for the employment did not have a provision for transgenders and the petitioner had to choose the female category. The court said that the government must make a policy framework ensuring provisions for the employment of transgenders as per The Transgender Persons (Protection of Rights) Act 2019[11].
RECENT DEVELOPMENTS AND MEASURES TAKEN
Companies are always in need of dedicated and talented employees regardless of their gender expression. In these contemporary times, a company will always try to maximize its profit and in the due course of achieving its targets, it becomes essential to preserve the interests of employees too. This not only creates a good public image for the company but also it makes easier for the members of this community to work without being subjected to any form of discrimination. The problems faced by them cannot be eliminated quickly in an instant, but they must chalk out remedies and their implementations also hold paramount importance in eradicating issues faced by transgenders.
The following are some methods that are and can be initiated in the workplace:
- Zero Tolerance Policy[12]: Stringent actions must be timely taken against employees who harass trans individuals. Also, the HR of the companies should include trans-inclusive policies for the company and train employees to use gender-neutral or preferred pronouns, curb stereotypical remarks, and other forms of misbehaviour towards them. Equal wages and other allowances also must be granted to them.
- Neutral Bathrooms[13]: Accessing bathrooms becomes a major difficulty for this community. Trans individuals should also have access to bathrooms that align with their gender expression. Most importantly co-workers can try to support them, such kind acts will make them feel safe and accepted.
- Training programs[14]: Most individuals lack resources and opportunities to train and get the necessary skills to get employed. Many organizations around the world have initiated programs wherein they train individuals from the trans community. In this way, we can ensure employment and give them the opportunity to create better livelihoods.
When people from different diversities join, more innovations and creative ideas blossom. It is needless to highlight the fact that in the absence of discrimination, the employer’s productivity can perform at a higher capacity, thereby benefiting the company[15]. On 10 January 2020, The Transgender Persons (Protection of Rights) Act 2019 came into force for ensuring the protection of the rights of transgenders.[16] Recently, Justice M Satyanarayana Murty of Andhra Pradesh High Court gave a verdict in the case of Matam Gangabhavani, vs State Of Andhra Pradesh to undertake a study for the problems faced by transgenders. The petitioner moved to the high court challenging the notification of Sub- Inspector recruitment where separate provisions for transgenders were not available[17]. Similarly in the case of State of Maharashtra v. Arya Pujari & Ors., the petitioners too had difficulty in getting recruited[18]. The High Court of Delhi in a similar instance in the case of Jane Kaushik vs Lieutenant Governor, NCT of Delhi gave a verdict to frame policies regarding the recruitment of transgenders in all government sectors of NCT of Delhi and to adopt relaxations for minimum qualifications and age restrictions for recruitment[19].
CONCLUSION
The government works for the upliftment of this vulnerable section and the Constitution grants them fundamental rights that protect their interest. Yet there are instances when basic rights are violated. We as social beings must come together and preserve, promote, and protect them from mistreatment. Trans individuals are also an asset to the company or organization they work in. The companies’ GDP affects to a greater extent due to such discriminatory actions and mistreatments. Individuals irrespective of any differences are always protected and have all the fundamental rights enshrined in the constitution. They too have the right to live a life with dignity as given in the Article 21 of the Indian Constitution[20]. Creating a good social bond is very crucial as it encourages a safer, more open, and trusting workplace.
Author(s) Name: Adukathil Anuja Narayanan (Government Law College)
References:
[1] National Legal Services Authority v Union of India (2014) Writ petition (civil) no.604 of 2013 [1]
[2] Garima Garg; Ghada Elshimy; Raman Marwaha, Dysphoria, (National Library Of Medicine,16 October 2022)<https://www.ncbi.nlm.nih.gov/books/NBK532313/> accessed 4 May 2023
[3]Christian N. Thoroughgood, Katina Swayer, Jennica R Webster, Creating a Trans-Inclusive Workplace,(Harvard Business Review, March-April 2020)<https://hbr.org/2020/03/creating-a-trans-inclusive-workplace >accessed 4 May 2023.
[4] Ibid 3
[5] Ibid 3
[6] Sandy E. James, Jody L. Herman, Susan Rankin, Mara Keisling, Lisa Mottet, Ma’ayan Anafi, The Report Of the 2015 US Transgenders Survey,(National Centre For Transgender Equality, December 2016) <https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf > accessed 4 May 2023
[7] National Legal Services Authority v Union of India (2014) Writ petition (civil) no.604 of 2013 [129]
[8] Rajini Singh, Transgender inclusivity: A reality check (2021) 1(1) Department of Humanities and Social Sciences, IIT Dhanbad 22 <https://nhrc.nic.in/sites/default/files/Transgender_Inclusivity_A_Reality_Check_rajni_singh.pdf > accessed on 5 May 2023
[9] Rajini Singh, Transgender inclusivity: A reality check (2021) 1(1) Department of Humanities and Social Sciences, IIT Dhanbad 22 <https://nhrc.nic.in/sites/default/files/Transgender_Inclusivity_A_Reality_Check_rajni_singh.pdf > accessed on 5 May 2023
[10] Shanavi Ponnusamy v Ministry of Civil Aviation & Anr. (2022) Writ Petition(s)(Civil) No(s).1033/2017 [1]
[11] The Transgenders Persons (Protection of Rights) Act 2019, s 3
[12] Ibid 3
[13] Ibid 3
[14] Ibid 3
[15] International Labour Organisation, Inclusion of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) persons in the world of work: A learning guide, (2022)1(1) International Labour Organisation 36 <https://www.ilo.org/wcmsp5/groups/public/—dgreports/—gender/documents/publication/wcms_846108.pdf > accessed on 5 May 2023
[16] The Transgenders Persons (Protection of Rights) Act, 2019
[17] Matam Gangabhavani, vs State Of Andhra Pradesh (2022) Writ Petition NO.16770/2019
[18] State of Maharashtra v. Arya Pujari & Ors (2022) Writ Petition NO. 15037/2022
[19] Jane Kaushik vs Lieutenant Governor, Nct Of Delhi (2022) W.P.(C) 3401/2022, CM APPL. 9949/2022 & 9950/2022
[20] The Constitution of India, 1950, Art. 21.
