Bias against transgender people runs deep

The State cannot discriminate against anybody asserting their gender identity

The Supreme Court recently issued a notice to the ministry of civil aviation and Air India after the public carrier denied a job to a transgender person allegedly on the basis of gender. Shanavi Ponnusamy, 26, an engineering graduate from Tamil Nadu, underwent gender reassignment surgery in 2014 and subsequently trained to become a member of the cabin crew of an airline. But she was rejected since the ministry of civil aviation hasn’t yet created a category for transgender persons. Ponnusamy isn’t the only one fighting such obstacles and prejudices. A sailor from Visakhapatnam was sacked by the Indian Navy last week after a sex-change surgery. Sabi Giri, born Manish Giri, was pink-slipped since the Navy restricts recruitment of women to certain departments. Last week, the Delhi High Court asked the Navy if Giri could get another posting.

Batting for affirmative action, it is the judiciary which has repeatedly come to the rescue of transgender people facing discrimination. In 2014, a landmark Supreme Court judgment recognised that they should enjoy all fundamental rights enshrined in the Constitution. But a bill tabled in the Parliament last year to formalise the rights of transgender people is yet to become law. Clearly, just legislation won’t be enough to change the people’s attitude. The highly publicised appointment of 23 transgenders by the Kochi Metro Rail Limited hit a speed-bump when 11 of them quit in the first fortnight citing difficulties in finding accommodation and jibes from co-workers.

Now, the State is examining whether to do away with a definition in the Transgender Persons (Protection of Rights) Bill that focuses on biological features rather than an individual’s freedom to choose his or her gender. Clearly, it needs to be accompanied by systemic changes and greater sensitivity. Ms Ponnuswamy shouldn’t be discriminated against for dreaming of soaring above society’s biases and asserting her gender identity.