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Transgender Community and Higher Education in India

19-02-2024
Moumita Barman

Abstract:

This article explores the nuanced distinction between "gender" and "sex" and delves into the historical evolution of the transgender community in India. It highlights the recognition of a "third gender" in ancient texts, their influential roles during the Mughal era, and the subsequent impact of British colonial influence. The narrative progresses to contemporary legal strides, policies, and enactments, including the 2014 Supreme Court ruling and the Transgender Person (Protection of Rights) Act, 2019. Challenges faced by the transgender community in education, employment, and society are discussed, emphasising the need for inclusive strategies and comprehensive reforms to eradicate stigma and discrimination. The abstract concludes with recommendations for fostering an inclusive educational environment for transgender individuals.

Who Are the Transgender Individuals?

The terms "gender" and "sex" are often used interchangeably, though they carry distinct meanings. "Sex" encompasses the biological attributes of humans and animals, including physical traits, chromosomal structure, gene expression, hormones, and anatomy. In contrast, "gender" refers to socially constructed roles, covering behaviours, expressions, and identities of males, females, and gender-diverse individuals (Canadian Institutes of Health Research, 2020). While society typically acknowledges two genders—male and female—transgender individuals have been integral to Indian society for centuries. The term "transgender" serves as an umbrella, describing individuals whose gender identity, expression, and behaviour do not align with their assigned sex at birth (American Psychological Association, 2023). The transgender community encompasses diverse identities, including individuals who do not align with any specific gender category. Some third-gender individuals experience discomfort with societal gender roles, leading to body dysphoria—a misalignment between their physical body and internal sense of self—resulting in significant distress. Medical services are often required to align their physical form with their inner identity (Das, 2018).

The Historical Evolution of the Transgender Community in India

Transgender individuals have been an integral part of Indian society throughout history. Historical evidence indicates the acknowledgment of a 'third sex' or individuals diverging from binary male or female genders in ancient Indian writings. The concept of 'tritiyaprakriti' or 'napumsaka' was deeply ingrained in Hindu mythology, folklore, epics, and early Vedic and Puranic literature. The term 'napumsaka' specifically denoted the absence of procreative abilities, distinguishing these individuals from conventional masculine and feminine traits. Early texts extensively explored sexuality topics and established the concept of a third gender within these narratives (Michelraj, 2015). The portrayal of Mohini, the female incarnation of Vishnu in the Mahabharata, represents the earliest reference to transgender individuals in Hindu mythology. Mohini's presence in various ancient texts, such as the Vishnu Purana and the Lingapurana, showcases diverse perspectives on gender identity, including the merging of Shiva and Mohini (Vishnu), leading to Shankara-Narayanan's origins (Hariharan). In the Ramayana, transgender individuals awaited Lord Rama's return to the woods after his exile announcement, positioning them differently from 'men and women.' The Mahabharata introduces characters like Aravan (the son of a snake) and Shikhandi, highlighting significant moments in transgender narratives.

During the Mughal era, transgender individuals played influential roles as political advisors, administrators, and harem guardians, holding prominent positions in royal courts. Figures like Itimad Khan, eunuch officers in Akbar's court, were entrusted with administering state finances, amassing substantial wealth and power. European travellers to Mughal India acknowledged the wealth and privileges enjoyed by transgender individuals, marvelling at their lifestyle and status. However, the colonial influence during British rule brought a shift in societal attitudes towards transgender individuals. The imposition of strict moral codes, including criminalising non-heteronormative sexual behaviours, led to a decline in societal respect for the transgender community (Ariba, 2023).

Policies and Enactments

In contemporary India, significant legal advancements occurred as the Supreme Court recognized transgender individuals as the 'third gender' in the landmark NALSA judgement of April 2014. The judgement mandated governments to address issues like societal stigma, ensuring constitutional rights for transgender individuals. The 2014 ruling granted legal recognition, affirming equal rights, including marriage, inheritance, job, and educational reservations (Ariba, 2023). This ruling prompted changes in education, transforming the Department of Women’s Studies at NCERT into the Department of Gender Studies. The government later enacted the Transgender Person (Protection of Rights) Act, 2019, safeguarding their rights in employment, education, and health services. Now, transgender individuals in India have the right to change their legal gender post-sex reassignment surgery, identifying as the third gender. The Act ensures their admission to schools and colleges as a 'disadvantaged group,' with a 25% reservation for economically disadvantaged and underprivileged students (Ganguli, 2023). Aligned with the Constitution, the National Education Policy (NEP) 2020 advocates for a Gender Inclusion Fund (GIF) to provide equitable education for females and transgender students. Schools are urged to respect transgender students' gender identity, offering gender-neutral facilities and using correct names/pronouns. The NEP prioritises character development, aiming for an inclusive school culture, especially for vulnerable groups like transgender students (Ganguli, 2023). The NEP emphasises sensitising educators and students for respect, dignity, and privacy, crucial for transgender individuals. Early education on ethical decision-making is highlighted, essential for transgender children facing isolation or abuse. The NEP recognizes transgender people as a neglected Socioeconomically Disadvantaged Group (SDG) in education, proposing innovative education centres to reintegrate children who left school for various reasons, particularly benefiting transgender children. Despite legal and policy progress, instances of abuse and exploitation persist, with concerns like the scrapping of provisions in the Transgender Persons (Protection of Rights) Act amendments in December 2019. Karnataka introduced a 1% reservation for trans persons in employment, but broader inclusion is a work in progress, particularly for marginalised transgender individuals from Dalit, Bahujan, and Adivasi (DBA) communities, as highlighted by Sudipta Das, a Dalit-queer feminist writer (Ariba, 2023).

Challenges Faced by the Transgender Community

The challenges confronting the transgender community, highlighted by the 2011 census, disclose a troubling literacy rate of 56.1%, notably lower than the national average of 74.04%. The absence of inclusive and welcoming environments within schools and universities, as reported by the Centre for Law and Policy Research in 2022, further contributes to this issue. These challenges manifest in various forms for transgender individuals, encompassing familial denial, aggression, verbal and physical abuse, isolation, and rejection. Stigmatisation and discrimination significantly limit educational opportunities due to societal non-acceptance, resulting in schooling difficulties and high dropout rates. Even when enrolled, transgender students frequently encounter harassment and bullying, leading to discontinuation of education. Challenges extend beyond academia, affecting housing, roommate issues, and employment prospects in fields such as medicine or law. The absence of transgender-tailored hostels and the lack of clarity in government resolutions compound the difficulties faced by transgender students seeking equal opportunities in education (Balu, 2020; Srivastava, 2023).

In 2019, in response to a specific data inquiry by Congress MP Anumula Revanth Reddy, Minister of Human Resource Development Ramesh Pokhriyal "Nishank" revealed that, except for Indira Gandhi National Open University (IGNOU) with an enrollment of 814 transgender students over the last five years, other central universities reported no transgender students or staff. This contrasts with the All-India Survey on Higher Education 2018–19, which did not include statistics on transgender individuals among the 37.4 million total enrollees in higher education across various institutions. Despite initiatives by the University Grants Commission (UGC) to enhance transgender participation in higher education, such as incorporating a transgender category in application forms and advocating for their inclusion in scholarships and research projects, gaps in representation persist (Agha, 2019).

Professor Rajesh Kumar of Delhi University’s Transgender Resource Centre noted that government-provided statistics do not fully depict the reality. He highlighted the reluctance of transgender individuals to identify themselves differently due to societal stigma and the gradual process required for their integration into higher education. Kumar emphasised that the first step towards their inclusion is enrollment under the transgender category, emphasising the need for sensitization and gradual inclusion efforts. Kumar also critiqued the Transgender Persons (Protection of Rights) Bill 2019, which limits a transgender person’s right to self-identify. He emphasised that the legislation falls short in empowering and ensuring comfort with their identity among the marginalised community, with protests against the ambiguous discrimination clause. Furthermore, Kumar underscored the need for legislation focused on empowering and affirming the identities of transgender individuals rather than relying solely on external certifications, as the current bill demands (Agha, 2019).

Recent news highlights challenges faced by transgender individuals in higher education, particularly in Pune. In December 2023, it was reported that out of the city’s top ten institutes, only Savitribai Phule Pune University (SPPU) has enrolled 41 transgender students across its campuses, while nine other institutions have no transgender students. Despite recent government announcements to sponsor higher education costs for transgender students in public universities and affiliated colleges, enrollment figures have yet to see a significant impact, despite indications of a higher transgender population compared to those enrolled in educational institutions (Srivastava, 2023). Efforts such as including a 'TG' category in application forms and considering alternative accommodation arrangements have been made by educational institutions but fall short of fostering a truly supportive environment for transgender students in education, necessitating more proactive measures (Srivastava, 2023).

Need for Inclusive Strategies for the Transgender Community

The transgender community confronts significant marginalisation and vulnerability, particularly in key human development indices, specifically within the education and employment sectors. Addressing this predicament requires a comprehensive approach focused on eradicating stigma and discrimination through heightened awareness and the effective implementation of laws. The objective is to facilitate the inclusion of transgender children into the educational system, ensuring their retention through higher levels of education by addressing societal issues at an early stage.

Dealing with the educational challenges faced by the transgender community necessitates a comprehensive and nuanced strategy. This multifaceted approach begins with a strong advocacy for equal access to education at all levels, demanding affirmative actions to actively combat prevailing stigmatisation and discrimination. Educational institutions, including schools and colleges, play a crucial role in fostering a supportive and inclusive environment. This involves not only acceptance through initiatives like respecting preferred pronouns and ensuring access to appropriate facilities, such as gender-neutral restrooms, but also providing mental health counselling by specialised experts. The establishment of anti-harassment and anti-discrimination cells within these institutions is imperative (Ganguly & Dutta, 2021).

Simultaneously, there is an urgent need to sensitise broader society, including parents, educators, and students, to create an environment that embraces and welcomes transgender individuals within educational settings. Achieving this necessitates parallel efforts to promote awareness, understanding, and acceptance, ensuring that educational environments genuinely become inclusive and supportive spaces for transgender individuals (Raj, 2019).

Understanding the dynamics of dropout rates among transgender persons is crucial, as these individuals often face forced dropout situations due to acute discrimination and abuse. This highlights the urgent need to redefine perceptions and implement structural reforms. Policy review and reform are essential to eliminate structural constraints and legal barriers hindering mainstream education access for transgender individuals (Raj, 2019). Simultaneously, safeguarding transgender youth from hostile school environments demands immediate attention, with government intervention crucial in creating conducive environments within educational institutions for transgender children. Lastly, schools must understand and uphold their legal responsibilities under equality acts, ensuring comprehensive training for staff to understand and comply with all directives, especially those concerning transgender and gender variant children. Thus, these recommendations aim to foster an inclusive educational environment crucial for the growth and development of transgender individuals (Raj, 2019).

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