Sruthi Kc

A long site to hit fundamental rights: Transgender community in Kerala India has celebrated its 71th independence day on this 15th August 2017 and every citizen cheered for the everlasting glory of democratic India. Nevertheless, if we look into deep into the Indian society or its culture, we will realize that India is not yet independent. Even in this development era of 21st century Indian mindset, still remains stuck to the traditional customs and conventions, which are eventually disrupting the humanity in people. Today, two major issues are haunting India, that killing of the right to freedom of speech and expression article 19 and Right to life article 21. Even though the two topics seem to be controversial, some link connects both together. In India, the LGBTQ community has been suffering a lot from the society. Why? Indian constitution has guaranteed human rights to its citizen, which includes ‘right to speak’ and right to live anyone of their choice. In that case, atrocities against LGBTQ community are against Indian laws, but still there is no strict actions taken to abolish this. Which reflects the insecurity of the citizen in this country, there are many cases recorded on atrocities against LGBTQ, especially in the northern part of India. Are they independent? Reciprocally, the issue prevailing in India. Over the past decades, LGBTQ community has gained abundant support from the society. Many Bollywood big budgets have discussed about LGBTQ rights and provided job for them. Nevertheless, most of LGBTQ people in India remaining discriminated. Reports talks about honor killings of LGBTQ and barbarian attacks against members of LGBTQ community are also common in India. The government should propose a well-defined law against this illegal practices or activities, so that people could enjoy the freedom freely that the constitution guarantees for them. Kerala failed LGBTQ community last year. A transgender was brutally attacked by people in Kerala at Thiruvananthapuram. A group of men mobbed Varsha. The construction of social point of view towards LGBTQ community is still being horrible. The local resident in Thiruvananthapuram thought the transgender women was a member from children abducting group. Varsha tried to escape from the attack by saying I am a Trans woman, but in vain. At this point, a few voices from reputed media had questioned the brutal attack, but just for few days. No cases registered against the attackers. The transgender community in Kerala is still living in fear. According to transgender rights activist, 10 allegedly transphobic attacks, including a murder have been reported in the state in the seven months since last July 2017. This despite Kerala becoming the first Indian state in 2015 to launch State Policy of Transgenders that envisions a just society for the community with equal rights and Transgender justice Boards at the state and district levels. In the latest incident in Kerala, a group of men attacked three trans women in Malappuram district. A trans woman is one who is assigned male at birth but identifies as female. The assailants reportedly locked them up in a room without ventilation for 30 minutes and threatened to kill them. When the victim went to the police station to register a complaint, the men marched to the station as well shouting slogans against them. The police said they were investigating the incident. However, the police were accused of assaulting two transgender artists, Sumi and Jasmin, when they were down a street in Kozhikode city in the early hours of December 28. The two were reportedly returning to their rooms after a practice session for an arts festival when the police stopped them on suspicion of prostitution. Cases were registered against three police officers under section 325 (Voluntarily causing grievous hurt) and 347 (Wrongful confinement to extort property, or constrain to illegal act) of the Indian Penal Code after the incident became known. In another big scare for the community in Kerala, 35-year-old transgender person Gowri was murdered in Ernakulam district in August. The police have arrested a suspect Abhilash Kumar. These incidents have led many to dismiss the Kerala government’s claims of the state being transgender friendly. Nevertheless, the transgender community in the state also accuses the police of targeting them and framing them under false charges. They point to the arrest of four trans women from a lodge in Kochi on January 4 as part of a prostitution ring. The police do not want transgender community people in the city and they have been targeting them for a long time a transgender activist told. The police are trying to drive them away from cities and falsely implicate them in fake cases. It is a grave human rights issue. None of us would forget reading the news story of Zara Sheikha, the first transgender in India who got the job of a human resources executive at a multi-national company in Kerala. Zara also had suffered a lot to get a proper shelter even though she had a decent job and money. It shows that the society is still seeing transgender community through an iron curtain. Society looks at them as sex workers or beggars and shoo them away. Zara said, “I earn a decent amount as salary. I am a post-graduate. I work in a global company. Still, I have to bring my friend and his wife as a guarantor to get an accommodation with their documents and that too after marathon discussions with the house owner. This represents a point of view of a stigmatized society and which is ignoring an individual’s right to live. After many bitter experiences towards transgender community in Kerala, it was a historic moment for the transgender community in Kerala as a trans man and trans woman tied the knot in Thiruvananthapuram on Thursday. Ishan who underwent female to male surgery married Surya who has undergone male to female surgery. This is the first time a trans woman and trans man start a married life in Kerala. This marriage would be an inspiration for others who want to become part of the mainstream society. Kerala government is selling the Kerala model of development that is urging transgender persons from other states to come to Kerala and live here thinking it is a safe place. However, they come here, they realize that the state police are on an agenda to wipe them out. This has to be changed as soon as possible and make a good change for transgender lives with a secure life. Is India, actually providing equality for all? Alternatively, just for the name sake of the reputed constitution is playing a watchdog role. The constitution is answerable for all the society. Even, they are human beings; they have the right to live in India without any fear. If it is needed reconstruct the law forever for the welfare of the entire society. References: https://www.google.co.in/s/amp.scroll.in https://www.google.co.in/amp/s/www.firstpost.com/india/