In a country, where gender binaries between the male and female are already so concretized, the transgender and queer community are further marginalized when it comes to being part of the collective and further having access to livelihood opportunities. The social, economic, cultural barriers, all add to the factors which push transgenders to a life characterized by violence and discrimination in the society. The stigmas and stereotypes attached make them more vulnerable to naming and shaming in public spaces. It is at this junction, that the significance of the bill lies in both the recognizing their rights as citizens of this country who are equally to abide by the fundamental rights and duties of the constitution and to intervene in the larger set of perceptions about them as social beings in the social order.
Census of India, assessed the number of transgender people for the first time in 2011 which amounted to a population of 4.88 lakh. It is hard to overlook the fact that the transgender community in the country is one of the most marginalized with very few avenues for employment available to them. As a society, we need to immediately move to a state where the transgender people in this country are given the space to live a life of dignity and the role of the state is crucial in providing the same.
A writ petition was filed in the Supreme Court with National Legal Services Authority of India (NALSA) to claim rights of equality and justice. The judgment in April 2014 was welcoming as it recognized the right to self-identify one’s own gender, granted legal recognition and legal as well as constitutional rights, directed the Government to ensure reservations in education and public appointments and identified as the social and educationally backward class. In December 2014, Rajya Sabha passed the bill affirming NALSA provisions. But in 2015, the bill brought in the Lok Sabha by Ministry of Social Justice, Government of India proposed points in opposition to the NALSA verdict. In 2016 again, the said ministry modified the bill making it more regressive in nature. A standing committee was formed in 2017 by Central Government of India which has made valid suggestions for the bill as scheduled to be tabled in the soon approaching winter session of the Parliament beginning from 15 December.
Problems with the Bill in its current form:
The first problem lies in the definition of a transgendered person which says, a person who is “neither wholly female nor wholly female, a combination of female and male and neither female nor male” and “whose sense of gender does not match with the gender assigned to the person at the time of the birth”. To this, Standing Committee recommends a transgender to be defined as, "a person whose gender does not match with the gender assigned at birth, and includes trans-men and trans-women (whether or not they have undergone sex reassignment surgery or hormone therapy or laser therapy etc), gender-queers, and a number of sociocultural identities such as kinnars."
Second, the 2016 version of the bill suggests that “a transgender person may make an application to the District Magistrate for issuing a certificate of identity as a transgender person”. The application will be forwarded by the district magistrate to the district screening committee which will be constituted by the Government “for the purpose of recognition of transgender persons”. It will add to the humiliation and problems in the issuance of identity cards especially in the remote areas where factors such as bribe, corruption, and power nexus delay the bureaucratic functioning of the government offices. The multilayered procedures do not make any sense, the provision of district screening committees shall be removed. It also violates transgender person’s rights under Article 19 and 21 of the Constitution.
Third is the criminalization of enticement to beg. Given the unequal state of employment opportunities and education access, the standing committee recommends “gender-based internal reservation for transgender people and a strong anti-discrimination provision with penalties, for educational and employment access”. The state should without any delay provide for employment opportunities to individuals belonging to the transgender community.
Fourth is low penalty for violence against transgender people. Given the fact, that transgender people face various forms of harassment or violence, the standing committee recommends penalties for sexual violence equivalent to penalties for sexual violence with women and proper definition of specific atrocities faced by transgender and intersex people.
Fifth, the placement of a transgender person in a rehabilitation center if the immediate family gives away the care of the person is problematic as it violates the constitutional right to freedom of residence of the transgender person. The bill does not consider the violence with the transgender person inside a familial structure or by the family members. The standing committee recommends expanding the definition of family as well to a family of “choice, adoption, partnership, marriage, friendship etc.”
Sixth, National and State Trans Rights Commission instead of National Council for Transgender persons.
The demand of the civil society and the concerned groups is to accept the recommendations of the Standing Committee. The citizenship rights along with Universal Human Rights stands violated if the bill as proposed now gets passed in the parliament which will reflect the collective failure of us, as a society along with the regressive step in the history of the nation.
Report from Haryana Central University
The assault on institutions of higher learning and curbing their autonomy is not new under the present government. Successive governments, irrespective of its political affiliation have time and again have reduced government funding in higher education. What is significant in this present NDA-2 government is the blatant intervention of government in the internal functioning of the universities. Whether it is the issue of dissolving GS-CASH in JNU, providing scholarship to research scholars or, controversial appointments made in research funding agencies like ICSSR or ICHR, there has been an increasing interference and bureaucratic control on our institutes of higher learning.
In this background recently Central University of Haryana has introduced a novel concept of Academic Consultants/Advisors. The issue was discussed in the Academic Council meeting of the University. The terms and conditions of this position of Academic Consultants/Advisors raise certain serious issues pertaining to the future of higher education in our country. On anonymity, one of the officials at MHRD confided that the ministry is also planning to come up with similar notification for which a committee has already been constituted and the Vice chancellor of Haryana Central University is a member of that committee. So, it can be assumed that whatever is being done in this regard at Central University of Haryana may be implemented in other Central Universities in future. Let us focus on some of the issues highlighted in the minutes:
1) It clearly states that the University can appoint any retired teachers of the level of Professors below the age of 70 years as Academic Consultants/Advisors, which can be made against the vacant positions of Professors or Associate Professors or supernumerary posts created by the Executive Council of the University.
2) Academic Consultants/Advisors are expected to devote full time in University and shall not be assigned any administrative positions. Interestingly, residential accommodations may be provided to the Academic Consultants/Advisors.
3) Apart from teaching they can interact with research students but, they cannot supervise any research scholar.
4) Importantly, they can actively participate in service-related activities such as departmental committees and other forums in the name of enhancing proficiency of academics.
These points indicate a gloomy picture of future of higher education in India. With a young and vibrant population, India is among few countries in the world with such a huge human resource. To block the job opportunities by appointing retired teachers as consultants is a bad idea. It is akin to the concept of siksha mitra to impart education in primary sector and we have witnessed how this has ruined the primary education in favour of private schools. Secondly, such appointments can be politically motivated as the committee under the chairmanship of the Vice Chancellor is the sole authority to appoint them. When unfortunately some of the Vice chancellors of our Universities are political appointees then a free hand given to them is a problem.
Further, these positions are positions with power but, without any responsibilities. Academic Consultants can be part of any committees as consultants, but they cannot be assigned any administrative position. They can interact and counsel any research scholar, but cannot act as their supervisor. This suggests they can meddle with each and every academic issue without any responsibility. This also alarms us to understand how certain stains of political ideologies can enter our academic system from backdoor, where academic councilors can act as eyes and ears of ruling establishment and promote their views.
Academic activities of University are internal affairs of the University. There are already certain institutionalized checks like Board of Studies, School Board and Academic Council to govern the academic activities of any Universities. What can be then the reason for the need of consultants to enhance the effectiveness of academics is questionable.
In the longer run, such positions are bound to affect the promotions and developmental opportunities of the younger faculty members. At one end the government is curbing funding provided to Universities, Research institutes and to research scholars, on the other hand the logic of appointing Academic councilors at exorbitant pay of Rs 80,000/- per month along with residential facilities within the University premises is questionable. It is a contradiction in itself as the new Central Universities with poor infrastructure is unable to provide residential quarters to all of its permanent faculties. It’s nothing but a planned procedure for making the existing public Universities defunct leading to its privatization. The privatization of health sector and primary education further illustrates the point.
SOCIAL discrimination is one of the basic divisions in Indian society since historical times. In India, there are a wide range of socially excluded groups, currently recognised by the state under the categories such as SCs, STs, Other Backward Classes and minorities, who experience discrimination and abuses in everyday life. Deprivation of people is a result of process whereby certain individuals are pushed to the edge of society and prevented from participating fully by virtue of their poverty, or lack of basic competencies and lifelong learning opportunities, or as a result of discrimination. They have little access to power and decision-making bodies and thus often feel powerless and unable to take control over the decisions that affect their day-to-day lives.
This process of social exclusion which had deprived sections of society is the result of monopoly where certain sections (upper caste) keep other sections (lower caste) out of the social functioning. In Indian society, the process of deprivation has been institutionalised by religious beliefs and the structure of caste system. Caste is a reality which has deprived majority of the masses from their basic rights. Deprived castes were economically and socially discriminated by the upper castes which own the means of production and resources. The upper castes have used religious sanctions to operate their oppression on the lower castes.
For improvement of the status of deprived castes and for social inclusion, it is important to address a combination of issues that include income inequality, education, skill levels, housing affordability, health inequalities and work–life balance and access to land. Equal opportunities in education and employment are most crucial for breaking the clause of caste oppression and bringing lower castes into the mainstream process of development. It is also conceived as a way to bring financial uplift (through employment) for those who are excluded and subsequently they can improve their social status. Though it is a fact that only economic upliftment alone cannot fight the caste, access to resources and employment opportunity still can break the hurdles in a big way.
Various researches show that the influence of caste, religion, sex and place of birth is high in range with regard to employment opportunities. Due to this reason, reservation in employment becomes even more important for deprived sections.
The reservation policy in employment was never implemented wholeheartedly as reflected by the existing backlogs in various departments especially for top posts, still we have to acknowledge the fact that reservation in employment has actually played a crucial role in the process of advancement of the dalits. Due to reservation, the share of dalits in various government and semi-government services have increased substantially in all the groups or classes during the last six decades.
But now under the regime of neoliberal economic policies the impact of reservation in public sector is reduced. The policy of liberalisation and privatisation has reduced the number of employment opportunities which in turn reduced the job opportunities for the underprivileged sections, especially dalits and tribals, in government services and public sector undertakings. The governments at the Centre and in the states have imposed restrictions on creation of new posts and new appointments for a long period. Moreover, the governments are now interested to make appointment on an ad-hoc or contract basis instead of regular basis. The question of reservation roster is not followed in this ad-hoc or contractual appointments, both in the higher and lower level of posts. Ad-hoc or contractual appointment will no doubt harshly affect the provisions of reservation and the interests of the dalits in respect of services. The situation becomes more complicated owing to the abolition of thousands of posts arbitrarily by the government.
To add to this miserly employment opportunity in public sector, many government industries and public sector enterprises have already been sold off through various forms of disinvestment and privatisation. There are more efforts by the present government to even surrender the high profit making infrastructural public sector undertakings which are called ‘Navaratnas’ to private agencies. It is already in the process to privatise the largest employer in India, Indian railways. Air India is on the platter for private houses.
Clearly, employment opportunities in the public sector are continuously shrinking, whereas it is increasing in private sector. This is another factor that the present private sector is also facing jobless growth. Private sector does not follow any kind of reservation policy for recruitment. In this condition, there is no meaning of reservation in public sector when no or very less job opportunities are there.
As far as private sector is concerned which is totally controlled by market forces, it is largely owned by the upper caste entrepreneurs. Caste and gender disparities are there in all enterprises of private sector. The share of SC-ST ownership has declined over the period, SC-ST enterprises tend to be smaller, more rural than urban, and have a greater share of owner-operated (single employee) units. Dalits and Tribals find it very difficult to get recruitment in private sector particularly in the higher posts as these private institutions owned by the upper classes are full of discrimination. Same is proved by various studies.
There is a wage gap despite having laws like equal pay for equal wages between higher castes and the scheduled castes/tribes in the regular salaried urban labour market. Paul Attwell and S Madheswaran have concluded in a study (2007) that discrimination causes 15 per cent lower wages for SC/STs as compared to equally qualified others.
Even this discrimination is more prevalent at the entry level. A study conducted by Thorat and Attewell (2007) claims that succeeding with Dalit and Muslim family names is quite difficult for being called for next stage in the selection process during the job application compared to Hindu names with same educational qualification and skills in modern private enterprises.
Job reservation is not binding on the new private owners of such enterprises. As a result, employment opportunities for the dalits have drastically gone down. In these conditions when private actors have active role in markets and withdrawal of the state from basic service provision in the due course of neoliberal economy, and the discriminatory practices in the private sector, it is basic need to implement reservation in the private sector institutions if we really care about the betterment of the deprived sections in present time. It is also very important to note that reservation in private sector does not mean reservation in floor work or manual work only; it means reservation at all levels in private institutions.
There are various types of counter claims against the reservation in private sectors campaigned by the private houses. Two important of these are; first the old debate of merit versus reservation which says that reservations also impact the work efficiency of the private institutions and the second one is that private houses will not be ready for reservation. Both the arguments are without logic.
Various studies especially the one by Ashwini Deshpande on Indian Railways has indicated that reservation has positive impact on work efficiency. The second argument of willingness of the private sector is also futile and it reflects the will of the ruling class. When private sector is enjoying various concessions by the government to enhance industrial growth, it is hard to understand why this sector should not implement the affirmative actions proposed by the Constitution. We know that private sector uses public resources and even capital from the public sector banks and financial institutions (keep in mind the huge amount of tax concessions and loan relaxation). Basically, all these are mere excuses by the ruling class of the country.
If we analyse the general policy of the government, we can understand hypocrisy of its policy. The government claims that it is committed to the development of the deprived sections but this stand of the government remains a puzzle as on the one hand, it embarks on the neoliberal policy framework and on the other, it talks about promotion of inclusive growth. These two concepts, however, leave a question whether the government really wants inclusive growth and care about the upliftment of the deprived sections.
Therefore, it is the need of the hour to raise the demand of reservation in private sector in India. Recent struggles by the deprived castes on various issues are also a reflection of the situation of joblessness among the youth from these sections. When our government is busy in a criminal conspiracy to divert the public attention from the real issues, it is the duty of the Left and progressive movement to mobilise people on the basic issues; and employment is the issue of the young India. And without the demand of reservation in private sector, the struggle for employment will be incomplete.
- Vikram Singh (General Secretary, SFI)