A Socio-Legal Study Of The Transgender Community Of Jammu And Kashmir - Law Assignment Help

Assignment Task

INTRODUCTION

Despite efforts made by the courts, social activists and at times the government, the transgender community in various parts of the country remains on the fringes of society.

Transgender community in Kashmir: an invisible minority living with no access to the most basic facilities such as education, employment opportunities, healthcare, housing etc.

Judgement in NALSA v. Union of India: fundamental rights equally applicable to transgenders. Transgenders have the right to self-determine their gender.

Despite the clear directives of the judgement, few steps have been taken to uplift transgender community in Kashmir, and even those have failed to reach them.

This study aims at understanding the nexus between the social status of transgenders in Kashmir and the consequential violation of their legal rights.

It shall also explore the role of the military conflict in Kashmir in further oppressing the transgenders and possible effects of abrogation of Article 370 and Kashmir’s integration with India on the socio-legal status of the transgender community in Kashmir.

CONCEPTUAL FRAMEWORK

Socio-legal status of transgender community in Kashmir:

The socio-legal status of the transgender community in Kashmir has elevated slightly in the past few years, given the attention that their issues have received post the judgement passed by Supreme Court in NALSA v. Union of India.

Petitions have been filed before the High Court of J&K, for securing the rights of the transgender community, and schemes framed.

However, these efforts have not yet translated into reality, as they should. Members of the community are yet to receive the benefits they are entitled to under the schemes of the erstwhile state government of Jammu and Kashmir and the Central government.

RESEARCH OBJECTIVES

To examine the social status of the transgender community in Kashmir, in context of the political, cultural and religious background of Kashmiri society.

To identify their legal rights and ascertain if their social status acts as a roadblock towards securing their rights.

To examine the effect of the political unrest in Kashmir on the transgender community

To understand the impact of the abrogation of Article 370 and Kashmir’s integration with India on the socio-legal status of transgenders in Kashmir.

KEY FINDINGS FROM DATA COLLECTED FROM MEMBERS OF THE COMMUNITY

Out of the 4 participants, 2 had received emotional support and acceptance from their family and surrounding society. This made it relatively easier for them to find self-acceptance.

3 participants stated they had not received the transgender card from or been on the receiving end of any special benefits on behalf of the government, except the fixed pension provided to them by the State government. However, they faced innumerable issues in obtaining that amount due to administrative roadblocks.

Participants were aware of, but not willing to undergo sex-reassignment surgeries owing to their own religious beliefs and also the social stigma surrounding this procedure

All participants except one were involved in the traditional occupation of matchmaking which, they agreed was on the wane and they had not other means of sustaining themselves, other than this.

Absence of cultural traditions followed in rest of the country, such as the gharana and doli badhai system in Kashmir.

Inability to express self-identity by means of cross-dressing –can only do during wedding performances

Political instability has created a more tense environment for the participants-restricted movement, sudden curfews and random checking at check-posts

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