India has a complicated historical relationship with the trans community. On one hand, there’s recognition, whereas on the other, there’s blatant erasure. While the Hijra, Kinnar, Jogti, Shiv-Shakti, Aravanis, and many such communities offer some visibility for specific trans individuals, such as some intersex people, trans women, and transfeminine individuals, this representation is far from comprehensive. Recognition in Indian society hasn’t solved the problems of social justice and equity for many visible trans communities, who still face violence and stigma.
Transmen, transmasculine people and other transgender identities outside the popular known trans communities receive limited recognition and awareness within society. According to queer activist Avali Khare, who identifies as transmasculine, it is evident that trans men and transmasculine individuals experience a unique and separate form of societal prejudice when compared to the experiences of trans women. “They don’t have the same visibility or presence that trans women have, whether that’s culturally, socially or historically,” they say.
The OBC Reservation and Homogenization of Trans Identities
The current government approach, which lumps all transgender individuals into a single category, has drawn criticism from many activists. Many within the community face caste-based oppression, a reality often overshadowed by the broader discussion on transgender rights. The proposal lacks an acknowledgement of the specific caste background of transgender individuals, thereby neglecting the crucial aspect of how diverse caste identities can result in varying degrees of oppression or privilege.
Recently, the Centre informed the Supreme Court that transgender individuals can benefit from the existing 50% reservation in admissions and government employment. There will be no separate reservation since it crosses the 50% mark. Once more, overlooking the distinctive challenges and experiences faced by transgender individuals, even within particular caste classifications.
Such homogenization of trans people reinforces the belief system that all marginalizations are alike and need to be addressed with one singular solution. It also provides the bare minimum support under the guise of freedom and equity without addressing the complexities of systemic oppression. This raises a critical question: can we realistically expect all transgender individuals to compete against such a wide array of groups and still secure opportunities?
Why Horizontal Reservation is an Intersectional Approach
In the Indra Sawhney case, the Court explained two types of reservation methods: vertical and horizontal reservations. Vertical reservations are for specific groups like Scheduled Castes, Scheduled Tribes, and OBCs, considered “social reservations.” Horizontal reservations, on the other hand, include categories like women, persons with disabilities, freedom fighters, and project-displaced individuals, termed “special reservations.”
A single homogeneous OBC category would force many Bahujan transgender individuals to choose between reservations based on their caste and reservations based on their gender identity. They must make choices despite experiencing marginalization associated with both/all of these identities.
On the other hand, horizontal reservations recognize the complexities of intersecting identities. For instance, under horizontal reservation, trans women could benefit from reservations both as trans women and as SC, ST, OBC, and so forth. Similarly, trans men could access reservations as trans men and as members of marginalized castes. Horizontal reservations acknowledge multiple identities that contribute to a person’s marginalization. Karnataka was the first state in India to provide horizontal reservation to trans people in employment for civil services posts. In 2021, the state of Karnataka reserved 1 percent of seats for trans people in each caste category.
Kanmani R, a Brahmin-born transwoman and advocate, speaks about how the resources she gained because of her dominant caste identity facilitated her admission to the LLB course at Delhi University. She also highlights the substantial application fees for courses like LLB, which can be prohibitive for many Bahujan trans people who routinely face socioeconomic violence due to their caste.
As Kanmani R emphasizes, “Education and jobs remain inaccessible to most of us without mark concessions, age and physical requirement relaxations, scholarships, and reservation. How is it equal opportunity without recognition that our starting points differ? We need substantive equality, not just formal equality.”
Trans People from Dominant Castes and Religions Often Take Centre Stage
Laxmi Narayan Tripathi was one of the people who was approached by Anand Grover, a senior counsel and founder of the Lawyers Collective, during the NALSA vs. Union of India case. Later, in 2018, she came under the radar of criticism for endorsing the Ram temple.
“Hundreds of Kinnar Akhara members want Ram temple to be built at Ayodhya. We would be forced to launch a peaceful ‘satyagraha’ if measures are not taken for an early construction of the temple. Once the Kumbh is over, we will chalk out an action plan in this connection. I would also write to the President, Prime Minister and Chief Justice of India for an early disposal of the Ram temple dispute case,” she said in her interview for TOI.
A statement was then signed and released by numerous members of the transgender community, condemning Laxmi Narayan Tripathi’s endorsement of the Ram Mandir in Ayodhya. The statement, endorsed by 183 individuals and supported by LGBTQIA+ groups and ally organizations, criticizes Tripathi for aligning with Hindutva ideology, contrary to the communal harmony traditionally maintained by people from the Hijra and other transgender communities.
It emphasizes the existing marginalization faced by transgender people due to religiously rooted policies, such as the Transgender Persons (Protection of Rights) Bill, 2016, and the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018. The statement also questions the government’s decision to consult individuals like Tripathi, asserting that they do not authentically represent the diverse transgender communities of India.
Recently, Reshma Prasad, a well-known figure in the transgender community and a former member of the Transgender Welfare Board, strongly expressed her opposition to the caste survey in Bihar. The survey reveals the caste-wise composition of the population in the state. This survey also has the potential to contribute to evaluating socioeconomic resources among individuals from various castes, potentially leading to adjustments in reservation policies.
“Keeping the caste system alive is a crime. There can’t be a more heinous crime than this,” said Reshma, while uninformed about the fact that caste is very much alive in India.
The caste-based oppressive system is not a relic of the past but a pervasive and omnipresent social structure that significantly influences the lives of the majority of Indians. Prasad’s outrage underscores the urgency of addressing and challenging the persistence of caste-based discrimination in contemporary India.
Both Reshma and Laxmi hold prominent positions within the transgender community. They are often seen interacting with the media and speaking on behalf of the community. However, their perspectives on issues like majoritarian religions and oppressive social structures like the caste system shape the narratives that reach the ears of policymakers and the government. How can the trans liberation movement truly thrive if those advocating for it don’t grasp the entire range of discrimination and violence encountered by the broader trans community?
Understanding the diverse forms of discrimination faced by trans individuals is essential for an effective advocacy movement. Discrimination based on caste, gender identity, sexual orientation, race, religion, and socioeconomic status intersect in complex ways, creating unique challenges for different individuals within the transgender community. Ignoring or oversimplifying these intricacies can lead to exclusion and marginalization of certain groups within the community. Is liberation even possible without cross-movement solidarity needed to support all trans people?
It is evident that all identities, including trans identities, are inherently intersectional. The violence experienced by trans people is multifaceted. For true trans liberation to be possible, there must be space for diverse voices from the community and amendments to spotlight the voices of the most marginalized within the trans community. The representation needs to be more intersectional to benefit the majority of the trans community truly. When we educate ourselves and others about this, we can prevent ourselves from getting lost in celebrating the bare minimum resources the government provides and demand more inclusive legislation and policies.