From their family, friends, society, being neglected is as normal as it can be. To the topic of laughter and being labeled as unclean, do they have a place or purpose in the cycle of judgment of me and you.
Sexual Minorities are a group of people whose sexual identity, orientation is unique to that of the followed norm of the majority. They comprise lesbian, gay, bisexual, and transgender individuals. The term ‘Sexual Minorities’ also includes a class of people whose profession is peculiar to society, like giving sexual attention or satisfaction to the sexually unsatisfied.
If our neighbor is a transgender or a sex worker, what is our first impression?
Do we discriminate against them?
Do we consider them unclean?
Do we gossip about them?
These are a part of a thousand questions that arise in our minds, and it is ‘normal as it can be’.
Society, culture, religion in their own capacity construct in us the idea, that they may or may not be one among us. It is effortless to utter words, that they are with us, but to really accept them as who they are is a challenge. In the recent developments, due to the intervention of civil societies, pressure groups, courts, transgenders, somehow they are able to be at the forefront of equality (at least legally). But the latter entity has a long way to go. There are numerous issues face by the sexual minorities but this write up will focus on the legality and the subjugation of the sexual minorities during the pandemic.
A Glance On ‘Sex As An Occupation’ and Sexual Preferences In the Indian Context
Let us take the journey of the most neglected amongst the two groups, mentioned above; the sex workers, wherein adequate measures for their development are yet to come. As an ordinary citizen of India, there may be one or two instances that we question the legality of ‘sex as an occupation’. Is it allowed in our country?? …Is it legal??.. Is it moral??.. The answer to the curious question is ‘Yes’ it is legal, but only at a personal or individual level. (Article 19(g) to practice any profession, or to carry on any occupation, trade, or business. and Article 21 Protection of life and personal liberty).
As the practice of profession is legal, there has to be preventive measures for the same. But up to date, there are no specific guidelines for the protection of the rights of sex workers. For the question of its morality, the judgment is not for us to decide. For what is legal is not always moral and vice versa. After all, who defines morality.
The complications on why criminal cases are being charged against those who practice ‘sex as an occupation’ is because of the fact that sexual intimacy has been done at an organizational level for business purposes, where immoral trafficking of children and young women takes place. Criminal cases against an individual sex worker is illegal and at a personal level, paid sex is allowed, along with reasonable restrictions, as mentioned in the Immoral Trafficking Prevention Act,1956. This law can be a draconian act to target certain sects of people, who are at their own personal risk took the job but rather being blamed for using it as a mega-business organization. That will remain an error in the law but there is a certain hope that it is never going to be exploited by the authority.
LGTBQ community too face similar issues, with respect to social stigma, unrepresetation, misrepresentation, and many others. In comparison to the sex workers, transgenders by and far have been widely accepted, particularly with the awareness by the NGOs, educated intelligentsia, government bodies in the urban hub of the country, whereas in the rural areas, people are bound to their culture and traditions, which are generally conservative and exclusive in nature. Politically, their voices are still unheard, this may be due to their inability to reproduce which will automatically lead to the lack of voting power because of the limited population. In India, more is the population more is the appeasement politics.
Smaller communities are usually isolated because they do not bring maximum votes, which will grant power to the electors. This can be one of the reasons why proper laws have not been enacted for their protection. In spite of the challenges, the government is trying its best to be inclusive. The Transgender Rights Act,2019 which was passed by the government recently, is indeed a magnificent step towards realizing their rights. The enaction of the law is well appreciated but, what is inside the law, its provisions is still incomplete and inconclusive…
The first flaw to the act is; ‘Identification’ of a transgender is as per the convenience and sole authority or responsibility of a District Collector who is a generalist by nature, and not a medical practitioner.
He or She can be biased and manipulated.
Secondly; Representation in various committees do not include transgenders, who are the victim themselves. There will be errors in any law that are made, but to the least expected, the government has realized why the issue is, the realization of the problem is the first step in resolving it. The act also allows for sex assignment surgery, which means a person can change her/his biological sex as per their convenience, this accelerates the right to choose their sexual preference.
Among the two groups of sexual minorities; transgenders and sex workers, a balanced approach should be given to look at the development of both the groups, rather than focusing on only one side of the problem.
Covid-19 and Sexual Minorities
As the pandemic continues, sexual minorities bear the brunt at its worst it may be at a personal, social, economic level. They have been doubled-marginalized, seeking love and comfort from their families is never an option. When reverse migration was at its peak in India, limited attention was given to them. Although a number of NGOs do come up to help transgenders, there is rather no or less help given to the sex workers. From being in a debt trap, branded as vector carries, to living a risky life in the red light areas(population density is intense), their money, security, acceptance is all dried up.
No Loans No Social Security …
No One Can Imagine How Dreadful this can be…
Call to Action
Sexual Minorities are the most neglected only due to the fact that they do not cope with the social norm of heterosexuality and ‘morality’ of society. Although, a number of problems like proper health infrastructure, mental health, labour laws, education, and many more have not addressed in the article. This is just a tip of an iceberg on the issues that they encounter. This is just an awareness that ‘yes’ they have an identity which is equal as any of us, and they too have the right to lead a normal life, without being judged. Awareness schemes should be introduced, so that these groups of minorities may come up in life with courage and strength.
#YouAreWithUs
References
https://prsindia.org/billtrack/the-immoral-traffic-prevention-amendment-bill-2006
