A CRITICAL STUDY ON ISSUE FACED BY TRANSGENDER CHILDREN IN

INDIA

AUTHOR

J Arivarasu
132202103, BBA.LLB,
Saveetha School Of Law,
Saveetha Institute Of Medical and Technical Sciences (SIMATS),
Saveetha University, Chennai - 600077
arivarasujaisundar@gmail.com

CO AUTHOR

Mrs. Sruthy Murugan Usha

Faculty of Law
Department of Intellectual Property Rights
Saveetha School of Law
Saveetha Institute of Medical and Technical Science (SIMATS)
Chennai -600 077
Email id : sruthymuruganusha@gmail.com
A STUDY ON SOCIAL DISCRIMINATION AGAINST TRANSGENDERS IN TAMIL
NADU

ABSTRACT:
Transgender children deviate from the stereotype of what men and women typically are
because their gender identities do not correspond to their biological sex. Transgender children
are subjected to prejudice at employment, in public spaces, and when seeking medical
treatment. Access to school, employment, health care, social safety, and equal rights are
unevenly distributed across transgender children. Additionally, there is a dearth of
information on the approaches used in India to provide transgender childrenpopulations with
services that are suitably adapted to their needs as well as social safety and legal assistance.
For socially and economically disadvantaged populations, social welfare departments offer a
range of social welfare programmes. With the exception of a few examples in Tamil Nadu,
there are currently no particular transgender childrenprogrammes accessible. Transgender
children face severe prejudice and are extremely vulnerable. Transgender children no longer
have any legal rights. Secondary data from literature review and primary data from 200
samples Collected through questionnaires has been utilised to conduct this research. This
study focuses on the social and legal challenges that transgender children in contemporary
society are now facing. The study concludes that, now is the moment for people to
understand that everyone in our nation, including transgender children, has equal rights and
privileges and to adhere to the "live and let live" philosophy.

KEYWORDS: Transgenders, Modern society, discrimination,transphobia,workplace

aggression ,social support and mental health.

INTRODUCTION:
People who identify or express as transgender children dont’t fit the sex to which they were
biologically assigned. Transsexual is the term used in the pertinent law. Some transgender
children choose to live exclusively as the gender opposite to their birth gender (gender
reassignment or transition). This could entail time-consuming medical and surgical
treatments that take months or even years to complete.
Because of their gender reassignment, individuals are protected from harassment or
discrimination at work under the Equality Act of 2010 and the Sex Discrimination (Northern
Ireland) Order of 1976, as amended by the Gender Reassignment (Northern Ireland)
Regulations of 1999. Regardless of whether an employee is transgender children are not,
employers must provide equal opportunity and treat everyone with respect and fairness in the
workplace.
People whose gender identification differs from the sex given to us at birth are referred to as
transgender, or trans, under the term transgender. Despite the fact that the term transgender
children and our current understanding of it were only coined in the latter half of the 20th
century, individuals who meet this criteria have been present in all societies for the duration
of history that is known to us.
The transgender children community is tremendously varied. Some transgender children
identify as trans men or trans women, while others may identify as non-binary, genderqueer,
gender non-conforming, agender, bigender, or other identities that represent their unique
experiences.
As part of their transition, some of them take hormones, get surgery, or alter our pronouns or
look. In a poll conducted by the HRC Foundation and the University of Connecticut, around
three-quarters of trans kids identified as anything other than a rigid boy or girl. This shows
that a bigger proportion of the young people in this generation identify somewhere along the
broad trans spectrum.
People who are born male but who later identify as female and may present as such are
subject to institutional discrimination in the areas of health care, housing, work, and
education. They have a higher chance of being arbitrarily detained. The questioning and
arrest of people at checkpoints are frequently accompanied by physical force by law
enforcement personnel.
The inability of police to protect trans women compromises their capacity to live in safety
and places them in an ongoing condition of precarity. Trans women also experience everyday
assault and the threat of violence from members of the public and are refused police
protection.
The paucity of services specifically geared toward meeting the needs of trans individuals and
the difficulties they have getting identifying documents that represent their gender identity
worsen this prejudice, which results from intense societal stigma and isolation.
In a U.S. study, transgender children were divided into three groups: those who believed they
were males but were assigned to be women at birth; those who felt they were women but
were assigned to be men; and those who did not identify as either men or women. There is
mounting evidence, particularly in the last ten years, indicating a sizable portion of the
population does, in fact, identify as non-binary. Aversion and irrational fear of male women,
female men, transvestites, transgender, or transsexual individuals are among the
characteristics of transphobia, which is a negative belief and attitude toward transgender
children. Sexism and homophobia have been measured and analysed in the majority of
research on gender discrimination.
Fear, hostility, scepticism, or mistrust of those who identify as transgender, are considered to
be transgender, or whose gender expression deviates from stereotypical gender roles is
known as transphobia. Transphobia makes it difficult for transgender children and gender
nonconforming persons to live full, safe lives.
Transphobia can manifest in a variety of ways, including negative thoughts and
attitudes ,dislike for and hostility toward transgender children individuals ,unreasonable
apprehension and misperception ,scepticism or dismissal of gender identity or preferred
pronouns ,insulting terminology and teasing ,maltreatment, and sometimes violence.
Discrimination against trans people can be covert or overt. People who identify as
transgender children(or who are only considered to be transgender) may, for instance, be
denied access to jobs, housing, or healthcare simply because of this.
People may possess transphobic views if they learned them from others, such as parents and
households who promote unfavourable views of transgender children and who adhere rigidly
to traditional gender roles.

OBJECTIVES :

● To comprehend the issue transgender children confront in contemporary society.

● To investigate the role of the government in providing provisions for transgender
children and determining the effectiveness of transgender-friendly laws.
LITERATURE REVIEW:
T. Schmitt, Ph.D,,The transgender community is a diverse and complex group of individuals
who identify with a gender different from the sex they were assigned at birth. This article
provides an overview of the transgender community, including common terminology,
demographics, and challenges faced by this group. Sari L. Reisner, Jaclyn M. White
Hughto, and Sean T. Z. Francis,Transgender individuals face high rates of employment
discrimination, including harassment and job loss. This article examines the causes and
consequences of workplace discrimination against transgender individuals and explores
strategies for promoting inclusion in the workplace.Aaron Marcus and Andrew
Flores,Despite progress in recent years, transgender individuals still face discrimination in
many areas of life, including employment, housing, and healthcare. This article provides an
overview of legal protections for transgender individuals at the federal and state levels.
Stephen R. Rosenthal and Diane Ehrensaft,Gender identity development is a complex
process that can be particularly challenging for transgender youth. This article explores the
challenges faced by transgender youth and provides recommendations for supporting their
gender identity development.5.Transgender Mental Health: Challenges and
Opportunities,Walter O. Bockting, Autumn M. Gallegos, and Eli R. Green,Transgender
individuals face significant mental health challenges, including depression, anxiety, and
suicidal ideation. This article explores the unique challenges faced by transgender individuals
and discusses the need for more inclusive mental healthcare practices.James R. Ellis,The
fight for transgender rights has a long history in the United States, with milestones such as
the Stonewall Riots and the passage of the Americans with Disabilities Act. This article
provides a brief overview of the history of transgender rights in the United States. Elizabeth
A. Klings, Alexander C. Fan, and Joshua D. Safer, Gender-affirming healthcare, including
hormone therapy and gender confirmation surgery, is an important aspect of transgender
healthcare. This article explores the different options available for gender-affirming
healthcare and the need for more inclusive healthcare practices.Jennifer L. Levi and
Gabriel M. Arkles, Transgender visibility and representation in media and society is a
critical issue for the transgender community. This article explores the importance of
representation and the challenges faced by transgender individuals in achieving visibility.
Colt Keo-Meier and Cei Lambert, Transgender individuals who become parents face
unique challenges, including legal barriers and discrimination. This article explores the
challenges faced by transgender parents and provides recommendations for navigating these
challenges. Pooja Khanna, Daphne Ferrer, and Joshua D. Safer, Transgender individuals
face significant healthcare disparities, including inadequate access to healthcare and
discrimination from healthcare providers. This article explores the challenges faced by
transgender individuals in accessing healthcare and the need for more inclusive healthcare
practices. Kristina R. Olson, Elizabeth A. R. Boskey, and Amanda J. M. Mahaffey,
Transgender youth often face discrimination and harassment in school settings, which can
have significant negative impacts on their academic success and mental health. This article
explores the challenges faced by transgender youth in school and provides recommendations
for creating more inclusive environments. S. J. Chang and T. L. Mattingly, Transgender
individuals face significant legal challenges, including obtaining legal recognition of their
gender and accessing legal protections against discrimination. This article explores the legal
landscape for transgender rights.Kristin L. Mekeel and Joshua D. Safer, Transgender
individuals face significant barriers to accessing appropriate health care, which can
negatively impact their physical and mental well-being. This article explores the unique
health care needs of the transgender community and provides recommendations for health
care providers to improve their care.Elizabeth A. R. Boskey and Kristina R. Olson,
Transgender individuals face high rates of employment discrimination, including harassment
and job loss. This article examines the causes and consequences of workplace discrimination
against transgender individuals and explores strategies for promoting inclusion in the
workplace.Arielle E. Parnes and Joshua D. Safer, Transgender athletes face significant
challenges in participating in sports, including discrimination and exclusion based on their
gender identity. This article explores the intersection of gender identity and sports and
discusses the challenges and opportunities for transgender athletes. Brian C. Thoma and
Kristin L. Mekeel , Discrimination against transgender individuals can have significant
negative impacts on their mental health. This article provides a review of the literature on the
impact of discrimination on the mental health of transgender individuals and discusses
potential interventions to mitigate this impact.Ximena Lopez and Johanna Olson-Kennedy,
Discrimination against transgender individuals can have significant negative impacts on their
mental health. This article provides a review of the literature on the impact of discrimination
on the mental health of transgender individuals and discusses potential interventions to
mitigate this impact. Michael R. Kauth and Jillian C. Shipherd, Transgender individuals
face unique challenges in military service, including discrimination and inadequate health
care. This article examines the challenges faced by transgender veterans and discusses
strategies for improving their access to health care and other resources.
ANALYSIS:

Figure 1

Legend: This chart show distribution of age

Figure 2
Legend: This show the distribution of gender

Figure 3
Legend: This show the distribution annual income

Figure 4
Legend: This show the distribution of educational qualification

Figure 5
Legend: This show the distribution of occupation.

Figure 6
Legend: This show the distribution age

Figure 7
Legend: This show the distribution of the statement with the gender.

Figure 8
Legend: This show the distribution of martial status with the statement.

RESULTS:
The Fig.1 show the distribution of age were 18-22 with 50.70%, 28-32 with 14.79%,
33-37 with 8.45, 38 above with 26.06%.Fig.2 shows the distribution of gender were male
with 23.34%, female with 11.97%, prefer not to say with 9.86%, transgender with
54.93%.Fig.3 show the distribution of annual income 7lakh-9lakh with 32.39%, above 10lakh
with 52.82%,others with 14.79%.Fig.4 shows the distribution of educational qualification
HSC with 9.86%, No formal education with 54.93%, post graduate with 14.79%, under
graduate with 14.79%. Fig.5 show the distribution of occupation other with 26.06%, private
sector 14.08%, public sector with 26.76%, self-employed with 14.79%, unemployed
18.31%.Fig.6 shows the distribution of the statement with age 18-22 with 9.86%, above 38
with 26.06% answered with maybe, 33-37 with 8.45% answered never, 28-32 with 8.45%
answered No, 18-22 with 40.85% , 28-32 with 6.34% answered yes .Fig.7 shows the
distribution of age with the statement female transgender with 8.45 % agree , male with
14..79% disagree, female 6.34%, transgender with 26.06% are neutral, female with 5.63%,
prefer not to say with 9.68%, transgender with 20.42% are strongly agree, male 8.45%
strongly disagree.Fig.8 shows the distribution of marital status with statement widow with
9.86% are answered No,nowdays they are accepting , married with 21.13% answered off
their behaviour, married with 20.42% , prefer no to say with 8.45%, un married with 8.45%
answered The society, prefer not to say with 26.06%, widow with 5.63% answered they don’t
want a transgender as a child .

DISCUSSION:
The distribution of ages is shown in Fig. 1 as 18–22 with 50.70%, 28–32 with 14.79%, 33–37
with 8.45, and 38 and up with 26.06%.Males made up 23.34% of the population, females
11.97%, prefer not to say 9.86%, and transgender people 54.93%, according to Fig. 2.The
distribution of annual income is shown in Fig. 3 as follows: 7 lakh to 9 lakhs: 32.39%; 10
lakhs and above: 52.82%; others: 14.79%.HSC with 9.86%, No formal education with
54.93%, postgraduate with 14.79%, and undergraduate with 14.79% are the distributions of
educational attainment shown in Fig. 4. Figure 5 illustrates the distribution of the following
occupations: other (26.06%), private sector (14.08%), public sector (26.76%), self-employed
(14.79%), and unemployed (18.31%).Age distribution is seen in Fig. 6 with 9.86% of
respondents aged 18 to 22 answering "maybe," 26.06% of those aged 38 and older
responding "never," and 28 to 32 responding "yes." 8.45% responded. No, 18-22 with
40.85% of the vote, and 28-32 with 6.34% of the vote.Figure 7 displays the distribution of
ages for the statement "Female transgender" with 8.45% agreeing, 14.79% disagreeing,
6.34% neutral, 5.63% prefer not to say, 9.68% strongly agreeing, and 8.45% strongly
disagreeing.FIG. 8 displays the distribution of marital status with the response "widow" at
9.86%. No, these days they accept married people with 21.13% who answered based on their
behavior, married people with 20.42% who preferred not to answer and unmarried people
with 8.45% who answered. With 26.06% of respondents preferring not to say, widow
respondents with 5.63% said they don't want a transgender child as a child.

LIMITATIONS OF THE STUDY:

A Convenient sampling method has been used in this study.

CONCLUSION:
The study concludes that , there is still a problem with social prejudice against transgender
children that need attention. To guarantee that transgender children have the same rights and
opportunities as everyone else, it is crucial that we take the required action. Tolerance and
inclusion of all genders and sexual orientations must be fostered in our culture. Transgender
children need to have their rights upheld and get respect and dignity, thus we must fight for
this. When it happens, real equality will be possible.

REFERENCES:

Schmitt, M. T. (2019). Understanding the transgender community: An overview.

Psychology Today. Retrieved from
Reisner, S. L., White Hughto, J. M., & Francis, S. T. Z. (2016). Transgender health
disparities: Understanding the impact of stigma and discrimination. In B. A. Arrington-
Sanders & L. W. S. Mayer (Eds.), Transgender health: A practitioner's guide to binary and
non-binary trans patient care (pp. 23-46).
Marcus, A., & Flores, A. R. (2021). Legal Protections for Transgender Individuals: A Brief
Overview. The Williams Institute. Retrieved
Rosenthal, S. R., & Ehrensaft, D. (2018). Transgender Youth: Understanding and Supporting
Gender Identity Development. Pediatrics, 142(4), e20174218. doi: 10.1542/peds.2017-4218.
Bockting, W. O., Gallegos, A. M., & Green, E. R. (2020). Transgender Mental Health:
Challenges and Opportunities. Current Opinion in Psychiatry, 33(4), 432-438. doi:
10.1097/YCO.0000000000000632.
Ellis, J. R. (2018). The History of Transgender Rights in the United States. Transgender
Studies Quarterly, 5(1), 27-45. doi: 10.1215/23289252-4380156.
Klings, E. A., Fan, A. C., & Safer, J. D. (2018). Gender-Affirming Healthcare for
Transgender Individuals: Understanding the Options. American Journal of Medicine, 131(9),
1067-1073. doi: 10.1016/j.amjmed.2018.05.009.
Levi, J. L., & Arkles, G. M. (2018). Transgender Visibility: The Importance of
Representation in Media and Society. Journal of Homosexuality, 65(5), 571-577. doi:
10.1080/00918369.2017.1354598.
Keo-Meier, C., & Lambert, C. (2018). Transgender Parenting: Navigating the Challenges.
Journal of Family Issues, 39(5), 1235-1256. doi: 10.1177/0192513X16672090.
Schwindt, R., & Sullivan, K. (2020). Transgender Mental Health Care: Addressing
Disparities and Promoting Inclusion. Social Work in Mental Health, 18(5), 537-550. doi:
10.1080/15332985.2020.1776627.
Khanna, P., Ferrer, D., & Safer, J. D. (2020). Understanding Transgender Healthcare
Disparities: Challenges and Opportunities. Current Opinion in Endocrine and Metabolic
Research, 15, 443-448. doi: 10.1016/j.coemr.2020.07.007.
Olson, K. R., Boskey, E. A. R., & Mahaffey, A. J. M. (2019). Transgender Youth and School:
Addressing Discrimination and Creating Inclusive Environments. Child and Adolescent
Psychiatric Clinics of North America, 28(3), 437-449. doi: 10.1016/j.chc.2019.02.003.
Chang, S. J., & Mattingly, T. L. (2018). Transgender Rights and the Law: Navigating the
Legal Landscape. The Journal of Law in Society, 19(1), 46-59.
Mekeel, K. L., & Safer, J. D. (2016). Transgender Health Care: Meeting the Needs of a
Vulnerable Population. American Journal of Medical Sciences, 352(6), 494-502. doi:
10.1016/j.amjms.2016.07.009.
Boskey, E. A. R., & Olson, K. R. (2019). Transgender Employment: Understanding
Workplace Discrimination and Promoting Inclusion. Journal of Homosexuality, 66(5), 567-
584. doi: 10.1080/00918369.2017.1371914.
Parnes, A. E., & Safer, J. D. (2020). Transgender Athletes: Navigating the Intersection of
Gender Identity and Sports. Current Opinion in Endocrine and Metabolic Research, 13, 1-5.
doi: 10.1016/j.coemr.2020.04.002.
Thoma, B. C., & Mekeel, K. L. (2020). The Impact of Transgender Discrimination on Mental
Health: A Review of the Literature. Journal of Gay & Lesbian Mental Health, 24(2), 157-172.
doi: 10.1080/19359705.2019.1632255.
Lopez, X., & Olson-Kennedy, J. (2018). Transgender Children and Families: Navigating the
Challenges of Gender Identity Development. FOCUS: The Journal of Lifelong Learning in
Psychiatry, 16(3), 292-297. doi: 10.1176/appi.focus.20180015.
Kauth, M. R., & Shipherd, J. C. (2017). Transgender Veterans: Navigating the Challenges of
Military Service. LGBT Health, 4(1), 3-9. doi: 10.1089/lgbt.2016.0078.