Inclusion Of Transgenders In The Armed Forces?

Relevance: GS1 - Salient features of Indian Society, Social empowerment GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation, Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

(Source: Indian Express, 08/24/2023)

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Why in the news?

• Recently, a report presented by the Standing Committee on Personnel, Public Grievances, Law and Justice to the Rajya Sabha on August 3 proposed that the Ministry of Home Affairs (MHA) should consider extending reservation benefits to transgender people in the Central Armed Police Forces.
• According to the National Human Rights Commission, 96% of transgender individuals face employment discrimination limiting their access to decent career opportunities

Employment rates of transgenders in India: Know the Data

• According to the 2011 census, the transgender community accounts for 4.88 lakh individuals in India.
• However, only a limited number of individuals are able to secure employment.
• As a result, they are forced to participate in low-wage occupations or undignified means of livelihood, such as sex work and begging.

Education and Employment

• According to the NHRC, 52% transgenders encountered harassment from their peers in schools and colleges and 15% from their lecturers.
  • This was a major factor in their choice to discontinue their educational pursuits.
• The first-ever study on the rights of transgenders reveals that around 92% of transgender individuals, including qualified individuals, suffer from a lack of access to economic activities within the nation.
  • Over 89% of individuals who identify as transgender stated that there is a lack of employment opportunities available to individuals possessing the necessary qualifications.
  • 50 to 60% of individuals lacked formal education while those who did attend schools experienced extreme prejudice.
• The employment rate of transgender individuals in the private sector or NGOs was just 6%.
  • Only 1% of transgender individuals had a monthly salary of more than ₹25,000, while the remaining 26.35% earned between ₹10,000 and ₹15,000.
  • 23 percent of transgender individuals are coerced into participating in sex work.
  • As a result, transgender individuals are 49 times more likely to contract an HIV infection in comparison to the general population.

Supreme Court’s 2014 National Legal Services Authority versus Union Of India judgment and aftermath

• In the National Legal Services Authority vs. Union of India (2014) case, the Supreme Court recognized transgender individuals as a distinct gender category within the framework of the Indian Constitution
• In 2018, the Supreme Court of India rendered Section 377 of the IPC null and void, therefore eliminating the criminalization of homosexuality.
• The Transgender Persons (Protection of Rights) Act, 2019 defines a transgender person as an individual whose gender identity does not align with the gender assigned to them at birth.
  • It includes trans-men and trans-women, individuals with intersex variants, gender-queer individuals, and those with socio-cultural identities like kinnar and hijra.
  • It prohibits discrimination against transgender individuals in employment by both governments and private entities and mandates the appointment of a complaint officer in every office.

Arguments about the inclusion of trans-people in the armed forces

Argument 1: It’s not about the ability or right of transgenders but about a drastic cultural change

• In comparison to other public institutions, the armed forces, CAPF, and police forces have a distinct psychological approach to administration.
• The hierarchical structure and unique psychology of military organizations demand careful consideration before transgender individuals can be integrated efficiently.
• Former Chief of Defense Staff, General Bipin Rawat had observed that the Indian Army was a conservative organization and acknowledged that certain rights afforded to civilians may not extend to members of the armed forces.
  • Although the SC has decriminalized homosexuality through its verdict in the Navtej Singh Johar case, the Indian military continues to prohibit it.
  • Article 33 of the Constitution states that the fundamental rights of armed forces personnel may be subject to limitations as determined by Parliamentary legislation meaning that the Army Act, Navy Act, and Air Force Act may curtail various liberties afforded to civilians.
  • The Parliament is empowered to establish the applicability of law to individuals in the armed services.
  • The rights of individuals can be limited to ensure the effective fulfillment of their responsibilities and the preservation of order within the force.
• As the Indian Army possesses a well-established system for recruitment and a rigorous set of regulations to govern behavior while in service, there are no inherent issues associated with admitting homosexual and transgender soldiers.
• However, this transformation must occur from within the army as modernization of the army must include its perspectives and perceptions as well as its weapons.

ARGUMENT 2- No empirical evidence that supports the argument that transgender people are unfit for service

Historical position

• The transgender population in India reached its zenith of influence during the Mughal Empire during which they held several significant roles such as guardians of harems and assistants of the royal family.
• They were believed to be astute, reliable, and devoted, and were permitted unrestricted entry to all areas and interactions with the population.
• However, the British designated them as a “criminal tribe” and withheld civil rights from them.
• In the Hina Haneefa vs. State of Kerala 2020 case, the Kerala High Court adopted a progressive approach and recognized their transgender identity and self-perceived gender as female.
  • It accepted the argument that individuals who fulfill the necessary legal requirements should be eligible for enrolment in the NCC unit.
  • It issued a directive to the army, instructing them to make amendments to the NCCA, 1948 within a period of six months, to enable the admittance of individuals based on their self-perceived gender.
• Some opponents of the inclusion of transgender individuals in the armed forces claim that there is an increased tendency for depression, anxiety, and suicide among transgenders.
  • However, this is disputed by the observation that these concerns are prevalent across the broader LGBT population.

Empirical Studies

• The RAND study (2016) examined the potential consequences of permitting transgender individuals to openly serve in the US military.
  • It highlights the importance of implementing diversity-related training within military organizations and developing comprehensive policies on transgender recruitment.
• According to the Brookings Institution, the deliberate exclusion of a certain demographic could worsen the societal stigma and perceived civic inferiority of that particular group.
  • Enabling the open and inclusive service of transgender individuals in the military would contribute significantly towards achieving equality.
• India could use the policies of 18 other nations that currently allow transgender troops to serve openly.
  • This will help increase transgender representation within the armed forces and effectively address opposition to such inclusiveness.
• Diversity will not only help improve access to human rights but also contribute to the viability of the armed forces in the contemporary era.

Conclusion

• There is a lack of factual data that proves that transgender individuals are unsuitable for military service.
• A more inclusive and supportive atmosphere, where transgender individuals can openly serve without being discriminated against or marginalized could mitigate some of their social discomfort.
• The broader societal shifts towards inclusivity and equality must be recognized alongside the cultural and operational challenges involved in India modernizing its armed forces by including transgenders in the armed forces.

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FAQs

MCQs

Question: In India, Legal Services Authorities provide free legal services to which of the following types of citizens? (UPSC CSE 2020)

1. Person with an annual income of less than Rs. 1,00,000
2. Transgender with an annual income of less than Rs. 2,00,000
3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000
4. All Senior Citizens

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 3 and 4 only

(c) 2 and 3 only

(d) 1 and 4 only