Despite laws for their welfare, the implementation of these laws for LGBTQ is far from satisfactory
The implementation of our laws leaves much to be desired, especially when it comes to the fringe elements of society. The recent directive by the Supreme Court to the Central Government to form a policy for “reasonable accommodation” to transgender persons in employment within three months is indeed a step in the right direction. The issues of transgender are covered in the Transgender Persons (protection of rights) Act, 2019. It was not very long ago when the LGBTQ community was decriminalised. In 2018, the SC struck down section 377 dealing with homosexuality. On September 6, 2018, a five-judge bench gave a historic judgement. The court ruling annulled parts of section 377 that criminalised same-sex relations and intercourse. Before 2018, same-sex marriages were a punishable criminal offence. However, despite decriminalising transgenders, their civil rights are yet to be fully realised. Transgender Persons (protection of rights) Act, 2019, which came into force on January 10, 2020, is the cornerstone of the rights of the transgender. But its implementation is far from satisfactory. The apex court directive comes in the wake of a plea of a ‘trans-woman’, who was denied a job as cabin crew by then national carrier, Air India.
She challenged Air India's decision to deny her the job for which she was eligible. A bench of Justices DY Chandrachud and Hima Kohli has now directed the Government to make a policy framework for reasonable accommodation of transgenders seeking employment. As per the TPA 2019, section 9, no establishment shall discriminate against any transgender person while giving employment. Further, its section 8, calls upon the Government to secure the full and effective participation of transgender persons and their inclusion in society. But on the ground level that doesn't seem to be happening. The woman in question appeared and cleared all her tests and underwent a sex determination test. Despite her good showing she wasn't appointed or given a reason for her exclusion. That is perhaps the biggest irony. Passing progressive laws is one thing and implementing them quite another. The acceptability of the LGBTQ community in mainstream society is rather low. Though people might not say so they shy away from the people who they think have different mores or makeups, xenophobia of a different kind!
