“Every coin has two sides” is a popular idiom that can be used to portray two different viewpoints on a situation.
This article aims to use this analogy to discuss a situation, something that boils down to what Jean-Paul Sartre said, “We are our choices”.
OBVERSE
The obverse of a coin. The head.
This side of a coin can be associated with representation.
GENDER
The term “gender binary” [1] is the classification of gender into two streams: feminine and masculine. This classification occurs at birth and is termed “sex assignment” [2] . According to sex assignment, the number of births that do not fit into the above streams is a low percentage [3].
"Life is a matter of choices, and every choice you make makes you"- John C. Maxwell
One can choose to identify themself as transgender, gender diverse, non-binary etc., and thus, testify for the concept of gender identity [4].
Our country is gender diverse, in the sense that the Constitution of India has provisions to mandate gender equality [5]. Article 14 states that no person shall be denied equality before the law on grounds of religion, race, caste, sex, or place of birth. Article 15 prohibits discrimination on these grounds.
LGBTQIA+
Speaking of gender, one’s sexual orientation is also of utmost importance. People can identify themselves as heterosexual, homosexual, bisexual, asexual, etc.
In an India where same-sex relationships were illegal [6], the striking down of Section 377, a colonial law set up by Lord Thomas Babington Macaulay, was greeted with joyous cheers, given it was the first step towards the acceptance of the LGBTQIA+ community, and successively for diversity in India.
REVERSE
The reverse of a coin. The tail.
Mere representative diversity without any policies to accept everyone in society — socially, culturally, economically, and equally, irrespective of their persona and background is nugatory.
GENDER
Gender inclusivity can be linked with feminism, a call for equality [7] of all genders socially, economically, politically, and personally.
Legalities such as Article 39, Equal Remuneration Act, Maternity Benefit Act, etc. aim to advocate gender equality and gender inclusivity successively. [8]
The Child Marriage Amendment bill, introduced by Smriti Irani, has its primary objective as raising the legal marriage age for females from 18 to 21. The justification behind this is to administer gender equality as the legal marriage age for males in India is 21, and also to widen the educational and occupational opportunities for women.
The transgender community in India, whom society failed to accept, rejoiced after the landmark NALSA vs. Union of India 2014 judgement [9] which gave legal recognition to the “third gender” and gave them socio-economic rights.
The Transgender Persons (Protection of Rights) Bill 2019 defined transgender people as people whose gender does not match the gender assigned at birth, and includes trans-men, trans-women, people with intersex variations, gender-queers, etc.
LGBTQIA+
The first step toward the inclusion of the LGBTQIA+ community was the abolishment of Section 377, and accepting the rich diversity that exists in our country. However, a truly inclusive society free from stigma is still a dream.
Many members of the LGBTQIA+ community in India face violence and estrangement by their own families as well as the societies they live in. Attitudes of such members of the society, especially the rural community, are arduous to change. Such unequal treatment remains an unaddressed issue.
This impacts their education, health, safety, economic status, and persona. Every Indian has fundamental rights; however, through such actions, this community is many a time deprived of them.
The corporate world, though, acknowledged the existence of the LGBTQIA+ community, after the 2009 [10] Delhi High Court judgement on the decriminalisation of Section 377, and the 2018 [11] judgement abolishing the Act. Furthermore, the abolishment of the same caused companies to format their ‘Diversity and Inclusion’ policies to accommodate members of the LGBTQIA+ community.
THE THIRD SIDE
Every coin has three sides.
While diversity lies on the obverse and inclusion on the reverse, the edge of the coin is plagued with hindrances. These hindrances are the reason their effective inclusion in our diverse society is improbable.
GENDER BIASED LAWS
Sections 375 [12] and 376 [13] in the Indian Penal Code state women to be the victims of rape and men to be the perpetrators. Thus, men, trans people, and non-binary people cannot be considered “victims”, which is gender-biased, even though women have been historically oppressed with respect to this heinous act.
Section 498A [14] says that a husband (or his relatives) shall be punished with imprisonment and a fine if acts of cruelty are inflicted upon his wife. This typically favours a woman and can be used as a weapon as opposed to a shield, as is seen in cases such as that of Bhaskar Lal Sharma & ANR. V. Monica. [15] [16] [17]
DEEP-ROOTED PATRIARCHY
Oxford defines patriarchy as a term applied to any form of social organisation, in which men have predominant power [18].
Imagine being spritzed with pepper spray simply because of wanting to offer prayers to your deity [19] [20]. Imagine being attacked by mobs, losing your job, and being forced to leave your home for merely walking towards your shrine [21]. Imagine having special member teams and police forces scrupulously plan your pilgrimage and safeguard you during the same [22]. Imagine being treated this way just because you are a woman.
This is the situation at the Sabarimala Temple. Women were not allowed to enter the temple. Many people proclaimed their entry into the temple to be equivalent to disrespecting the deity, a stain on the sanctity of the temple, etc. The ban imposed on women of reproductive age was lifted by the Supreme Court as it violated Article 25 - Clause 1 and Rule 3(b) of Kerala Hindu Places of Worship.
Even after women could legally enter the temple, many were denied their Right to Worship by fanaticized protestors.
This is just one of the many scenarios where patriarchy can be seen in practice.
We live in a society where women are generally not allowed to visit crematoriums, citing bizarre theories. People have lashed out at women who carried out the last rites of their loved ones, as is the case of Mandira Bedi [23] .
Situations like these, some evident while some go unnoticed, are pernicious to effective inclusion.
REPRESENTATION OF TRANS- PERSONS
The representation of trans-persons in the organised sector workforce is abysmal. Some people had to leave their homes, and were catapulted into dire poverty and begging on the streets simply because they wanted to wear a saree [24]. 8 in 10 transgender women are subject to gender-based violence [25]. Stories of trans-men being abused because others couldn’t accept their choice go entirely against their liberty. Such situations into which they are pushed, or tales of the same happening around our country, leads to menial trust-building in local societies.
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 [26]
This Act was welcomed with wide pride protests. Clauses in this bill go against the body autonomy of trans-people and violate the NALSA-affirmed right to self-determination of gender. The bill is also very vague, and states no methods to actually implement and ensure their inclusion in spheres like education and employment.
LGBTQIA+
A vast majority of the queer community faces challenges such as legal difficulties, acceptance, and inclusion, right from their very own families.
India also abstained from voting for LGBTQ rights at the UNHRC [27].
The abrogation of Section 377 had practically no impact on rural India. People are taken to shamans [28] upon coming out. People are made to feel guilty because of their orientations. They face identity crises and turn suicidal, either due to lack of communication, or because society, more importantly their family at times, fails to accept their identity [29]. Narratives such as that of Adhila and Fathima [30] tell us that there’s a vast difference between diversity and inclusion.
In corporate India, while many companies have modified their diversity and inclusion policies to accommodate the LGBTQIA+ community, these policies are framed in such a way that they do not consider the challenges faced by the community. Due to historical oppression, many members have faced issues of social acceptance, humiliation, mental and physical abuse, etc. Supportive infrastructure to address such issues and take their persona into consideration (for example, gender-neutral restrooms) is what would cultivate inclusion, rather than colouring one’s logos in rainbow tones and merely representing diversity.
CONCLUSION
A diverse society like India requires societies and organisations, both public and private, to adopt policies that focus not only on representation but on effective inclusion.
Rule of Law is a dynamic concept that essentially means that the “law” should “rule”.
No individual is above law, and they are subject to the jurisdiction of all courts of law, irrespective of position and rank. Everyone is equal before the law, irrespective of all dividers. However, equality before the law does not mean equality “of” law.
It is important that, as individuals part of a democratic country, we respect the Rule of Law, because only then can the third side of the coin be immaculate. It is equally important that effective inclusion policies with a system of checks and balances are adopted for every citizen and/or resident of India, no matter how diverse of a society we are.
Article by: Smriti Sivakumar, Vice-President, PES MUN Society, RR Campus
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