Gender and space: on trans people's basic rights
In the backdrop of a rising trend of decimation of rights for people who do not fit into the binary of male and female, led by the U.S. administration, a recent U.K. Supreme Court ruling has further polarised the gender debate. In an 88-page judgment, five judges unanimously ruled that only biological women and not transwomen meet the definition of a woman under Britain's Equality Act 2010. In its limited scope of deliberation, it provided a 'statutory interpretation' that the terms 'woman' and 'sex' in the Act refer only to a biological woman and the biological sex. A transwoman who has undergone a gender reassignment and has a gender recognition certificate as a woman for all purposes would lose the right to be treated as a biological woman. While the appellants in the case, For Women Scotland, funded in part by gender-critical writer J.K. Rowling, celebrated the verdict saying they had been vindicated, trans supporters and campaigners felt it was a setback for trans inclusion. There has been a considerable change in the resolve of the original respondents, The Scottish Ministers, too with the resignation of Scottish National Party leader Nicola Sturgeon in 2023. She had led the fight to change gender laws so that those with gender recognition certificates could be entitled to the same protections as biological women. But there was a backlash against gender recognition reforms after a trans woman, who had raped two women while she was a man, was initially sent to an all-female prison.
The ruling made the point that the Gender Recognition Act 2004 gives legal recognition to the rights of transgender people on marriage, pensions, retirement and social security, and that the equality law protects them against discrimination. Kishwer Falkner, the chair of the U.K.'s Equality and Human Rights Commission (EHRC), said the court's 'clarity' means only 'biological women could use single-sex changing rooms and women's toilets, or participate in women-only sporting events and teams, or be placed in women's wards in hospitals'. But as the judges counselled against reading the judgment as a triumph for one or more groups in society at the expense of another, the EHRC should also ensure that unisex or neutral spaces are earmarked for trans people when it issues new guidelines. That holds true for all institutions, offices, hospitals and schools, planning restrictions. The ruling will have an impact on the sporting arena where athletics, cycling and aquatics have already banned transgender women from participating in women's events. As the experience with India's Transgender Persons (Protection of Rights) Act 2019 shows, any changes in the legal framework must factor in the trans people's basic rights or else they will face more strictures.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
an hour ago
- Indian Express
Census must not only count women — it must count them properly
Numbers have always told stories: Of progress, pain, and power. But too often, they have also erased people at the margins. As the country prepares for its next Census, we must ask: Will we count women in a way that reflects their diversity and realities? Or will the most marginalised be once again statistically invisible and politically excluded? The passage of the Women's Reservation Bill — formally the Constitution (106th Amendment) Act — in September 2023 was a watershed moment. But its implementation has been delayed as it depends on the delimitation exercise, tied to the Census. This means that how we conduct the Census will shape not only who gets counted, but also who gets a seat at the table potentially for decades to come. Therefore, the upcoming Census is not just a statistical operation. It is a unique opportunity to shape the scaffolding for a more inclusive democracy. But for that to happen, it must be gender-responsive in design and execution. Over the past decade, I have witnessed firsthand how women in politics confront entrenched structural hurdles. Casual sexism within party ranks, lack of access to campaign finance, being ignored by the media, threats of violence — both online and physical — and being constantly overlooked by their respective political parties in ticket distribution for legislative seats. These challenges are magnified for women belonging to marginalised communities. Dalit, Adivasi, Muslim, queer, and disabled women, among others, face multiple and intersecting layers of discrimination. Simply reserving seats without addressing the ecosystem of exclusion will only reproduce inequalities in new forms. The Census will not only be about collecting sex-disaggregated data. It should recognise that women are not a monolith and ensure that questionnaires reflect that complexity. These are some steps that can be taken: Gender-data can be cross-tabulated with indicators for literacy, employment, land ownership, bodily abilities, religion, caste, etc; partnering with experts in gender and caste research, keeping in mind that caste and subcaste formations can also be regional in nature; building public data portals that allow civil society to filter, analyse, and visualise gender-aggregated data; most importantly, the enumerators should be trained in gender sensitivity. In 2011, the Census made a landmark move by including a separate 'other' gender category. But the enumeration process was poorly designed and inconsistently applied. This led to underreporting and misclassification of trans and non-binary persons. The next Census needs to correct this process of insensitivity and invisibilisation. Some may argue that implementing a robust, gender-responsive Census is too resource-intensive. Yet, without it, we risk implementing laws that are still rooted in the status quo. Applied to women's representation, it will replicate existing power structures, with privileged women at the helm. Once the Women's Reservation Act is enacted after a gender-responsive Census, we can monitor: If reserved seats across constituencies reflect the diversity of India's female population; if selection processes by political parties for reserved seats are evidence-backed, instead of being arbitrary; that there is a pipeline from panchayat to Parliament to prevent co-optation by elite women. These mechanisms would ensure that the policy is not tokenistic, and actually represents the women of India. Further, it will help us answer these critical questions: How do we ensure women from the Other Backward Classes are not overlooked in seat allocations? How will political parties be held accountable for fielding women candidates from SC and ST communities – not just in reserved constituencies, but also in general ones? Gender-disaggregated data would make visible those who are routinely ignored. And visibility matters because it seeds awareness, enables activism, and builds political pressure. A Census that fails to see women in all their lived realities is incomplete and unjust. The Census is a political mirror. But without gender-responsive tools, it offers only a distorted reflection. Every person counts in a representative democracy, and every woman must be counted where it matters most: In our legislatures, policies, and collective future. Because women are not just half the population — we are half the potential. And it's high time India sees us that way. The writer is the founder of Femme First Foundation and the lead author of The Fifteen: The Lives and Times of the Women in India's Constituent Assembly
Hindustan Times
4 hours ago
- Hindustan Times
2 held for sheltering Pahalgam attackers
The National Investigation Agency (NIA) has arrested two men for allegedly harbouring the terrorists who killed 26 civilians in Pahalgam two months ago, the agency said on Sunday, marking the first set of arrests in connection with the terror attack. ITBP personnel patrol an area at Betaab Valley of Pahalgam ahead of reopening of tourists places in the area, which were closed in view of security considerations after the April 22 Pahalgam attack, in Anantnag district, Sunday (PTI) In a statement, NIA said that Pahalgam residents Parvaiz Ahmad Jothar and Bashir Ahmad Jothar knew about the terror affiliations of the three gunmen and provided them with shelter, food and logistical support in the days leading up to the April 22 attack. 'Parvaiz and Bashir had knowingly harboured the three armed terrorists at a seasonal dhok (hut) at Hill Park before the attack. The two men had provided food, shelter and logistical support to the terrorists who selectively killed the tourists on the basis of their religious identity,' the anti-terror agency said in a statement and added the two have been charged under the stringent Unlawful Activities (Prevention) Act's (UAPA) Section 19 (punishment for harbouring or concealing a terrorist). The agency did not disclose further information about the two men. Also Read | Pahalgam probe: In hunt for gunmen, 2 possibilities on radar Since the terror strike, security forces have killed six terrorists in separate encounters across Kashmir, but the Pahalgam attackers remain at large. Authorities detained close to 2,000 people for questioning in the aftermath of the attack. 'The duo has also disclosed the identities of the three armed terrorists involved in the attack, and have also confirmed that they were Pakistani nationals affiliated to the proscribed terrorist outfit Lashkar-e-Taiba (LeT),' the anti-terror agency said in the statement. Also Read | 'Attack on every Indian's soul': PM Modi on Pahalgam terror attack at G7 Summit Authorities earlier identified the suspected attackers as Hashim Musa, also known as Suleiman, and Ali Bhai, also called Talha Bhai — both Pakistani nationals — and local operative Adil Hussain Thokker. The agency did not clarify on Sunday if the three terrorists alluded to in its statement were same as the ones identified earlier. NIA, which is formally investigating the case, has questioned hundreds of people over two months, including suspected collaborators, pony operators, vendors and tourism workers. Investigators have also examined videos and photographs taken by families at Baisaran meadow on the day of the attack. HT reported on Sunday that security forces are pursuing two theories about the whereabouts of the terrorists, with officials divided over whether the attackers remain in hiding or have fled to Pakistan. The Resistance Front, a proxy group for the banned Lashkar-e-Taiba organisation, claimed responsibility for the attack. Indian agencies say the group is a front used by Pakistan to avoid international sanctions. As first reported by HT on April 24, intelligence agencies traced the attack's digital communications to safe houses in Muzaffarabad and Karachi, establishing Pakistani involvement in what officials described as similar to the control room-operated 2008 Mumbai attacks. India responded with Operation Sindoor on May 7, bombing nine terrorist camps across Pakistan and Pakistan-occupied Kashmir in pre-dawn strikes that killed at least 100 militants. The operation sparked four days of cross-border fighting involving fighter jets, missiles and artillery.
Indian Express
7 hours ago
- Indian Express
Delhi Confidential: Water conservation
A DELEGATION of the Parliamentary Standing Committee on Water Resources, headed by BJP MP Rajiv Pratap Rudy, during a recent study tour to Karnataka held discussions on water management inside national parks, tiger reserves and sanctuaries. Rudy, who is also a member of the National Tiger Conservation Authority, had recently suggested updating the water atlas of tiger reserves, in a meeting of the authority. In this backdrop, Rudy and the other committee members held meetings in Bandipur with representatives of central and state water resources departments. The MP also participated in a meeting of field directors of the southern region at Mudumalai Tiger Reserve. Protest In Solidarity THE CONGRESS leadership in poll-bound Bihar has been directed to take 'active part' in the upcoming protest against the Waqf (Amendment) Act, in Patna on June 29. The demonstration is being steered by Muslim organisation 'Imarat Shariah' and is likely to see participation from all INDIA bloc parties, including the RJD and Left Front. Bihar Congress president Rajesh Kumar Ram on Sunday evening met the president of Imarat Shariah, Faisal Rahmani, and discussed the protest plan. The state Congress leaders have also been told to mobilise people from Dalit and OBC communities to take part in the protest and show support to the minority community against the legislation. Age Just A Number MINISTER OF State for Fisheries, Animal Husbandry and Dairying S P Singh Baghel Saturday planted 65 saplings, distributed sarees to 65 women and handed out helmets to 65 youths on the occasion of his 65th birthday (June 21). The Minister participated in various celebratory events in his constituency Agra. He received birthday greetings from several dignitaries, including President Droupadi Murmu and Prime Minister Narendra Modi. The PM, in his message, praised Baghel's dedicated service, calling it an 'inspiration for the new generation'.
