‘US should borrow our NALSAR verdict’

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HYDERABAD: If all goes well, public universities in the country will soon open their doors to the transgender students on lines of University of Iowa which when comes to LGBT inclusivity, is right on the frontier. Two city-based transgender activists, Vyjayanti Vasanta Mogli and Rachana Mudraboyina, who participated in US State Department’s International Visitors Leadership Programme (IVLP) this year, are hoping that this will soon become a reality.  

“Talks have begun with the University of Iowa and Indian public universities. We hope this works out  and the campuses are made inclusive for the community,” says Vyjayanti, works pro bono and volunteers with the hijra and transgender community. During the three week-long visit to the US, the duo visited Washington, Colorado, Iowa, Denver and Massachusetts.

In line with theme “Understanding transgender issues in the US” Vyjayanti and Rachana had interactions with American transgenders from across all professions, like doctors, lawyers, economists, politicians, etc. “Our interaction with Raffi Freedman-Gurspan, the first transgender staffer of the White House was partricularly interesting and inspirational,” says Rachana adding that unlike in India where everything pertaining to LGBT community is under warps and  taboo, Americans are very vocal. “A queer introducing you to his/her spouse came as a pleasant surprise. I felt really happy meeting such people.”

The activists also found a stark difference the way policies pertaining to the LGBT community are formulated. Calling 2014 National Legal Services Authority (NALSA) judgement revolutionary and a big win for Indian transgenders, the transwomen say while Indian judiciary is sensitive towards their needs, the American executive is more proactive.

“The executive order by Obama demonstration to make washrooms gender neutral is the case in point,” explains Vyjayanti.  

Rachna, who is also a sex worker, agrees and adds that this is one of the reasons why the LGBT enjoys a protected class status in the US. Transphobia and racism, however, continues to be a sad reality. She continues, “While the American experience can be used here in India to do better a lot of things, the grass is certainly not greener on the other side.

Multiple marginalisation has diversifed communities in Indian and in a way led to building up a commune. The result is that you won’t see any homeless hijras here but in the US, homelessness among elderly transgenders is common.”For Vyjayanti who calls the Transgender Persons (Protection of Rights) Bill, 2016, “draconian and regressive”, opines that if there is something the world, including America, needs to borrow from India it is the NALSA verdict. “It is a landmark judgement because it recognises transgenders as third gender,” she signs off.

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