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Paper Code: AIJACLAV20RP2024
Category: Research Paper
Date of Submission for First Review: Nov 16, 2024
Date of Publication: December 21, 2024
Citation: Dr. Kasturi Gakul & Mr. Nihal Chhetri, “Intersectionality of Health Inequalities in Transgender Community: A Case Study of Differently Abled Transgender Persons in India", 4, AIJACLA, 221, 221-233 (2024), <https://www.aequivic.in/post/intersectionality-of-health-inequalities-in-transgender-community-a-case-study-of-differently-abled>
Author Details: Dr. Kasturi Gakul, Assistant Professor of Law, National Law University and Judicial Academy, Assam &
Mr. Nihal Chhetri, Ph.D. Research Scholar and Teaching Assistant, National Law University and Judicial Academy, Assam
Abstract
Transgender Persons have been fighting for social acceptance since time immemorial. There have been pathbreaking developments for the welfare of transgender persons, but are we addressing the elephant in the room? Irrespective of various legal developments, the community has not been able to get the rights that they deserve. The issue with transgender community is so prevalent that we often forget to address the issue of intersectionality that exists in the community. A transgender person from the upper strata of the society will be able to access all the required healthcare facilities, but can something on similar lines be accessed by a transgender person living in a village, who belongs to the lower strata of the society? Disability is one of the major issues that need to be addressed about a transgender person. Disabled transgender person due to their disability are not able to make decisions for themselves, they suffer from an issue called body dysmorphia that makes them hate the body they are in and because of their disability, they are not able to go ahead and undergo a body transformation that a transgender person without disability can. The trauma of being trapped in the wrong body and not being able to do anything about it adds up to the anxiety and mental trauma that they are already going through. Thus, this paper will explore and dive deep into the issues of transgender persons with disability and the factors that are acting as a barrier between them and the healthcare they deserve.
Keywords: Disability, Healthcare, Intersectionality, Transgender Persons.
Paper Code: AIJACLAV20RP2024
INTRODUCTION
The Indian society and the societal norms that it has created for individuals make it very challenging to live as someone who identifies as a member of the LGBTQIA++ community. The country has seen a lot of developments in terms of the rights provided to individuals belonging to these communities. Decriminalizing Section 377[1], providing the category “other” to transgender individuals[2], providing adoption rights to transgender individuals[3] and coming up with a comprehensive piece of legislation to address the issues that surround a transgender individual[4]. The right to health happens to be one such right that the legislation for transgender persons has provided[5]. While the laws and policies are centred around the idea of uplifting the community, it has completely forgotten to address the issue of intersectionality that exists in the community. The central idea of this paper will surround itself with the concept of transgender persons who are differently abled. There have been various developments for the upliftment of differently-abled persons but have those been inclusive of the LGBTQIA++ community who are differently abled and whose choice and voice are always silenced because they are differently abled? Transgender individuals with a disability are three times more likely to have unmet health issues in comparison to a disabled cis-gendered person.[6] The economic hardships, mental health-related issues, and mistreatment by healthcare professionals are higher for transgender persons with disability in comparison to cis-gendered persons with disability.[7] Most transgender individuals are also denied gender-affirmative surgery because they are differently abled.[8] A transgender person is already going through a lot of mental traumas because of the feeling they have of being trapped in the wrong body, which is known as gender dysphoria, and the status of being differently abled tops it off. A transgender person who is differently abled is generally denied sex reassignment surgery because the doctors believe that they can’t endure the pain and suffering that comes after the surgery because they are differently abled. This paper will dive deep into the issues that restrict a differently abled transgender person from the right to health that they deserve and should be provided. The paper explores the theories associated with intersectionality at the beginning of the paper and dives into the various international and national legal frameworks in order to address the issue of transgender persons with a disability. The paper further throws light on the experiences of transgender persons with disability in various medical setups how they were questioned about whether choosing to undergo a sex reassignment surgery is a bad decision and how they will not be able to endure the pain associated with that. Towards the end, the authors have tried to put in valuable suggestions to make the healthcare system more accessible and affordable to persons with disability who also identify as transgender person.
THEORETICAL FRAMEWORK
The term intersectionality was coined by “Kimberlé Crenshaw”, who happens to be a professor at the University of California and Columbia. The term intersectionality has been defined in the Oxford Dictionary as “the network of connections between social categories such as race, class, and gender especially when this may result in additional disadvantage or discrimination”. To understand the concept further we can take an example, the experiences of black women belonging to an upper strata of society in America will be completely different from those of black women belonging to a lower strata of American society. In other words, intersectionality is a tool that acknowledges the idea that every individual’s story of oppression and discrimination is different and we should consider everything that induces the oppression and discrimination. Factors such as gender, race, sexual orientation, class, and physical ability make the experience of every individual different in society.
Source: - womankind worldwide https://www.womankind.org.uk/intersectionality-101-what-is-it-and-why-is-it-important/ s
Suppose we shift our focus to individuals belonging to the LGBTQIA++ community. In that case, we will be able to see that these are people who can belong to a different diverse group along with being members of the community. The Indian scenario will be more diverse because these people will belong to other groups such as gender, caste, community, etc. The experiences of each individual are unique and can add up to the disadvantages or discrimination they already face. If we consider the access to healthcare of these sexual minorities, a transgender individual belonging to a Brahmin community and living in a big city will have access to the best healthcare facilities in comparison to a transgender individual belonging to a Dalit community and living in a remote area in India.
The Oxford Dictionary defines disability as “an impairment which can be Intellectual, limitations, cognitive, improvement, sensory, exercise or the mixture of all these. Incapacity impacts a person’s activities and may happen at birth. Sometimes, it could happen in adulthood” The preamble of CRDP defines disability as “Disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others”.[9] There is no universally accepted definition of the term transgender persons, for our understanding, transgender persons are persons who do not associate with the sex assigned at birth. There might be a lot of development relating to the upliftment of persons with disability and transgender persons but both these terms are not used together. Access to proper health care for people belonging to the transgender community is already a big hurdle, along with laws and policies for their welfare, we are forgetting to address the deep-rooted issue of intersectionality that exists in the community. The paper will consider the experiences of a transgender individual who is differently able and how the policies and welfare schemes are silent when it comes to issues addressing them.
CONCEPT ON TRANSGENDER PERSONS
The history of the existence of a transgender person in India is not very nicely discussed in the texts. Transgender persons were initially mentioned during the time of Ramayana when lord Rama was going to exile and all the males and females had to return to their respective places, a group of people neither identifying as male nor female waited till the time Lord Rama returned from his exile. Transgender persons have always been visible during the Mughal period, and Indian cinema has been very active in depicting them on the screen during the Mughal period. They are portrayed as caretakers of the queen's chambers and the ones who are constantly seen together with the queen. The condition of the transgender community started to worsen when India came under the clutches of the British Empire. They were considered people who dressed as women and were involved in the abduction of children and other illegal activities.[10] The British regime in India brought in various legislations that penalized a transgender person if found involved in certain activities such as men having sex with men etc.[11] India became an independent state and established a democratic form of government making rules, regulations, and policies under the binaries of males and Females. With time, the plight of transgender persons kept on increasing because of torture and unequal treatment from public authorities. The landmark NALSA judgment broke the long curse. It recognized transgender persons as the third gender and mentioned various classes of people that can be taken under the umbrella term ‘Transgender Persons’. The NALSA judgment has identified various classes of people that fall under the umbrella term ‘Transgender Persons’ such as: -
“Hijras: Hijras are biological males who reject their ‘masculine’ identity in due course of time to identify either as women, or “not-men”, or “in between man and woman”, or “neither man nor woman”. Hijras can be considered as the western equivalent of transgender/transsexual (male-to female) persons but Hijras have a long tradition/culture and have strong social ties formalized through a ritual called “reet” (becoming a member of Hijra community). There are regional variations in the use of terms referred to Hijras. For example, Kinnars (Delhi) and Aravanis (Tamil Nadu). Hijras may earn through their traditional work: ‘Badhai’ (clapping their hands and asking for alms), blessing new-born babies, or dancing in ceremonies. Some proportion of Hijras engage in sex work for lack of other job opportunities, while some may be selfemployed or work for non-governmental organisations.”[12]
“Eunuch: Eunuch refers to an emasculated male and intersexed to a person whose genitals are ambiguously male-like at birth, but this is discovered the child previously assigned to the male sex, would be recategorized as intesexexd as a Hijra”[13]
“Aravanis and ‘Thirunangi – Hijras in Tamil Nadu identify as “Aravani”. Tamil Nadu Aravanigal Welfare Board, a state government’s initiative under the Department of Social Welfare defines Aravanis as biological males who self-identify themselves as a woman trapped in a male’s body. Some Aravani activists want the public and media to use the term ‘Thirunangi’ to refer to Aravanis”.[14]
“Kothi – Kothis are a heterogeneous group, Kothis can be described as biological males who show varying degrees of ‘femininity’ – which may be situational. Some proportion of Kothis have bisexual behavior and get married to a woman. Kothis are generally of lower socioeconomic status and some engage in sex work for survival. Some proportion of Hijra-identified people may also identify themselves as ‘Kothis’. But not all Kothi identified people identify themselves as transgender or Hijras”.[15]
“Jogtas/Jogappas: Jogtas Jogtas or Jogappas are those persons who are dedicated to and serve as a servant of goddess Renukha Devi (Yellamma) whose temples are present in Maharashtra and Karnataka. ‘Jogta’ refers to male servant of that Goddess and ‘Jogti’ refers to female servant (who is also sometimes referred to as ‘Devadasi’). One can become a ‘Jogta’ (or Jogti) if it is part of their family tradition or if one finds a ‘Guru’ (or ‘Pujari’) who accepts him/her as a ‘Chela’ or ‘Shishya’ (disciple). Sometimes, the term ‘Jogti Hijras’ is used to denote those male-to-female transgender persons who are devotees/servants of Goddess Renukha Devi and who are also in the Hijra communities. This term is used to differentiate them from Jogtas who are heterosexuals and who may or may not dress in woman’s attire when they worship the Goddess. Also, that term differentiates them from Jogtis who are biological females dedicated to the Goddess. However, Jogti Hijras may refer to themselves as Jogti (female pronoun) or Hijras, and even sometimes as Jogtas”.[16]
“Shiv-Shakthis: are considered as males who are possessed by or particularly close to a goddess and who have feminine gender expression. Usually, Shiv-Shakthis are inducted into the Shiv-Shakti community by senior gurus, who teach them the norms, customs, and rituals to be observed by them. In a ceremony, Shiv-Shakthis are married to a sword that represents male power or Shiva (deity). Shiv-Shakthis thus become the bride of the sword. Occasionally, Shiv-Shakthis cross-dress and use accessories and ornaments that are generally/socially meant for women. Most people in this community belong to lower socioeconomic status and earn for their living as astrologers, soothsayers, and spiritual healers; some also seek alms”.[17]
The judgment has been very comprehensive in mentioning identities that can be taken under the bracket of the umbrella term. The only shortcoming of these definitions and identities would be that, it does not mention about various identities present in the north eastern part of the country. North eastern state like Manipur has a very big association for transgender persons with the name “All Manipuri Nupi Maanbi Association (AMaNA)”.
LEGAL REGIME CONCERNING THE RIGHT TO HEALTH OF DIFFERENTLY ABLED TRANSGENDER PERSONS
I. international legal regime
The international regime has been instrumental in uplifting and safeguarding the rights of individuals belonging to sexual minorities. This paper addresses the right to health therefore this section will consider the international legal regime about the right to health. The preamble of WHO’s constitution has defined the right to health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”.[18]The UDHR under Article 3 provides that every person is entitled to the freedoms enshrined in the declaration without any discrimination on the grounds of sex and other grounds as provided in the section.[19] Section 25 further provides that every person has the right to an appropriate standard of living that will supplement the individual and their family members for healthy well-being, including housing, food, clothing, necessary medical care, and social services.[20] The ICESCR[21] further provides for the right to health under section 12 by putting an obligation on the state parties to recognize the highest attainable standard of physical and mental health, furthermore, the convention puts an obligation to the state parties to create the condition to enable proper medical care in the event of sickness. The ICERD[22] calls upon the state parties under Article 5 to undertake measures to prohibit racial discrimination and further provides that state parties should take care of proper medical care without discrimination.
The major development under international law for the protection of persons with disability is the CRDP[23], The present convention (CRPD) has obligatory health requirements for the member states under Article 25 that demand the highest possible health standard devoid of discrimination on account of persons with disabilities. The state parties are urged to offer gender-sensitive and health-related rehabilitation measures as part of their healthcare strategy for disabled individuals. In particular, the need for equal quality and accessible healthcare services to any other person without any form of disability with regards to sexual and reproductive health, population-based services; providing services a person needs due to being disabled or preventing those disabilities from arising in newborns along with older people; these localities would be expected to provide these facilities so that they can be easily accessed; medical personnel must approach patients with sensitivity and observe their civil liberties; insurance, care and welfare should be made available without any form of discrimination.
The Yogyakarta Principles[24] have been a watershed movement in addressing the rights of sexual minorities. Experts prepared the document to clarify the applicability of international human rights law on sexual minorities and remove any ambiguity that exists in the law. The principles have been expressed as per the human rights instruments and have brought sexual minorities into the same ambit as other human beings. Principle 17 addresses the issue of the highest attainable standard of health based on sexual orientation and gender identity, furthermore, it adds that sexual and reproductive rights are fundamental aspects of these rights. State parties are under obligation to, Eradicate any kind of discrimination based on gender or sexual orientation and take all necessary legal, administrative and other actions to allow individuals attain the highest standard of health; Prevent any form of discrimination in regard to healthcare amenities, resources and other related services as well as medical files vis-à-vis sexual and reproductive health and that information should not be associated with gender bias; Make sure that health care facilities, goods and services cater for all persons without differentiation along the lines of sexual orientation or identity-based status in terms of improving their health statuses, taking into consideration their needs, treating their records, as well as regarding them as confidential; Come up with schemes to deal with such problems like prejudice, bias etc., which often affect gay people or those who identify themselves with a different gender; That person must never become involved in situations where he/she is forced to choose a partner; it is essential that decisions on such matters are made through informed consent. Ensure that all sexual and reproductive health, education, prevention, facilities, care, and treatment programs and services respect the diversity of sexual orientations and gender identities, and are equally available to all without discrimination; Enhance access by those requesting body modifications related to gender reassignment, to competent, non-discriminatory treatment, care, and support; Ensure that all health-service providers treat clients and their partners in a non-discriminatory manner about sexual orientation or gender identity, including about: To recognition of next of kin.
Additional principles for the application of human rights law on sexual minorities were adopted on 10th November 2019 and called Yogyakarta Principles +10[25], these principles were an extension of the principles of the previous Yogyakarta principles. Principle 17 is an extension of the previous principle on the highest attainable standard of health, the principle focuses on providing gender reaffirmation surgeries in public health units and if not available, reimbursing the cost incurred while undergoing the same.
II. national legal framework
If we draw our attention to the Constitution of India, we are taken towards the DPSP which is enshrined under Chapter IV of the Indian Constitution. Article 38 provides that the state shall promote the welfare of the people.[26] Article 39 (e) provides for the right to health but puts it under the binary of men and women, “that the health and strength of workers, men
and women and the tender age of children are not abused and that citizens are not forced by economic the necessity to enter avocations unsuited to their age or strength”.[27] Article 21 of the Indian Constitution does not expressly provide for the right to health as a fundamental right but has been elevated by the interpretation provided in various judgments of the Apex Court. The NALSA[28] judgment had opened the floodgates of rights to transgender persons. The judgment provided the status of third gender to transgender persons and also affirmed that all the fundamental rights provided under the Indian constitution are equally applicable to them, they were also allowed the right to self-determination. Transgender persons were included under the ambit of human beings and provided all the human rights enshrined under the UDHR.
The TPA Act, 2019 has been instrumental in addressing the issues of transgender persons. The Act under Section 2(k) defines transgender persons as “means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), a person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta”.[29] The Act provides for non-discrimination and requires under Section 3(d) the non-denial, discontinuation, and or unfair treatment in health services to transgender persons. Section 15[30] of the Act addresses the issues of healthcare and provides that the appropriate government shall take measures such as: -
(a) “to set up separate human immunodeficiency virus Sero-surveillance Centres to conduct Sero- surveillance for such persons by the guidelines issued by the National AIDS Control Organisation on this behalf ”
(b) “to provide for medical care facility including sex reassignment surgery and hormonal therapy”
(c) “before and after sex reassignment surgery and hormonal therapy counselling”
(d) “bring out a Health Manual related to sex reassignment surgery by the World Profession Association for Transgender Health guidelines”
(e) “Review of medical curriculum and research for doctors to address their specific health issues”
(f) “to facilitate access to transgender persons in hospitals and other healthcare institutions and centres”
(g) “provision for coverage of medical expenses by a comprehensive insurance scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender persons”.
The international and national legal regimes have been quite instrumental in addressing the issues and providing rights to transgender persons but have these legal regimes been able to address the issue of intersectionality that is deeply rooted in the community? the supporters of the intersectionality theory have always voiced their opinions about the idea of how laws and policies have not been able to address the issue of intersectionality that exists in the community.[31] The Ministry of Social Empowerment and Justice is the body that looks after the matters of law and policy concerning LGBTQIA and differently-abled individuals but the laws and policies are not intersecting with each other even though the matter is being dealt by the same body. India has made a lot of progress with respect to making laws and policies for transgender persons and differently-abled people, but nothing is bringing both into the same ambit. The biggest shortcoming has been felt with regard to healthcare. It becomes very difficult when the person is transgender and also disabled.
TRANSGENDER PERSONS LIVING WITH A DISABILITY AND THEIR EXPERIENCES
In India being queer is seen as something socially unacceptable, it brings shame to the individual and also their families. Imagine being a transgender person and having to live with a disability. Here are some experiences that people have shared about the same.
Kiran Nayan[32] (he/him) hails from a tribal agricultural background in rural India. Kiran’s mobility was impaired due to polio during early childhood and is a wheelchair user. Kiran was born with female organs and at the age of 31, Kiran wanted to undergo a sex reassignment surgery. The medical staff who should have been supportive of Kiran’s decision asked him that living with a disability is already a challenge and that having a sex reassignment surgery will only add to the pain that he is already living with.
Rima[33] (She/her) is a transwoman, suffering from schizophrenia and is on drugs that are used to control and cure the ailment. Rima is an amputee below the knee and has two fingers from her right hand missing. Rima shares her experience of visiting a doctor and talking about her gender identity. The doctors often talk to her parents and state that because of schizophrenia she is having such thoughts.
The Karnataka Vikalachetanara Sanghatane and Society for Transmen Action and Group Rights (STAR) are two organizations run by Kiran Nayan.[34] After extensive research organization could identify 17 people with disability who identified as transgender person.[35] The number can be significantly high because of the challenges it entails for coming out to society as a transgender. Many transgender persons are also living in shelter homes that cater to the needs of persons with disability, those people are fearful of coming out because all the benefits that they are reaping might be snatched away and people who are in charge of taking care of people at that home might ridicule them and see them differently than others.[36]
Living in Indian society as a transgender person or any person belonging to the LGBTQIA community is already a big hurdle furthermore, being differently abled only adds up to the mysteries that an individual is already going through. Differently abled people are always looked at through the lens of pity but can also have certain feelings about living their lives a certain way, which we as people need to understand and address. The medical fraternity is required to be mindful of not questioning the choices of differently abled transgender persons and providing them with all the required assistance.
CONCLUSION AND SUGGESTIONS
The number of challenges a person from the LGBTQIA community has to overcome to live in a society where there is no social acceptance is a big hurdle to cross. The people from the community can have another set of challenges such as caste, community, religion, and the place they belong. Disability is also one of the challenges that the people of the community face. Since the paper addresses the issue of intersectionality that exists in the transgender community let's shift the focus to transgender persons living with disability. Disability is already a big challenge on its own, to be living as someone who you think you are not is another challenge added. Persons with a disability when come out and share that they are trans and they cannot live like this, people especially the medical community ridicule them by asking unnecessary questions and questioning their choices. Being disabled is already a big challenge but imagine people being denied the medical assistance they sought, which is a right provided to them is a sad reality for transgender individuals living with disability. The number of developments that have happened for the inclusion and upliftment of transgender and differently-abled persons is tremendous but these developments have not been in synch with each other. The welfare schemes should be able to address the issues and bring an intersection between the two so that their choices are also respected. The census survey that happens in India also has to be mindful of the intersectionality that exists in the community, the census survey has prepared a list of differently able people only under the bracket of male and female. Are we disregarding the NALSA judgment that has added a third gender as the other gender? When the apex court has provided the same, people on the ground level should be mindful to include the third gender in all the official documents and surveys the state conducts. The same ministry i.e., the Ministry of Social Empowerment and Justice is responsible for looking at welfare measures for transgender persons and persons with disability. The policies made by the ministry for the welfare of transgender persons and persons with disability must also intersect with each other to address the rights of transgender persons who are also disabled. The barrier that persons with disability face is infrastructural because not all hospitals are disabled-friendly and there should be a scheme via which all the government hospitals should be made disabled-friendly and should be made accessible for persons with disability in general. When the issue of infrastructure is being discussed the infrastructure has to be transgender persons friendly as well, for example, building wards for transgender persons separately. The medical fraternity should be provided with proper training on how to handle and care for people with special needs, such as a disabled person and transgender individuals. Many times, transgender persons with disability are seen living closeted because of the benefits that they are reaping such as being placed in a care shelter that cares for disabled persons and being scared of coming out because they feel they might not be given the benefits and also how the behaviour of the caretaker might change towards them.[37] People should be empowered enough to feel that they will be cared for irrespective of their gender and preferences and the caretakers of such homes also be given sensitization training on these matters. Gender affirmation surgery or gender transition surgery is not a very cheap thing that every other person can afford. The amount of expenses involved in the transition journey is very hefty. A person who is born with a disability has a lot of expenses in terms of daily life and medicine and therefore thinking about undergoing a sex reassignment surgery might not be possible for them. The mental agony that adds up because of the inability to choose for themselves is there therefore, the government should look into the matter of implementation of the rules provided in the NALSA judgment about making healthcare affordable and accessible to the transgender community. The people in the government sectors, medical students, medical professionals, lawyers, etc, should be given some sensitization training because everyone might not know or have knowledge about the LGBTQIA++ community or transgender person in general. People are very well aware of a trans woman i.e. a biological man who transitions into a woman. Still, there are trans men i.e. a biological woman who transitions into a man which is rare and people might not be aware of them. While making policies and welfare schemes these people can be mindful about being inclusive to all persons belonging to the community. The issue of intersectionality that exists in each community is like a new form of caste system that is unsaid and unheard. The policymakers have to be mindful of including transgender persons who are born living with a disability and make it inclusive. While doing research for this paper the available literature was minimal therefore, there should be more research and study that is funded by an appropriate forum. Transgender persons are already fighting for social acceptance and the ones with disability have other issues along with the struggle of accepting themselves and living with a disability, such issues should be addressed and brought to light. Other basic things that can be done is referring the person with the pronouns they desire to be referred to as. Listening to the person and being considerate of the fact that, they are heard and understood. Just because one person is disable and also identifies as a transgender person does not mean that they don’t have desires to be in the type of body they think they belong. One of the other issues that needs to be addressed is providing a forum for transgender persons to come and speak about their issues and how they are dealing with the same because transgender persons are not very much willing to talk to a cis-gender person and share their issues and problems. The mental health of a transgender person with disability might be in a very devastated position, there should be appropriate steps to provide mental health support to those individuals. The process of documentation change can also be very taxing for someone with disability, the procedure should be tilted a little in order to make it accessible for transgender persons with disability. The legal protection provided to a transgender person with disability should be two-fold, covering both identity and disability. The appropriate government should take necessary steps to integrate transgender persons in the society and make them feel a part of it.
[1] Navtej Singh Johar v. Union of India WP No. 7 of 2016.
[2] National Legal Services Authority of India v. Union of India & others WP No. 604 0f 2013.
[3] Supriyo v. Union of India WP No. 1011/2023.
[4] The Transgender Persons (Protection of Rights) Act, 2019.
[5] ibid, Section 15.
[6] Mulcahy and others‘Gender Identity, Disability, and Unmet Healthcare Needs among Disabled Community living in the United States (2022) IJPREH https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8909748/ accessed 7 November 2024.
[7] ibid.
[8] ibid.
[9] Convention on Rights of Persons with Disability, (Adopted 12 December 2006 entered into force 1 July 2003, UNGA Res A/RES/61/10) (CRPD)
[10] Catherine Armstrong, ‘The Trans History You Weren’t Taught in Schools’, Yes Magazine, June 7, 2021 <https://www.yesmagazine.org/social-justice/2021/06/07/trans-history-gender-diversity> accessed 07 November 2024.
[11] ibid.
[12] ibid (n-2) [44].
[13] ibid.
[14] ibid.
[15] ibid.
[16] ibid.
[17] ibid.
[18] WHO Constitution 1946.
[19] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A (III) (UDHR)
[20] ibid, Section 25.
[21] International Covenant on Economic, Social and Cultural Rights (Adopted 16 December 1966, entered into force 3 January 1967) 993 UNTS 3 (ICESCR).
[22] International Covenant on Economic, Social and Cultural Rights (Adopted 16 December 1966, entered into force 3 January 1967) 993 UNTS 3 (ICESCR).
[23] ibid (n11).
[24] The Yogyakarta Principles, 2006.
[25] The Yogyakarta Principles +10, 2016.
[26] Constitution of India 1950, art 38.
[27] ibid, art 39.
[28] Ibid (n 4).
[29] The Transgender Persons (Protection of) Rights Act 2019, section 2(k).
[30] ibid (n 23), section 15.
[31] Kimberle Crenshaw, ‘Mapping the Margins: Intersectionality Identity Politics, and Violence Against Women of Color’ (1991) CLR< https://www.jstor.org/stable/1229039 > accessed 7 November 2024.
[32] Flavia Lopes, ‘Trans Persons with disabilities lack enabling social systems and healthcare support’, Behan Box, June 2, 2022, < https://behanbox.com/2022/06/02/trans-persons-with-disabilities-lack-enabling-social-systems-and-healthcare-support/> accessed 7 November 2024.
[33] ibid.
[34] ibid.
[35] ibid.
[36] ibid.
[37] Lopes (n 26)ualities in Transgender Community: A Case Study of Differently Abled Transgender Persons in India