Trans activists celebrate legal advances in India, Pakistan

Trans activists in India and Pakistan are marking two significant legal milestones in their respective countries.

On November 12, Akkai Padmashali, a notable Indian trans activist, made history by securing a passport for her 5-year-old child, Avin, without the requirement of a father’s name. As a trans woman and single mother, she established a groundbreaking precedent not just for the trans community but for all women in India who are raising children on their own.

Padmashali is recognised as one of India’s leading trans activists, having made headlines in 2019 as the first trans woman in the country to officially adopt a child. A year earlier, she had also achieved a historic milestone in Karnataka by becoming the first trans woman in the state to register her marriage to her husband, Vasudev V.

Upon adopting Avin, Padmashali shared her happiness with the media, reflecting on her lifelong dream of motherhood.

“It has been my dream and desire,” said Padmashali in 2019. “Our families have accepted the baby. It’s heart-warming to see the little one playing on my mother’s lap. I just hope that he does not face any kind of discrimination and social stigma when he grows up.”

In 2019, the same year Avin was born, the parliament introduced the Transgender Persons (Protection of Rights) Act.

This legislation aims to protect the rights of trans individuals and enhance their well-being. It includes provisions for issuing identity certificates, safeguarding against discrimination in various areas such as education, employment, and healthcare, and establishing welfare programs. Additionally, the law addresses forms of abuse including physical, sexual, verbal, emotional, and economic, offering protective measures, rehabilitation programs, and appointing complaint officers to process grievances while outlining penalties for offences against trans individuals.

On December 23, 2016, the Narendra Modi-led government revised the passport policy to accommodate single parents and others who may not wish to include a father’s name in their applications. This change was part of broader efforts to simplify and modernise the passport process in India. Notably, the revised application form allows individuals to list either a mother’s name, father’s name, or legal guardian’s name, rather than mandating both parents’ names, benefiting single mothers, orphans, and children cared for by guardians.

During an interview with the ‘Washington Blade’, Padmashali noted that this issue impacts a wider demographic beyond the trans community.

“This is not a question of the community—maybe a single mother, a single parent, most of the women across the world,” she said.

“People are struggling with the identity crisis,” Padmashali added. “In a system of majoritarian, there are so many people who are in the process of questioning the notion of marriage, questioning the notion of civil relationships or partnerships. Especially in my case, born a male, transformed into a female, and challenged the notion of patriarchal institutions in that way. I claim myself as a woman and also adopting a child, getting the child every document from the government is a big challenge. Especially in the state of Karnataka, I did not find it challenging — very supportive officers, a very supportive government, and a very supportive environment.”

Padmashali expressed her satisfaction with the seamless process of obtaining a passport for her child, labelling it as completely hassle-free.

“I think the passport authority of this country is very sensitive. The passport gives a certain amount of recognition, especially for the transgender community,” said Padmashali. “Many transgender women have also adopted children, but [are] struggling with lots of identity crises.”

“In my case, it was a completely different scenario, I got my passport as a female, and Avin’s also getting the passport without naming the father, I think it’s a national issue,” she added. “From the transgender person’s point of view, I am happy that my Supreme Court has recognized the community and the parliament has recognized the Transgender Protection Act. India is in process of progressing, I would say.”

On November 13, authorities in Pakistan’s Sindh province, the country’s third-largest by area and its second most populous, approved the first-ever Transgender Education Policy.

This policy introduces a distinct category for trans children on admission forms for schools and colleges, alongside the existing male and female options.

The approval meeting was chaired by Sindh Education Minister Syed Sardar Ali Shah. According to a press release, the policy will now be presented to the provincial Cabinet for final endorsement.

The proposed policy aims to eliminate discrimination by ensuring educational access for trans children and establishing job quotas for transgender individuals in the recruitment of teachers.

The Sindh government indicated that trans activists and advocates played a vital role in developing this policy.

Shah pointed out the considerable challenges that the trans community faces in accessing education, such as bias, mistreatment, and exclusion. He noted that financial barriers and limited employment opportunities often render education unaffordable, and the fear of harassment in educational settings further discourages transgender individuals from pursuing education. Shah also stressed that the policy aims to protect the identity, safety, and educational needs of trans individuals.

The policy also includes provisions for training teachers to better understand the psychological and educational challenges faced by trans children. Furthermore, it aspires to enhance skills among trans people and create a harassment-free environment in educational institutions. The overarching goal is to increase public awareness of the necessity for equal opportunities and rights for trans individuals.

Anusha Tahir Butt, chair of the Transgender Empowerment Organization, described the initial approval of the Transgender Education Policy as a meaningful step toward greater inclusion and equality for trans individuals.

This policy recognises the difficulties that transgender individuals encounter in accessing education and employment, aiming to provide them with dedicated spaces in schools, colleges, and government jobs. It is seen as a crucial effort to dismantle societal barriers of discrimination, harassment, and exclusion often faced by transgender individuals.

By incorporating separate categories for transgender children on admission forms and implementing job quotas, Sindh is working toward creating a more supportive and equitable environment. The policy also emphasizes teacher training, anti-harassment measures, and skill development programs, all of which are designed to empower transgender individuals to lead independent and fulfilling lives. This serves as a strong example of how policy initiatives can foster social change and promote a more inclusive society in Pakistan.

Butt acknowledged that societal stigma and prejudice against the LGBTQ+ community remain deeply rooted in Pakistan, especially in conservative regions.

She highlighted that discrimination and harassment within educational institutions could discourage transgender and LGBTQ+ students from pursuing their education, despite the policy's anti-harassment measures. Additionally, effective implementation may face challenges due to limited resources, infrastructure, and political will, particularly in rural areas. Bureaucratic delays and the lack of broader legal protections for LGBTQ+ rights might also hinder the progress of these initiatives.