Myths, Margins, and Markets: Transgender Rights and Inclusion in the Indian Workforce

  • Aanshi Dagli
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  • Aanshi Dagli

    Student at Institute of Law, Nirma University, Gujarat, India

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Abstract

Ardhanarishvara, a unique and compelling representation in Hindu mythology, embodies the fusion of divine masculine and feminine energies through the amalgamation of Shiva and Parvati. This depiction transcends traditional gender binaries, symbolizing a state of divine gender fluidity and challenging the conventional hierarchies associated with gender. Despite this ancient cultural symbol of gender fluidity, the reality for transgender individuals in modern India is starkly different. Approximately 78% of transgender people in India do not disclose their identity due to fear of discrimination, particularly in the workplace . Only about 6% of transgender individuals are formally employed, with many being forced into sex work and domestic labor due to limited opportunities and pervasive social stigma Policy measures for the transgender community in India have historically been limited due to the absence of legal recognition of a third gender. Only in 1994 did India’s election commission allowed for the first time to exercise their franchise by including a third category called E (Eunuch). Moreover, the implementation of the Transgender Persons (Protection of Rights) Act, 2019, marks a significant step towards inclusion. Due to this act, transgender individuals have been recognized as the top beneficiaries of the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) scheme. In conclusion, the juxtaposition of the revered symbol of Ardhanarishvara with the current socio-economic challenges faced by transgender individuals in India underscores a complex dynamic. The Transgender Persons (Protection of Rights) Act, 2019, and its provisions are a positive step, yet there remains a need for comprehensive policies and societal change to bridge the gap between ancient ideals and contemporary realities

Keywords

  • Gender diversity
  • Transgender rights
  • Indian workplace
  • Ardhanarishvara
  • Legal reforms
  • Social exclusion

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 4265 - 4275

DOI: https://doij.org/10.10000/IJLMH.1110325

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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