Why are transgender individuals not allowed into the Indian armed forces?

In recent days Indian Navy sailor Sabi Giri and Beed constable Lalita Salve have brought the spotlight on a faintly discussed but important issue in India that of having transgender personnel in the armed forces and in law enforcement Only 18 countries in the world allow transgender people to serve in the armed forces ndash India doesnt While there isnt conclusive data on how many do so for law enforcement agencies several states in the US and closer home Tamil Nadu have allowed them This week midday explores the status and struggles of transgender recruits in uniformIndias hit and missIn 2014 transgender people were officially recognised and guaranteed constitutional rights by the Supreme Court in the landmark National Legal Services Authority NALSA judgement Later on the Transgender Persons Protection of Rights bill was introduced which will be reintroduced in the Parliament this winter session However the Bill has been condemned by the community and activists who have found glaring loopholes in it with regard to its very definition of transgender persons and what may or may not constitute as discrimination against themThey support trans troops tooIsrael Sweden Denmark Norway Czech Republic France Germany Estonia Finland Belgium Austria Spain BoliviaLets go back to the mughal eraWhile the history of the third gender can be traced all the way back to the Vedic period the community was at its most powerful during the Mughal era At the time they were employed in several important positions as guards of harems and even as aides to the royals They were considered clever trustworthy and fiercely loyal and had free access to all spaces and the population However this situation tragically changed after the British came in The colonisers were reportedly repulsed by the sight of the trans people and could not understand why they were given so much respect in courts The Brits later labelled them as a criminal tribe and denied civil rights to the communitySource Historical Evolution of Transgender Community in India by M MichelrajMaking a case for inclusionLalita SalveOver the past fortnight midday has extensively covered the Beed constables journey to seeking a nod to undergo sex reassignment surgery SRS in order to transition into a man Salve known as a cop who busts eveteasers also wants to be reinstated in the force after the surgerySabi GiriBorn Manish Kumar Giri the Indian Navy sailor made headlines in October upon being sacked from her job after she transitioned into a woman Giri was removed from the Navy since women are not allowed to serve in the force in combat roles Before being discharged she was subjected to humiliating psychiatric treatment She now plans to take her case to the Armed Forces TribunalK Prithika YashiniShe made history earlier this year by being appointed as Indias first transgender police personnel in Dharampuri police station in Tamil Nadu This victory for the subinspector came about after the Madras High Court ruled in her favour and asked the Tamil Nadu Uniformed Services Recruitment Board to recruit her and other transgender individuals in the police forceWhy arent transgender personnel allowed to serve in the Indian forcesDr PK Jain former ADGPPresently I dont think there is a category as such in the Maharashtra police department for transgender persons The police recruitments are done on specific and traditional methods already in place Lalita Salves case is a completely different one from transgender recruitment She has already been recruited as a woman police constable and hence such cases are dealt with the available recruitment process and rules that are amended when a case arises ndash Asif RizviWhat does the Indian law say about inducting transgender troopsRizwan Merchant lawyerThere is no specific prohibition by law But when you fill the form for civil services there are just two options ndash male and female There is no third category which is a deemed provision But if anyone is rejected on the basis of being transgender then it is a violation of Article 15 of the Constitution ndash Sailee DhayalkarAre arguments against gender dysphoria validDr Sagar Mundada psychiatristGender dysphoria is a process where a person is not able to identify with hisher gender since a very long time The person cannot be labelled as unsound because it gender is a personal choice After psychiatric evaluation if such a person is not diagnosed with any mental illness then they shouldnt be discriminated against They are as healthy as any other person ndash Rupsa ChakrabortyNeed genderneutral policesHarish Iyer equal rights activistWe need to come to a stage of gender neutrality Every workforce has to realise that it is the body that does the work not the gender This is about developing a mindset backed by a framework of policies that stress on the gender neutral The Lalita Salve case is a good wakeup callShaman rights activist assigned female at birth transitioned to maleWe are still awaiting the Transgender Persons Protection of Rights Bill Till then things are very grey and in limbo when it comes to policies in government workplaces about transgender personsWe need more clarity in policySridhar Rangayan filmmaker and director ofLGBT film festival KashishThe Lalita Salve case has parallels in certain cases involving athletes I can empathise with both the constable and the police force as rules and regulations are still not crystal clear When they are then the gatekeepers do not know how to implement then This is such a complicated process but in the end only a nondiscriminatory attitude can help ndash Hemal AsharArguments against and for the inclusion of trans troopsThe most common argument raised against having transgender people in the forces is that of gender dysphoria While the condition was earlier considered to be a mental illness its definition was changed later on and it is now classified by the American Psychiatric Association as a general descriptive term referring to an individuals discontent with the assigned gender It is more specifically defined when used as a diagnosis The 18 countries that do allow transgender personnel to serve are testament to all the arguments against their inclusion None of the points deeming them unfit for service are known to have affected these forcesTransgender people are also deemed unfit for service a lot of times because of the possible complications that may occur through the hormonal therapy they undergo for their transition These might involve depression and in some cases the possibility of a lifethreatening disease In addition to this a lot of them face discrimination within the forces after transitioning which people feel can affect the unity of the force Several studies have disputed claims that transgender people are unfit for service because they are predisposed to suffering from depression or other illnesses Bearing the medical costs for these personnel eg for hormone therapy is also an oftused argument to not have them in the forces However militaries have been known to pay for a variety of hormonal treatments for other service personnel so that does not hold water eitherCatch up on all the latest Mumbai National and International news here