Padma Lakshmi, Kerala’s first transgender attorney, has taken a position against discrimination and stigmatization within the very rooms of righteousness she sought to defend, which has drawn the attention of both the legal community and the general public. She recently wrote a email to Kerala’s legislation minister in which she revealed the shocking transphobic abuse and gender-based isolation she had experienced at the hands of older attorneys, including two government attorneys present in court.
Kerala’s second trans attorney, Padma Lakshmi, speaks with Kritika Kalra of The Probe.
Lakshmi’s unsettling encounters are not isolated occurrences. Similar worries have been expressed by several transgender people working in various industries, highlighting a widespread problem of widespread workplace harassment and discrimination. Alarmingly, employers themselves engage in this abuse as well, which paints a worrying image of the difficulties the transgender community faces in professional settings.
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Lakshmi stock, emphasizing the verbal abuse from older attorneys that ruined her professional career, “Fasting transphobic slurs and being isolated by my contemporaries was a surprise to my belief in the justice system.”
Lakshmi discusses the breadth of her conflict, which started long before she became a lawyer, in her private account to The Probe. She claims that “I’ve been bullied and stalked since I was a young child.” However, it was both novel and extremely unsettling to experience such abuse inside the walls of a courthouse, which is meant to represent justice and equality. Her suffering extends to fights with government representatives in addition to relationships with other attorneys.
Kerala’s second trans attorney, Padma Lakshmi, is pictured here.
She says in amazement, “I was shocked at the level of workplace abuse that I faced, and that too inside the courtroom.” Her path to becoming a lawyer appears to have circled up to an old pattern of discrimination, albeit one that was practiced professionally. She did this because she wanted to get away from the bullying she experienced when she was younger and concentrate on her love of reading and the law.
Padma Lakshmi Draws Attention To Legal Errors That Protect Transgender People
Lakshmi reveals the serious flaws in the Transgender Persons (Protection of Rights) Act of 2019 in a critical analysis of the legal framework governing the rights of transgendered people in India. Despite the Act’s best efforts to protect the transgender group, what Lakshmi refers to as liberal penalties and bailable offenses cast doubt on its effectiveness.
Any person who harms or jeopardizes the safety, health, or well-being of a transgender person is subject to six-to two-year prison terms under Section 18 (d) of the Act, as well as fines. Lakshmi, but, contends that this is inappropriate. The mercy of the sentence for such egregious harassment or abuse, whether it be physical, sexual, or mental, is the main issue. She claims that it’s a bailable offense in India and that this is an important problem.
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“As it stands, the accused have no fear of the law.” We require more effective punishment. She contends that these offenses may be rendered non-bailable. Her criticism details on the fundamental bias in the legal system as well as the penalties themselves. “Discrimination is pervasive, even in the law.” People believe that only linear individuals can exist in this world. The Indian Penal Code (IPC) says absolutely nothing about trans people. She bemoans, “It’s like an overall identity is being removed from the legitimate books.”
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The reality on the ground is still very distinct, despite the introduction of Rule 11 in the Transgender People (Protection of Rights) Rules 2020, which mandates the creation of a Trans Protection Cell in each area as well as state-level cells.
Ankan Biswas, a lawyer at the Calcutta High Court and the Legal Services Authority’s primary transgender activist in West Bengal, has brought attention to the alarmingly high rate of harassment at work. According to Biswas, “When I started practicing in 2013, the level of abuse I faced in the lower jury was disturbing.” I was asked improper questions about my private life, and it was very strange how people regarded me in social situations. This is a prevalent problem that many of us have, not just mine.
Ankan Biswas, the Legal Services Authority’s second transgender activist in West Bengal, is shown here.
Biswas continues, “The rules talks about gripe redressal systems, but they exist only on report,” emphasizing the disconnect between legal procedures and their actual application. Some businesses haven’t already set them up. Biswas uses an incident involving a young partner at the Bar Council of West Bengal to illustrate this point. The government rejected my colleague’s request to have his title changed to reflect his current gender identity. This is overt discrimination. The Supreme Court has made it abundantly clear that people have the freedom to choose their own brand and sex. However, it shows the severity of the issue when a legal system like the Bar Council fails to defend this.
Dr. VS. Priya, Kerala’s first trans naturopathic physician, is overcoming obstacles and barriers.
We spoke with Dr. VS Priya, Kerala’s first trans Herbal physician, to get a view on the severity of prejudice. Dr. Priya, who was born Jinu Sasidharan in Thrissur, Kerala, recognized her genuine gender identity at a young age but was subjected to significant ridicule and prejudice, which led her to choose to have gender reassignment surgery.
Dr. Priya says, “Transitioning came with its own set of challenges,” as she thinks back on her views. Although I am unable to own children, I feel at ease. Transgender people experience difficulties from birth, mainly as a result of our nation’s lack of sex education and sex sensitization. This prejudice permeates every aspect of our lives, including the work. We are a weak group that is frequently the target of complaints and abuse because of our majority position. Our major issues are generally left unresolved. The only way forward for us is through independence.
Dr. VS. Priya, the second trans Herbal physician in Kerala, is pictured here with permission from Instagram.
Dr. Priya emphasizes the disconnect between constitutional provisions and their actual app as she goes into more detail about the plight of the transgender community. “As a transgender people, I am aware of the challenges my society faces.” She claims that although there are rules meant to help us, they are frequently not put into practice.
The Fight Against Workplace Discrimination by Transgender Teacher Jane Kaushik
A transgender girl and teacher named Jane Kaushik also described the upsetting experience of reportedly being forced to leave a private university in Uttar Pradesh. Jane claims that her identity was the only factor in her termination. Contrary to her assertions, the college attributes her termination to “incompetence.”
I received a job provide with the requirement that I never show my gender identity to staff members and students, Jane describes the terms of her career. I was asked to retire as soon as the main found out that some students had learned my identity. She questions the school’s justification, saying, “They later asserted that my stupidity was to blame.” But if I was deemed inept, why was I chosen in the first place?
Jane’s tale illuminates a more general problem that trans people are having with finding work. “We fight for fundamental rights like employment and education.” Employers frequently aren’t willing to hire transgender people, according to Jane. Despite her requirements, she kept getting turned down. “Upon learning of my transgender identity, yet schools that primarily chose me based on merit may deselect me.”
Jane’s path to career has been difficult, but she eventually found work. But in the past, I’ve been asked to keep my female identity a secret. Where do we go when we aren’t hired? According to our nation’s lack of female recognition and exposure programs, I’ve seen well-educated transgender people turn to menial jobs or even intercourse work.
The problem goes beyond the employment program procedure itself. Even though they have a Transgender Identity Certificate, many job applications don’t allow for the third gender option, so they frequently have to choose between identifying as male or female. As a result, their personality is revealed on their resumes, frequently leaving them waiting in vain for an interview visit.
Despite legal frameworks designed to safeguard transgender people’s rights, discrimination and harassment on a daily basis still exist, generally despite government intervention. Despite appearing to be progress, the American program is not actually put into practice. Despite being a historic piece of legislation, the Transgender Persons (Protection of Rights) Act of 2019 is not well-executed. Transgender people are still navigating a maze of institutional indifference and cultural prejudice. The workplace, where one seeks professional advancement and economical stability, frequently turns into a battle for their fundamental decency and acceptance.
This prejudice goes beyond overt acts of animosity or rejection. It is also clear in more subdued ways, such as preconceptions in hiring practices, a lack of supportive workplace policies, and the lack of facilities that are gender-inclusive. The mandated gripe redressal systems and security cells are frequently ineffective or nonexistent. The trans person’s straight to a secure and equal workplace is thus silently and continuously eroded.
Photo kindness: Jane Kaushik, a transgender woman and professor from Delhi.
Although crucial, the government’s role in this situation is mostly silent. There are gaps and lawful gray areas due to the lack of extensive anti-discrimination laws that explicitly address gender identity. Additionally, ignorance and prejudice are maintained by the absence of government-led exposure plans for both employers and employees.
Jane emphasizes the significance of increased awareness and depiction of transgender people in various specialized settings in order to tackle the pervasive problem of workplace harassment. She goes on to say that adding more transgender people to the workplace you promote an accepting and understanding culture. According to Jane, this increased existence can dispel prejudices and prejudices, enabling coworkers to see beyond gender norms to the common human experience. She continues, emphasizing the transformational power of participation in transforming work perceptions and attitudes, “Borders are broken and compassion is built through regular interactions and shared work experience.”
