Many studies, such as those on the “pink economy”, have focused on the impact of not including transgenders in the economy. However, this article examines its impact on transgender individuals. It argues for a framework to guide all workplaces to have a more trans-inclusive environment. This article is set in the backdrop of transgender persons not having safe housing or sustainable employment. The principle here is that with a framework in place, it will make more workplaces inclusive, hence empowering transgender persons to seek employment and escape abusive homes.
1. Background
A study by the National Human Rights Commission found that only 2% of transgender persons live with their parents in India. The rest 98% are forced to leave their homes in hopes of finding a residence which can keep them safe and secure. In this pursuit, they flee to shelter homes or “garima grehs”. These homes are constituted under the Ministry of Social Justice and act as rehabilitation centres for transgender persons. However, there are only 12 centres across 9 states in India. Being highly inaccessible, these centres have not been positively impactful to many transgender persons. Even in these grehs, transgender persons are in conflict with law enforcement. There have been many cases of police and parents dragging them outside these homes in order to make them forcefully live with their parents. Not only does this go against their constitutional right of choosing whom they want to live with as adults, but puts a lot of strain on these grehs to help 4.8 lakh transgenders in India. This unrealistic expectation on unequipped garima grehs makes it a matter of urgency to make workspaces more equitable and inclusive for transgenders. Having a job will financially enable transgender persons to leave their abusive homes and not depend on government institutions, such as garima grehs, for a secure environment.
Currently, out of the 4.8 lakh transgender persons in India, only 6% are formally employed. This is complemented by another 5% engaging in sex work to make their ends meet. This is an alarming statistic, especially since in 2019, the government passed the Transgender (Protection of Rights) Act. Section 8(2) of the Act mandates the Government to make welfare schemes for transgender persons, and is complemented by Section 9 which obliges private establishments to comply with the above-mentioned provision. However, as reported in the NHRC findings, around 89% of transgender persons are denied jobs, despite being qualified, because of their transgender identity. Having no formal job forces transgenders to resort to jobs such as begging and sex work in order to make their ends meet. For instance, in Delhi and Uttar Pradesh, most of the transgender persons earn in the informal sector through singing, dancing, begging and sex work. It was shocking to note that none of them had government employment. The study also showed that only 1% of the transgenders in Delhi and Uttar Pradesh earned more than 25000 INR monthly, while the majority earning below 15000 INR. Their opportunities for employment are drastically reduced by the social exclusion they face.
In light of the need for transgender persons to have a safe home and stable employment, private workspaces need to be more inclusive and accommodating for them.
2. Need for Private Workspaces to have Regulations about a Trans-Inclusive Environment
The UN Human Rights Office documented a report in 2017 on how corporate workspaces, in India, can be more inclusive to transgender persons. Furthermore, in 2021, the United Nations Development Programme recommended the creation of a safe and discrimination-free trans-inclusive working environment through anti-discrimination policies, reservations in hiring and promoting and inclusion of transgender persons in corporate social responsibility projects. Some companies have taken the lead on having a more trans-inclusive workspace. For instance, Tata Steel has made it public that they will be hiring 50 transgender persons in order to be more inclusive. Furthermore, companies are offering a higher stipend on skill development programmes to financially enable transgenders to undergo hormone-replacement therapies or afford any other medical assistance they may need. While more companies aim to be trans-inclusive, private workspaces have no regulations for this.
As reported by the World Bank, generational stigma and patriarchal stereotypes have constrained labour supply and led to an unsustainable work-culture for transgender individuals. While some companies have adapted inclusive policies, a framework codifying their obligations will prove more fruitful to transgender persons.
Firstly, having a framework will take the burden off a few private giants and will impose an equal obligation on all companies. This will also provide transgender persons more opportunities since the locations of many MNCs is not accessible to rural transgender persons in India. With the last census conducted in 2011, it was worth noting that in 2015, around 70,000 of India’s transgender population lives in rural areas. They would not be able to relocate to urban areas or cities because of a multitude of reasons stemming from familial abuse to cultural restrictions. Accommodating for their inclusivity in a workspace that is closer to them will allow them to become financially independent, so that they are equipped to leave their abusive homes and cultures.
A more collective effort will allow for transgender persons to have more options depending on their education and skills too. For instance, it is worth noting that only 56% of India’s transgender persons are literate. Firstly, despite being educated, around 89% of transgender persons are denied employment. Secondly, there is another staggering 44% of India’s transgender populations that does not have the traditionally-required skills to join a company. Having regulations will mandate companies, regardless of their size, to invest into transgender’s education and skill-development through CSR and other engagements with the community.
Next, it will demand accountability from workplaces. For instance, in 2023, Xiaomi India announced that they are collaborating with United Way India to conduct skill development programmes for transgender persons across India. By equipping them with the know-how of devices such as laptops and smartphones, the collaboration aimed to increase their employability and make it more sustainable. While acknowledging their commitment towards uplifting the transgender community, it is worth noting that there is no publicly-available documentation of their progress since a year. In such scenarios, a regulatory framework will mandate these companies to be more transparent and accountable, hence allowing for transgender persons to actually benefit from these programmes. Lastly, this framework will set acceptable standards for workplaces in implementing a trans-inclusive environment. This includes breaking norms about dress codes, reasonable accommodation for a transgender’s person needs and so on.
3. Suggestions for a gender-neutral legislative framework and conclusion
The framework to mandate workspaces to be more trans-inclusive must be robust and comprehensive in order to maximise the opportunities for transgender persons. Firstly, it must be seen with an aim to empower transgender persons, and all actions taken must be in tandem with financially and educationally equipping them. Hence, the workplace’s responsibilities must not end at hiring, but must also encompass skill-development, assistance for personal growth, and so on. Next, the framework must make sure that all workplaces are transparent with their efforts taken to be more trans-inclusive. This can be in the form of annual reporting or auditing of CSR. Having these reports made public can also benefit research into this area. Moreover, it will encourage workplaces to act on their promises and work in the best interests of transgender persons.
Furthermore, it will ensure that all workplaces have equitable policies for transgender persons in relation to hiring, promotions, anti-discrimination and anti-harassment. It can also call for the setting up of an ad-hoc quasi-judicial authority, like in PoSH, to look into such complaints and resolve them speedily. Lastly, the framework should mandate workplaces to have regular training and awareness sessions on topics such as unconscious bias and repercussions of harassing or humiliating a transgender person at the workplace. By involving various stakeholders in these sessions, workplaces will be more friendly and accommodating to transgender persons.
The systemic changes, brought about by this framework, will ensure that transgender persons have a sustainable and equitable workplace so that they can financially enable themselves to leave their abusive homes. While changing people’s mindsets towards them can be particularly lengthy, these speedy changes will allow them to smoothly reintegrate into society by giving them their financial agency. In order to achieve this, it is the need of the hour to ensure that such a framework binds all workplaces in India.
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About the Author …
Anjana Palamand is a third-year law student whose interests lie in human rights and children’s rights. As the founder of a social impact organisation, she aims to utilise the power of awareness and dialogue in preventing crimes against the basic human rights of people.
