THE APPROPRIATE PRONOUNS AND NAME-CALLING PROCEDURES THAT ARE RELEVANT TO TRANSGENDER.

Vaishnavi Singh

CONTENT

TABLE OF ABBREVIATION

CASES/STATUES

INTRODUCTION

(TRANSGENDER)

UNDERSTANDING THE TRANSGENDER   PEOPLE

THE TRANSGENDER PERSONS   (PROTECTION OF RIGHTS) BILL, 2016

GENDER PRONOUN AND THEIR   IMPORTANCE.

MAKING THE TRANSITION

NAMES AND PRONOUN

CONCLUSION

SUGGESTION/ RECOMMENDATION

BIBLIOGRAPHY


LIST OF ABBREVIATIONS

AIR

All India Reporter

ANR.

Another

ART.

Article

CONST.

Constitution of India,

1950

CrPC

Code of Criminal

Procedure, 1973

Wrt

With   reference to

IPC

Indian Penal Code, 1860

Hon’ble

Honorable

ORS.

Others

SC

Supreme Court

SEC/SS.

Section

U/

Under

vs

Versus


CASES/STATUES

The transgender persons   (protection of rights) bill, 2016.

National Legal Services Authority   v. Union of India A.I.R. 2014 S.C. 1863.


INTRODUCTION

Transgender is a term that is assigned to those people whose gender identity does not resembles with the sex they are assigned at the time of birth.[1]

Example- a person identified as a woman despite the fact born with a male genitalia.According to a research by William institute at University of California (Los Angeles) in 2016 around 1.4 million adults are identified as transgender in the United States. When broken down this research on a state level it was revealed that around 0.8% of adults in California, Georgia, Hawaii and New Mexico are identified as transgender and around 0.3% in Lowa, Montana, North Dakota are identified as transgender[2].

The gender is basically the internal stage of someone being it male, female or anything else. Usually for a transgender the gender assigned them at birth and their identity both do not match.

Sometimes what happens is the gender identity of someone cannot be recognised from the two that is male or female either they are both male and female, none from both of these or they can fall in totally different category and can be identified as genderqueer according to LGBTQ's advocacy organization that is Human rights campaign.

The way a person communicates his identity by the way of its dressing, behavior, voice or the characteristics of the body is known as the gender expression. According to HRC it is not necessary that the person's gender expression should line up or meet the expectations of the society of masculinity, femininity. As more and more transgender are accepting themselves and expressing themselves in front of society it is helping the society to understand and learn more about them.[3]

Difference between sex and gender- Gender and sex are two different concepts. The biological status of being male or female identifies his sex. Determination of sex depends upon physical characteristics like the chromosomes or the hormones whereas gender is the way a person deals with the expectations of the society or the various roles and the way a person feels and act about themselves.


UNDERSTANDING THE TRANSGENDER PEOPLE

When someone starts to stay in step with their gender identification, instead of the gender they have been idea to be after they have been born, this term is referred to as gender transition. Deciding to transition can take a whole lot of reflection. Many transgender humans threat social stigma, discrimination, and harassment after they inform different those who they certainly are. Despite the ones risks, being open approximately one’s gender identification may be life-maintaining or even life-saving.

Possible steps in a gender transition can also additionally or won't consist of converting your clothing, appearance, call, or the pronoun humans use to consult you (like “she,” “he,” or “they”). If they can, a few humans extrude their identity documents, like their driver’s license or passport, to higher mirror their gender. And a few humans go through hormone remedy or different scientific methods to extrude their bodily traits and make their frame in shape the gender they recognize themselves to be. All transgender humans are entitled to the identical dignity and respect, irrespective of whether or not or now no longer they had been capable of take any felony or scientific steps. Some transgender humans pick out as neither a person nor a woman, or as a mixture of male and female, and can use phrases like non-binary or genderqueer to explain their gender identification. Those who're non-binary frequently favor to be noted as they and them.

It is crucial to apply respectful terminology, and deal with transgender humans as you'll deal with some other individual. This consists of the usage of the call the individual has requested you to name them now no longer their antique call in addition to the pronouns they need you to apply. If you aren’t positive what pronouns someone uses, simply ask politely.[4]


THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016

The transgender persons (protection of rights) Act 2019 bills was made in order to recognised the identity of transgender people and prohibits the discrimination that is happening with them in terms of education, employment, health, rights etc.[5]

In the case of national legal services v. Union of India 2014[6] the supreme court of India established the rights of the transgender and also gave them the recognition of the third gender and also laid down several messages in order to stop the discrimination that is happening with them and to protect their rights. The judgment also gave them reservation in the field of education and job and also they were provided with the right that they do not have to undergo any kind of surgery in order to prove their gender identity. The definition for transgender person as provided in the act is not appropriate rather it is kind of ambiguous and misleading. While the identity is assigned a different identity at the time of birth.

Under Transgender persons Act[7] the penalties can be extended only till 2 years of imprisonment which is very less when compared to the other offences like rape, sexual abuse, molestation etc. It does not provide any other rights like the married, adoption, maternity and hence here leads to a missed opportunity.


MAKING THE TRANSITI

Trying to alternate a person's gender identification is not any greater a success than looking to alternate a person's sexual orientation, GLAAD said. In different words, it cannot be changed. Some human beings can also additionally take steps to higher align their intercourse with their gender the usage of hormones and surgery. HRC factors out, however, that many transgender human beings can't have enough money scientific remedy or haven't any choice to pursue surgeries.[8]

Genital surgery is typically reserved for transgender individuals over the age of 18 who have been treated with hormones, if that is what is medically indicated, and who have lived for at least a year in the gender roles that match their gender identities, Safer said. Candidates for surgery are reviewed by a medical team that considers mental health and physical health in determining the best treatment strategy, potentially including surgery, for each person.


GENDER PRONOUN AND THEIR IMPORTANCE

Traditionally, many languages use gender binary pronouns and suffixes; for example, “he/him/his” for man and “she/her/hers” for women. This binary reference of gender not applies to the broadening nomenclature of gender identities and expressions.

Gender-expansive employees – folks that do now no longer self-pick out as male or female – regularly undertaking present know-how and norms round gender. They may also choose to use gender-expansive pronouns such as "they/them/theirs" rather than the gendered examples indexed above. Though they will be used much less regularly, different alternatives additionally exist, such as "ze/her/hers." Additionally, rather than gendered honorifics such as "Ms." or "Mr.", humans may also pick out to apply the greater inclusive "Mr. (said mix). All of those examples mirror how humans specific their identities the use of languages which fail to encompass gender impartial pronouns.

Properly the use of a person's accurate pronoun is a smooth manner to expose respect. In an example wherein a pronoun isn't always indicated or unknown, gender-impartial pronouns offer a beneficial option. Whether intentional or now no longer, the use of the incorrect pronouns may be hurtful, angering, or even distracting. Some would possibly discover it equal to being instructed they do now no longer depend or deserve respect. Invalidating a person’s identification places a pressure on how someone actions approximately in society and the way that person interacts with others. The enjoy off by accident misgendering a person may be embarrassing for each parties, growing anxiety and main to conversation breakdowns throughout groups and with customers.[9]

Organizations want to be privy to the significance of pronouns with inside the LBGTQ network and discover suitable answers if they're looking for to be an inclusive place of job. Organizations can inspire all employees, irrespective of gender identification, to place their accurate pronouns of their electronic mail signature, call tags, etc.; ask audio system for his or her pronouns while making ready convention materials, bios, and introductions; and make corrections while wished due to the fact we're a gaining knowledge of network.[10]

You might also additionally have observed that humans are sharing their pronouns in introductions, on nametags, in electronic mail signatures, and while conferences begin. Learn extra approximately approaches to do that effectively.

These movements assist make our place of job extra consisting of transgender, gender nonconforming, and gender non-binary humans. Using suitable pronouns is a primary step in the direction of respecting humans’ gender identification and growing an extra welcoming area for humans of all genders. Whatever method we take to deal with pronouns, the lowest line is that everybody merits to have their self-ascribed call and pronouns reputable with inside the place of job.


NAMES AND THE PRONOUN

After the transition stage most of the transgender usually change their names and for this they have two options either to change it to something that is neutral or the one that matches their gender. Now this name changing step is a bit critical and lengthy as everything ranging from all the legal documents to driver's license, passport, credit card and various other documents also needs to be changed. For this they have to visit the court and this process is a bit lengthy, time consuming and expensive at the same time.

According to HRC calling a transgender with their former name is considered rude they have to be given full respect and should be referred using their new names and the pronoun that they want to be used along with their names.

Usually transgender prefer the pronoun that corresponds with their gender that they identity this is according to the HRC. A transgender women can prefer the pronoun as 'she' or 'her' but at the same time she can also prefer to be called as 'they'. Usually the ones who do not believe in binary gender appellations prefer 'they' or any other non- gendered pronoun.[11]

CONCLUSION

As we know language specifically words are the most powerful tool when it comes to convey meaning or to connect in any way. Words are used by us in order to communicate, characterize and also to describe everything that is around us. For a living being, especially a human, nothing will be more personal and important other than the words that are used to describe us through the name and the pronouns.

In this respect let us see one specific category that is transgender and the pronoun or the naming procedure used to describe them. For this let us see who are transgender and their status in the society also various laws that are associated with them.

Being transgender isn't an intellectual disorder. It can't be "cured" with treatment. Transgender humans may also enjoy a continual disconnect among their assigned intercourse and their inner experience of who they are, in line with the HRC. Medical specialists talk to this disconnect as gender dysphoria due to the fact it could reason ache and misery with inside the lives of transgender humans.

The American Psychiatric Association in 2012 introduced that a new edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) might update the term "gender.

SUGGESTIONS/RECOMMENDATIONS

The real motivation or the purpose behind transgender and the pronoun associated with them is to make people aware about their rights and to gather the awareness as to what is the right way of addressing them. Although various bills and acts are passed in this respect in order to provide them with maximum rights and awareness but still somewhere they lack all these.

BIBLIOGRAPHY

⮚ Beemyn, Genny, and Susan Rankin. The Lives of Transgender People. Columbia University Press, 2011.

⮚ Hausman, Bernice L. “Recent Transgender Theory.” Feminist Studies, vol. 27, no. 2, 2001, pp. 465–490.

⮚ Muehlenhard, Charlene L., et al. “Gender and Sexuality: An Introduction to the Special Issue.” The Journal of Sex Research, vol. 40, no. 1, 2003, pp. 1–3.

⮚ Hines, Sally. Transforming Gender: Transgender Practices of Identity, Intimacy and Care. 1st ed., Bristol University Press, 2007.

⮚ Ghosal Neela, and Kyle Knight. “Rights in Transition: Making Legal Recognition for Transgender People a Global Priority.” World Report 2016: Events of 2015, by HUMAN RIGHTS WATCH, 1st ed., Bristol University Press, Bristol, 2016, pp. 21–32.

⮚ Foertsch, Julie, and Morton Ann Gernsbacher. “In Search of Gender Neutrality: Is Singular ‘They’ a Cognitively Efficient Substitute for Generic ‘He’?” Psychological Science, vol. 8, no. 2, 1997, pp. 106–111.

[1] Beemyn, Genny, and Susan Rankin. The Lives of Transgender People. Columbia University Press, 2011.

[2] Hausman, Bernice L. “Recent Transgender Theory.” Feminist Studies, vol. 27, no. 2, 2001, pp. 465–490.

[3] Muehlenhard, Charlene L., et al. “Gender and Sexuality: An Introduction to the Special Issue.” The Journal of Sex Research, vol. 40, no. 1, 2003, pp. 1–3.

[4] Hines, Sally. Transforming Gender: Transgender, Practices of Identity, Intimacy and Care. 1st ed., Bristol University Press, 2007.

[5] The Transgender Persons Act become handed through the decrease residence of the Indian Parliament on August 05, 2019, through the higher residence of the Parliament on November 26, 2019 and sooner or later obtained the Presidential assent on December 05, 2019. It has been introduced into impact through the Indian Government on January 10, 2020. The Transgender Persons (Protection of Rights) Rules, 2020 have been notified on September 29, 2020.

[6]

[7] National Legal Services Authority v. Union of India A.I.R. 2014 S.C. 1863.

[8] Ghoshal, Neela, and Kyle Knight. “Rights in Transition: Making Legal Recognition for Transgender People a Global Priority.” World Report 2016: Events of 2015, by HUMAN RIGHTS WATCH, 1st ed., Bristol University Press, Bristol, 2016, pp. 21–32.

[9] Goyette, M. (2021). Found in Translation: Engendering Inclusive and Conscientious Pronoun Pedagogy in Ancient Greek and Latin Language Classrooms. The Classical Journal, 116(3), 355-380.

[10] Foertsch, Julie, and Morton Ann Gernsbacher. “In Search of Gender Neutrality: Is Singular ‘They’ a Cognitively Efficient Substitute for Generic ‘He’?” Psychological Science, vol. 8, no. 2, 1997, pp. 106–111.

[11] HRC