Mains Practice Questions

Introduction

The case at hand concerns the delicate balance between safeguarding the rights of a vulnerable section of the population and ensuring the broader comfort of the community. It involves addressing the competing interests surrounding the discrimination faced by transgender individuals in social inclusion, or the livelihood methods they adopt.

Body

(a) What are the key ethical dilemmas involved in balancing public order with the rights and dignity of transgenders? How do prevailing societal attitudes shape these dilemmas?

• Right to Livelihood vs. Public Order: Transgenders, due to limited socio-economic opportunities, often resort to begging at traffic signals.
  • While this is a source of livelihood for them, it sometimes causes inconvenience to commuters, contributing to traffic congestion and discomfort.
• Administrative Duty vs. Humanitarian Responsibility: The dilemma lies in enforcing laws effectively while ensuring marginalized communities are supported in achieving economic stability and dignity.
  • Maintaining public order is crucial, but it must be balanced with addressing the economic distress of transgenders.
• The Paradox of Exclusion and Expectation: A moral conflict arises when society limits livelihood opportunities for transgender individuals, yet criticizes them for resorting to begging to survive.
  • The core issue is striking a balance between their right to earn a dignified living and the public's expectation for order and a harassment-free environment.

Societal Attitudes Shaping Ethical Dilemmas

• Discriminatory Mindset: Society often marginalizes transgenders due to deep-rooted prejudice against their nonconformity to traditional gender norms, leading to stigma, exclusion, and historical objectification rather than recognition of their rights and dignity.
• Non-Inclusive Approach and Social Exclusion: Transgender individuals are often viewed as unnatural or ridiculed, facing superstition and social fear.
  • Rejected by their families and society, many are driven to survival through marginalized means, which are then condemned by the same society.
• Political Neglect: Due to their small population, transgender individuals often remain politically insignificant, leading to legislative and administrative apathy.
  • Their concerns are rarely prioritized, resulting in a lack of comprehensive policies for their upliftment and social integration.

(b) What policy interventions could you consider to address both the immediate concerns and the long-term welfare of the transgender community?

Interventions for Immediate Concerns and the long-term Welfare:

• Setting up Designated Zones: For immediate relief allocate specific areas in markets or public spaces where voluntary alms collection is permitted without disrupting traffic or public order.
  • Following the Supreme Court’s NALSA judgment (2014), the state should recognize transgenders as a Third Gender with equal rights to employment, education, and social acceptance.
  • As a long-term solution, focus on curbing coercive begging while safeguarding the transgender community’s right to a dignified livelihood.
    • Sensitize law enforcement for humane handling, and promote microfinance and self-help groups to encourage entrepreneurship and reduce reliance on begging.
• Emergency Support Services: Establish temporary shelters and community support centers to provide food, shelter, and healthcare for vulnerable transgender individuals.
• Implementing Skill Training: Partnering with NGOs and government bodies to provide targeted skill development programs is crucial for long-term change. Focusing on leveraging legal aid under NALSA act 2014.
• Initiating Public Awareness Programs: Social mindset change is essential for sustainable integration. Awareness campaigns through schools, colleges, media, and community outreach can challenge prevailing stereotypes and foster respect and understanding.
• Monitoring and Rehabilitation Programs: A structured monitoring and rehabilitation framework is essential to ensure that transgender individuals not only receive support but are also gradually integrated into mainstream society.
  • E.g; transgender women in Gujarat enrolled in a Garima Greh received psychological counseling, and mentorship.

Conclusion

Effective rehabilitation, vocational training, and public sensitization are key to moving beyond superficial measures towards sustainable integration. True social justice demands not just relief to the majority but dignity and opportunity for the transgenders as well.