Empirical Research Report

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EMPIRICAL RESEARCH STUDY
ON
TRANSGENDER IDENTITY: SOCIO-
LEGAL POSITION IN THE DISTRICT OF
GANDHINAGAR
Principal Investigator: Mr. Shrut S. Brahmbhatt, Assistant Professor of Law,

Unitedworld School of Law, Karnavati University, Gandhinagar.
UNITEDWORLD SCHOOL OF LAW

KARNAVATI UNIVERSITY
GANDHINAGAR
GUJARAT
Cite as: Brahmbhatt Shrut, ‘Transgender Identity: Socio-Legal Position in the District of Gandhinagar’, Apr-
June 2017, ISBN: 978-81-936348-2-0.
COMPOSITION OF TEAM
Principal Investigator: Mr. Shrut S. Brahmbhatt, Assistant Professor of Law, UWSL, Karnavati
University.
Project Officer: Dr. Sonia Shali, Assistant Professor of Criminology, UWSL, Karnavati University.
Student Contributors:
1. Acharya Mahimn Dharmeshbhai 19. Mehta Divij Saurabh

2. Agrawal Reecha Bhagwandas 20. Mitra Diya Debasis
3. Barot Karna Rajeshkumar 21. Nayak Aakash Bharatkumar
4. Bhatt Kavisha Madanmohan 22. Patel Mansi Navneet
5. Bhavnani Laksha Kishore 23. Patel Pooja Rakeshkumar
6. Brahmbhatt Mahima Harkant 24. Purani Prutha Nirav
7. Brahmbhatt Naman Kamalnayan 25. Raval Nisarg Vijaykumar
8. Chhapia Prerana Rajesh 26. Salewala Kajal Shaukatali
9. Dargar Muskaan Maheshkumar 27. Shah Mihika Paren
10. Dave Chaitali Pradipkumar 28. Shetty Amol Ravindra
11. Dave Shivam Mahesh 29. Shukla Rachit Anil
12. Desai Manthan Gopikrishna 30. Thakkar Mauni Tulsi
13. Dixit Komal Pratik 31. Thakur Brijen Singh Rajendra Singh
14. Goyal Jayshri Purshotamlal 32. Vaghela Katyayini JayShivsinh
15. Jotangia Jeet Rajendra 33. Vyas Param Hitesh
16. Katira Rajvi Shankarbhai 34. Yadav Urvisha Kanjibhai
17. Khatri Tamanna Hemraj 35. Maken Esha Ashok
18. Mistry Vaishnavi Rajesh 36. Dalal Heli Ashish
(i)
DECLARATION
We hereby declare and certify that, the Minor Empirical Research Project entitled “Transgender
Identity: Socio-Legal Position in the District of Gandhinagar” is a bona fide record of research
work carried out by us during April-June, 2017. Further to certify that the work presented in the
report is original own work and has not been submitted to any University or Journal Publications or
related to any academic purpose till the publication of this report. We have properly acknowledged
the resources wherever required. We, solely own the responsibility for the originality of the entire
content.
Mr. Shrut Brahmbhatt Dr. Sonia Shali

Principal Investigator Project Officer
(ii)
ACKNOWLEDGEMENT
It gives us immense pleasure to write few words about those who helped us to undertake this
Empirical Research Project. On the outset we express our gratitude to Mr. Ritesh Hada, President,
Karnavati University; Dr. Deepak Shishoo, Provost, Karnavati University; Prof. Padmanabha
Ramanujam, Dean, UWSL; Dr. Akanksha Singh, Director-Administration, UWSL; Ms. Devanshi
Patel, Principal Administration Officer, UWSL; and the Management of Karnavati University,
Gandhinagar for giving us an opportunity as well as providing infrastructural facilities to undertake
this report.
This report would not have been possible without the time and valuable inputs of a few key
stakeholders. We are extremely grateful to all transgender community members, Individuals from
Society, Authorities and Officials of Government Departments located in four tehsils of
Gandhinagar District; and Specially Student Contributors of Unitedworld School of law, Karnavati
University, Gandhinagar who provided relevant information regarding the issues related to
transgender identity in the district of Gandhinagar.
Special thanks and mention to the Students of Unitedworld School of Law, Batch 2015-20, who
really worked very hard while assisting faculty members for collection and handling of data.
Our sincere thanks to Shree Manvendra Singh Gohil, Chairperson, Lakshya Trust, Gujarat for
inviting us in the ‘Occasion Marking the Transgender Visibility’ and to be a part of ‘Engaging
interaction on Health and Human rights of TG/Hijra communities in the state of Gujarat’ organized
by Lakshya Trust, Vadodara in collaboration with Voluntary Health Services, Chennai; Gujarat State
Aids Control Society, Govt. of Gujarat; and Save the Children on 27th April 2017.
We are thankful to all faculty and administrative staff members of Unitedworld School of Law who
supported us with the best of their intellectual and administrative capabilities.
Finally, we are incredibly grateful to those, forgot to name them who stood by and supported us
during the completion process.
(iii)
PREFACE
‘Transgender Identity: Socio-legal position in the district of Gandhinagar’ is a Minor Empirical

Research project done and completed keeping in mind the sensitivity of the subject, relationship
between methodological and theoretical approaches as it engages people from all sections of the
society and to specifically aim good results. People challenging gender norms have continued to live
in almost every culture throughout the time. On the other hand, the term ‘transgender’ is highly
relevant in many ways as the people who are well understood by the general population are
beginning to catch up and accommodate them in a more realistic manner. It is useful to think of the
word ‘transgender’ as an umbrella term that encompasses a number of people who live substantial
portions of their lives expressing an innate sense of gender other than their sex assigned at birth.
This includes ‘Kinnars’ or ‘Hijra’ who feel like their biological sex fails to reflect their true gender.
We are noticing the impact of new attitude of social awareness in our everyday lives, yet ancient
India had already addressed and resolved this issue many thousand years ago in the course of its own
civilization’s development. In fact there is so much to be learnt from previous knowledge regarding
the recognition associated with this issue within the societal framework.
In modern times there has been much debates concerning the position and rights of transgender
people within society. Should they be given their due? Should they be ignored or denied the basic
rights and privileges that other citizen does enjoy? The answers to these questions can be found and
thoroughly analyzed when we talk about these issues practically and not for the sake of gaining
popularity as they are recorded all aspects of human behavior and knowledge since time
immemorial.
There is enough evidence to show that Kinnars face a lot of stigma and conspicuous absence from
various societal entitlements and schemes provided by the Government. There are efforts being
made to address the specific issues aftermath of NALSA judgment in 2014 recognizing transgender
as ‘Third Gender’. But they still continue to remain at the margins due to stigma and discrimination
against them and more explicitly the lesser livelihood opportunities, medical facilities, educational
support, better infrastructure model to bring them to the society. Insignificant options force them to
resort to pleading and sexual distinctiveness for sustenance. Therefore, they need to be socially
protected, given equal opportunities and for seeking positive health behaviors, there is a need for
skill development programmes and livelihood opportunities to be created for the kinnars.
(iv)
INDEX
SN. CONTENT PAGE NO.

1. Introduction 1-6
1.1 Purpose Of Study 3
1.2 Aims And Objectives 4
1.2.1 Extent Of Implementation Of Directions And Guidelines 4
Issued By Hon’ble Supreme Court Of India
1.2.2 Social Position Of Kinnars In The Gandhinagar District 4
1.3 Limitation 5
1.4 Methodology 5
1.4.1 In-Depth Doctrinal Research 6
1.4.2 Empirical Research 6
2. The Approach towards Kinnars or Hijras 7
3. Identification and Shortcomings 8
3.1 Validity and Reliability 8
3.2 ‘Representativeness’ Of Sample Group 8
4. Tehsil wise Research 9-10
4.1 Number Of Respondents Surveyed From Different Age Group Of 9
Selected Tehsils Of Gandhinagar District
5. Findings of Study 11-21
5.1 Social Acceptance Of Kinnars 11
5.2 Society’s View On Recognition Of Kinnars As Citizens 11
5.3 Awareness Of Kinnars About ‘Third Gender’ Recognition 12
5.4 Issuance Of Govt. Documents With The Recognition Of ‘Third 13
Gender’ And Procedural Aspects
5.5 Kinnars Presence At Public Places 15
5.6 Age Wise Classification Of Familial Reverence For Conversion Into 16
Kinnars
5.7 Adoption Of A Child By Kinnars 17
5.8 Employment Of Kinnars 17
5.9 Infringement Of Legal Rights Of Kinnars 19
5.10 Equalizing Kinnars By Conferring Facilities 20
6. Conclusion and Observation 22-23
7. Suggestions and Recommendations 24-27
(v)
ISBN : 978-81-936348-2-0 Brahmbhatt Shrut, Empirical
Research Report 2017-18
1. INTRODUCTION
The determination of individuality depends on the involvement and interest of an individual with
any specific thing. Individual may mirror his/her self with sex, race, sexual orientation, class,
nationality, religious and political beliefs, age etc. The factor of considering oneself different than
rest depends on with whom an individual is, with what S/he is involved in and where S/he stands in
his/her own life.
The term ‘self’ is not that small as it looks and seems. To define ‘self’ in common parlance, it means
‘the existence of an individual and all those things that are connected to and are around that individual’. In the eyes
of law the term ‘self, encompass not only the physical existence/appearance of an individual but also the very
awareness of the existence of that individuality’. Identity relates more to the awareness of one’s
individuality rather than the individuality assigned to him/her at his/her birth. In Law, just the
existence of a thing does not matter. The thing that exists must have the awareness that it exists.
This awareness is of utmost importance. It is the awareness that gives the individual its real identity.
Identity cannot be explained as one particular word or definition, it is an idea with a range of
aspects; including one’s DNA/Gender, upbringing, your cultural context and national identity.
One elementary concept that goes indispensible with the term identity is gender identity. How
gender reflects one’s physical and psychological aspect (‘self’) is an important factor while
determining your selfhood. Talking of Identity Negotiation, other than male and female there exists
one more category of gender in society namely, THIRD GENDER. The term ‘third gender’ comprise
of Lesbians, Gays, Bisexuals and Transgender People (hereby LGBT).
The history of transgender being a part of society traces back us to almost four thousand years. One
of such instance is stated in the National Legal Services Authority vs. Union of India and ors (herein after referred
as NALSA judgment)1:
“Lord Rama, in the epic Ramayana, was leaving for the forest upon being banished from the kingdom for 14
years, turns around to his followers and asks all the ‘men and women’ to return to the city. Among his followers,
the Hijras alone didn’t feel bound by this direction and decided to stay with him. Impressed with their devotion,
Rama sanctions them the power to confer blessings on people on auspicious occasions like childbirth and marriage,
1 National Legal Services Authority vs. Union of India and ors.; (2014) 5 SCC 438.
Page 1
and also at inaugural functions which, it is believed set the stage for the custom of badhai in which Hijras sing,
dance and confer blessings.
Aravan, the son of Arjun and Nagakanya in Mahabharta, offers to be sacrificed to Goddess Kali to ensure the
victory of the Pandavas in the Kurukshetra war, the only condition that he made was to spend the last night of
his life in matrimony. Since no one was willing to marry one who was doomed to be killed, Lord Krishna
assumes the form of a beautiful woman Mohini and marries him. The Hijras of Tamil Nadu consider Aravan
their progenitor and call themselves Aravanis.”
A detailed reference of transgender people has been made in Jain texts and they are mentioned in
the concept of ‘psychological sex’. Hijras played a prominent role in the royal courts of the Islamic
world, especially in the Ottaman empires and the Mughal rule in the Medieval India. A detailed
analysis of the historical background of the same finds a place in the books of Gayatri Reddy 2.
We notice that even though historically, Hijras/transgender persons had played a prominent role,
with the onset of colonial rule from the 18th century onwards, the situation had changed drastically.
During the reign of British rule, laws were made to conduct the actions against Hijras/TG
community, called the Criminal Tribes Act, 1871. The said Act was not in favor of Hijras and rather
eyed them as ‘innately criminal’ and ‘criminal committing non-bailable offences’.
In Indian context, every day transgender persons experience the brunt of social as well as
economical marginalization because of their gender identity. Activists who work with transgender
and gender non-conforming people have known this for decades as they have worked with these
people to give them housing, obtain health and partnership benefits, or to save jobs terminated due
to bias. Too often, policy makers, service providers, the media and society at large have dismissed or
discounted the needs of transgender people in their communities and a paucity of hard data on the
scope of anti-transgender discrimination has hampered the struggle for basic fairness.3 They seek
discrimination when accessing all the fundamental rights from health care, from disrespect and
harassment to violence and outright denial of service. They face the barriers to care whether seeking
preventive medicine, routine and emergency care, or gender-related services. These realities,
2Reddy Gayatri, ‘With Respect to Sex: Negotiating Hijra Identity in South India’, Yoda Press (2006).
3Grant Jaime M. & Ors., National Transgender Discrimination Survey Report on Health and Health Care, National Centre for
Transgender and Equality, 2010.
Page 2
combined with widespread provide ignorance about their desires that deter them from seeking and
receiving quality life care.4
The linchpin of this empirical research is “Transgender”, seeking socio-legal position of transgender
people in the District of Gandhinagar. There are two core concepts that help in understanding
transgender people. First, gender and sex are distinct in this context: sex: biology, i.e. sex assigned at
birth; gender: one's innate sense of self. Thus transgender signifies someone whose gender isn’t in
nexus with the sex assigned to them at birth.
Transgender is a state of body where there is no nexus between the sense of gender and gender assigned at
birth5 to that body.
Transgender (Kinnars) can thus be defined as “a male deprived of the testes or external genitals, especially one
castrated before puberty so that male secondary sex character fails to develop.”6
In the landmark case of NALSA Judgment 7 , Hon’ble Supreme Court gave legal recognition to
Eunuchs, Hijras or Kinnars as “Third Gender”.
Kinnars are legally recognized as ‘Third Gender’ is the law, but how far the law has been executed in
the four tehsils of Gandhinagar Districts (Dehgam, Kalol, Gandhinagar and Mansa) is the theme of
this Empirical Research Study. The Socio-Legal Position of Kinnars post such execution is one of
the important questions to determine through this study.
1.1 PURPOSE OF STUDY

The Investigative study of Socio-Legal Position of Transgender People in the Gandhinagar District
is to find out the implementation of NALSA Judgment and the social and legal position of
transgender people post the execution.
Third Gender is an existing reality. But the question is, whether this existing reality is conceived and
carried by the real world? If yes, then we as the researchers shall be happy to witness the growing
nexus, balance and understanding between Indian Judiciary, Legislature and Executive organs of
government. If no, then through this empirical research we shall make the State, the Government
4
Survey Report, Supra npte 3.
5 NALSA Judgment, Supra note 1.
6 Dorland’s Pocket Medical Dictionary, 282 (29 th ed 2013).
Page 3
and Society aware of transgender people as third gender recognized by Hon’ble Supreme Court in
NALSA Judgment.
This empirical research intends to study the “Socio-Legal position” of Transgender identity in the
District of Gandhinagar. Socio-legal study is an interdisciplinary domain. It cannot be studied aloof.
It’s created by the contribution of various disciplines. Socio-legal studies, evaluates law, legal
phenomena in context to society. Both theoretical and empirical work is included, and perspectives
and methodologies are drawn from the humanities as well as the social sciences.
1.2 AIMS & OBJECTIVES
The Empirical research in deliberation is limited to the district of Gandhinagar (Four TEHSILS:
Kalol, Gandhinagar, Dehgam and Mansa). The Aims & Objectives of this empirical research are to
know namely:
1.2.1 Extent of implementation of Directions and Guidelines issued by Hon’ble

Supreme Court of India
As discussed above, there is ineffective implementation of directions and guidelines stated by

Hon’ble Supreme Court in NALSA Judgment by the Executive body of the State. The ineffective
implementation can be seen in the form of the existing contingencies between the guidelines given
by The Hon’ble Supreme Court and The Transgender Persons (Protection of Rights) Bill, 2016
prepared by the Executive organ of the Country.
1.2.2 Social Position of kinnars in the Gandhinagar District
To maintain peace and discipline law has to be created and implemented. Received obedience
without the acceptance to express such obedience from the society doesn’t survive for long,
resultant anarchy. For any new rule to establish and work effectively it is very important that the
same is willingly accepted and observed by the ones to be ruled. Thus, the empirical research wish to
find out what society feels about transgender people, their presence and do they accept their legal
identity as “Third Gender”?
Page 4
1.3 LIMITATIONS
The empirical research is carried out in the district of Gandhinagar by dividing it into four Tehsils
i.e., Dehgam, Kalol, Gandhinagar & Mansa. The kinnars residing in these four tehsils have been
visited by the Researchers. For the Purpose of this Research Kinnars or Hijras are only considered as
‘Transgender People’, other kind of persons if any falling within the meaning of the term
‘Transgender’ has not been focused through this particular study.
The Title of the empirical research is “Empirical Research on Transgender Identity: Socio- Legal Position in
the District of Gandhinagar”, whereby the research is limited to “kinnars” as one of the existing kinds of
Transgender People.
1.4 METHODOLOGY
The quality and value of study depends on the proper and particular methodology adopted for the
completion of the same. Considering the vastness of the research area, doctrinal and empirical legal
research methodology has been adopted. This empirical research has been conducted through data
gathered by questionnaires (Prepared Separately for Society, Authorities, and Kinnars) and Personal
Observations during the field visits.
One of the essential Objectives of this research study is to understand the socio-economic condition
of transgender with focusing on the ascertainment the social status, assessment the economic status,
identification their culture, finding out the factors underlying their problems. For the purpose of the
present study the researchers selected Gandhinagar District, Gujarat as proposed geographical
location of work which falls under Gandhinagar district of Gujarat in India.
The Researchers for the purpose of this study, In case of data from Society, used Multistage
Random Sampling. The four tehsils of the districts were divided into areas located in main four
directions, i.e. North, South, East and West, further the samples from different societies were
collected. The Researchers collected data from the concerned authorities from local Municipality,
Nagar-Palika, Courts and Govt. Hospitals and allied departments of each tehsils. The Researchers,
by using total population sampling, gathered data from the Kinnars dwelling in the Gandhinagar
District.
Page 5
The Research includes the following methods:
1.4.1 In-depth Doctrinal Research: The doctrinal study involves collection of data through
various sources such as primary sources and secondary. The primary data includes the
legislations and the secondary legislations books, articles, research papers etc.
1.4.2 Empirical Research: The non-doctrinal study was based on random sampling. For the
sampling purpose a Questionnaire was prepared and sent to the concerned localities for
the collection of data. The findings of the research was then put forth to know the socio-
economic condition of the transgender people in the District of Gandhinagar. The study
has been conducted in four Tehsils namely: Gandhinagar, Kalol, Mansa, and Dehgam of
the Gandhinagar District, Gujarat.
Page 6
2. THE APPROACH TOWARDS KINNARS OR HIJRAS
Kinnars or Hijras are a part of society from the beginning of civilization in India. The history traces
us back to four thousand years ago where Kinnars have been mentioned in various ancient texts.
The sexual diversity exists from ancient time. Though the term ‘transgender’ and the modern
definition formed in late 20th century, people covered under the definition have existed in every
culture throughout recorded history. Ancient Indian Literature like Kama Sutra, Mahabharata and
Ramayana has special mention of Kinnars. Kama Sutra describes vivid description of sexual life of
people with ‘third nature’ (Tritiya Prakriti). Mahabharata’s character ‘Shikhandi’ and Ramayana’s
incident of Rama’s Vanvaas has special mention of Kinnars. Even one of the forms of Lord Shiva,
Ardhnari, significantly shows the existence of Kinnars in the past.
Kinnars held essential positions in courts and were part of administration during Mughal Era during
16th to 19th Century. Their blessings were considered important in all religious ceremonies. This
situation ended with the entry of British RAJ in India, during colonial rule in 19th Century, when the
laws eradicating criminalizing Kinnars were enacted. India’s independence could later repeal the
previous provisions and laws.
Indian law recognizes Kinnars including other genders falling under the term ‘Transgender’ as a third
gender; whereas other South Asian countries like Pakistan and Bangladesh recognize only Kinnars as
the third gender.
Today Kinnars are mostly respected in society and appreciated in various religious and spiritual
ceremonies. However they often become victim of abuse and discrimination. Violence and hate
crime against them still prevails in the society. As happens with transgender people in most of the
countries in the world, Kinnars in India often face discrimination in education, employment, health,
housing and law. Though hon’ble Supreme Court of India has recognized citizenship and gender of
transgender awareness about the same is not there because of which even after almost four years of
passing of judgment very few kinnars have received government identity cards or documents with
the recognition of ‘Third Gender’. Social view as well has not much been changed, young
generations are more generous towards this community when it comes to considering them as a part
of the society. This is a positive change but lot more is required.
Page 7
3. IDENTIFICATION AND SHORTCOMINGS
3.1 Validity and Reliability
The Test of validity and reliability has been conducted by the Researchers. The data used for the
preparation of this report is ‘qualitative’. In order to be considered as qualitative the data collected
by one team of researchers from different age-group of society, authorities, and Kinnars of the four
tehsils of Gandhinagar District has been cross-checked by other team of researchers. The Collection
of data was done by the student members in constant advice and support of the faculty members
undertaking this research. Hence it can firmly be said that the data is valid and reliable. Further, the
data gathered through primary and secondary sources has been duly cited.
3.2 ‘Representativeness’ of Sample Group
The Test of representativeness of sample group has been taken by the Researchers for this Research.
The sample group in the study includes different age group individuals from the society, various
authorities, and Kinnars located in four tehsils of Gandhinagar district. The data of individuals from
society has been collected by using Multistage Random Sampling; the data collected from the
various authorities are gathered from the only concerned government authorities; whereas the data
gathered from Kinnars, as a part of this study, has been collected through Total Population
Sampling from the four tehsils of the district of Gandhinagar. The sample group was not arranged
on any other basis for the outcome of study so the universe of the sample group has not been sorted
hence it can be said that the respondents of sample group in this study represents its whole universe.
Page 8
4. TEHSIL WISE RESEARCH
Gandhinagar, One of the Vibrant Districts and Capital of Gujarat, has four tehsils namely
Gandhinagar, Kalol, Mansa and Dehgam. The population of the district is 13, 91,7538; whereas the
Population of rural residents is 7, 91, 1269. The Population of each tehsil is approximately around
20,000. This Empirical Research has been conducted through data gathered through questionnaires
(Prepared Separately for Society, Authorities, and Kinnars) and Personal Observations during the
field visits. The Researchers for the purpose of this study, In case of data from Society, used
Multistage Random Sampling. The four tehsils of the districts were divided into areas located in
main four directions, i.e. North, South, East and West, further the samples from different societies
were collected. The Researchers collected data from the concerned authorities from local
Municipality, Nagar-palika, Courts and Govt. Hospitals and allied departments of each tehsils. The
Researchers, by using total population sampling, gathered data from the Kinnars dwelling in the
Gandhinagar District.
4.1 Number of Respondents surveyed from different age group of selected tehsils of
Gandhinagar District
18-25 Years 270

Age of Respondents
26-35 Years 207
36-45 Years 130
More than 45 Years 106
0 50 100 150 200 250 300

No. of Respondents surveyed (n : 713)
[Figure 4.1.1: Age of Respondents: The Empirical Study has been conducted in four tehsils of
Gandhinagar District. The Figure 2.1 represents the numeric value of the different age-group of the
respondents surveyed. (n : 713)]
8 Gandhinagar District Panchayat, https://gandhinagardp.gujarat.gov.in/gandhinagar/english/index.htm accessed on

June 23 2017.
9 Gandhinagar District Panchayat, supra note 5.
Page 9
The samples from the society are divided in four age-groups in the questionnaires which are 18-25
Years, 26-35 Years, 36-45 years, and More than 45 years. The number of youngest age-group, i.e. 18-
25 Years, is 270; the respondents from the age-group of 26-35 Years are 207; the age-group of 36-45
years consists of 130 respondents and the age-group of more than 45 years consists of 106
respondents. (Fig. 4.1.1) The Authorities surveyed are the government officials from Municipal
Corporation, Nagar-Palika, Courts and Government Hospitals and allied departments of the four
tehsils of the District of Gandhinagar. Further, The Kinnars located within the four tehsils of the
district of Gandhinagar has been surveyed as a part of the empirical study.
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5. FINDINGS OF STUDY
5.1 SOCIAL ACCEPTANCE OF KINNARS

This Empirical Research Study on ‘Transgender Identity: Socio-Legal Position in the Gandhinagar
District’ requires to find out the position of the kinnars residing in the district. In order to check the
position of Kinnars it is pertinent to see first whether the community of Kinnars has been accepted
in the Society.
The empirical study reveals that out of the
Social Acceptance of Kinnars
surveyed individuals of society 83% agrees on
the fact that kinnars are part of society;
Decline
17% Whereas 17% of the surveyed individuals
Yes declined that kinnars are part of society. (Fig
No 5.1.1) This shows a really positive face of
Accept society; the conservative minds are now
83%
transforming. According to the statistics of this
Society's view: Kinnars as a part of society study young generation have proved to be more
adoptive.
[Figure 5.1.1: Social acceptance of kinnars as being part of society. Y : N : 592 : 121 (n : 713)]
5.2 SOCIETY’S VIEW ON RECOGNITION OF KINNARS AS CITIZENS
The Study attempts to find out society’s 350
297
awareness and view on legal recognition 300
No. of Responses
of kinnars as citizens and gender 250 226
identity declared by hon’ble Supreme 200

150 118
Court in NALSA Judgment10. It reveals
100 72
that the number of persons aware is
50
lesser than those of unaware about the
0
recognition; however when it comes to Aware and Aware but Unaware but Unaware and
Support the don’t support support the don’t support
support such recognition the number is recognition such recognition such
recognition recognition
higher than those who don’t support.
Society's Opinion
[Figure 5.2.1: Social view on recognition of Kinnars as Citizens. (n : 713)]

Page 11
Though the awareness of Society about the recognition displays poor number the support endowed,
irrespective of the fact on being aware or unaware about such recognition, shows a good number. It
states that 73% of the sampled individuals support the gender identification of Kinnars. (Fig 5.2.1)
However the response on support of the ‘OBC’ Status declared in the NALSA Judgment 11 seems
not been much appreciated by the society as the data reveals that 51% of the sampled individuals are
not in favor of such status. The researchers found that the reasons for not supporting the OBC
Status is that a kinnar community is one where the caste/class of birth of the members is not
determined, and in such case it may happen that the one eligible for reservation of SC/ST by birth
may not be able to avail because of the fact of being transgender. Some opined that considering the
less number of kinnar community or transgender and the vast number of people already availing
OBC reservation it doesn’t seem fair for kinnars to compete with them. According to them a new
reservation policy for the transgender persons, including kinnars, shall be framed and they shall
compete only with them and that may be proved to be beneficial for them. Howbeit, such positive
responses remain uninfluenced when the fact how kinnars feel in society reveals that 54 % of the
kinnars residing in Gandhinagar District feel discrimination in society. Apparently the percentage
has improved considering the situation prevailing a decade ago when the legal status as well was in
question.
5.3 AWARENESS OF KINNARS ABOUT ‘THIRD GENDER’ RECOGNITION
Recognition of Kinnars as 'Third The empirical study found that only 48 % of

Gender'
kinnars are actually aware about the recognition of
kinnars as ‘Third Gender’. Whereas 52 % of
Aware kinnars are unaware about such recognition. This
48%
may have connection with their literacy rate as the
more the person is literate the more knowledge is
Unaware possessed. This is in terms of knowledge for
52%
something that is for their betterment. But when it
Aware
comes to support such declaration the researchers
Unaware
found that support is endowed by all the kinnars.
[Figure 5.3.1: Kinnars’ awareness on recognition of ‘Third Gender’. A : U : 47 : 50 (n : 97)]
11 NALSA Judgment, Supra Note 1.
Page 12
This study focused on authorities located in four tehsils of Gandhinagar District like Nagar-
palika/Municipality/Mamlatdar Office, Govt. Hospitals and Courts. Among the officials of
aforementioned offices 81 % were aware about the recognition of transgender, which includes
kinnars, as citizens declared by hon’ble Supreme Court of India. This shows that not only society
and kinnars but even government officials could not heed to such declaration when made.
5.4 ISSUANCE OF GOVT. DOCUMENTS WITH THE RECOGNITION OF

‘THIRD GENDER’ AND PROCEDURAL ASPECTS
8
7
7
6
No. of Responses
5
4
3 3
3
2 2
2
1 1
1
0
None Yes No Not Less than More than Not
Applicable 5 25 Applicable
Status of Govt. ID Cetificate of Identity as a prerequisite for Certification of Identity registered at Govt.
Cards with issuance of Govt. ID Cards Hospitals
recognition of 'Third
gender'
Opinions of Govt. Authorities of four tehsils
(n : 07) (n : 07) (n : 05)
[Figure 5.4.1: Status of Govt. identity documents and procedural aspects. This figure represents
status of application of Election Card/Aadhaar Card/Driving License/Ration Card etc. with the
recognition of ‘Third Gender’ in the four tehsils and the status of ‘Certificate of Identity’ for
issuance of such documents and the number of actual registrations.]
The Study found out that there has not been a single application or issuance of govt. identity cards
of kinnars as per the data collected from officials of Nagar Palika, Municipality and Mamlatdar
offices located in the four tehsils of Gandhinagar District. This means even after four years of the
Page 13
NALSA Judgment not a single Transgender has applied or registered for govt. identity card with the
recognition of ‘third gender’. This may be due to lack of awareness about the judgment or
procedural hurdles for issuance of such documents. The Transgender Persons (Protection of Rights)
Bill, 2016 mandates govt. offices to collect ‘Certification of Identity’ for issuance of any document
with the recognition of ‘Third Gender’. The data shows that out of the seven govt. offices, which
are handling issuance of such govt. cards, three govt. offices states that ‘Certificate of Identity’ is a
prerequisite condition at their offices for issuance of the govt. documents with the recognition of
‘third gender’; whereas two govt. offices have no such mandate and two govt. offices consider it not
applicable to their offices. This represents disparity of procedures within the district. Further, on
investigating the number of ‘Issuance and Registration of Certification of Identity’ at five govt.
hospitals and concerned departments of four tehsils of Gandhinagar District the data shows a very
different number which conflicts with the responses of other authorities. One out of the five comes
up with the response that less than 5 ‘certification of identity’ are registered and one other
department said that more than 25 cases has been registered at their office, whereas three hospitals
and departments said that issuance of such certification is not applicable at their hospital.
The Data received from Kinnars reveals

Responses from Kinnars
a surprising fact. Out of 97 Kinnars
Status of Govt. IDs of Kinnars
surveyed, 94 % have yet not applied for Not Applied

94%
Yet
issuance of new documents with the
recognition of ‘Third Gender’ and 6 % Applied for
0%
of the kinnars have received their Registration
documents with the recognition of

‘Third Gender’. (Fig 5.4.1) This conflict Received 6%
with the data received from the

Percntage of actual registrations
authorities.
[Figure 5.4.2: Reality of issuance of govt. documents with the recognition of ‘Third Gender’. (n : 97)]
The Conflict between the responses of document issuing authorities, ‘Certificate of Identity’ issuing
authorities and the responses of kinnars may have a reason that those who received such
‘Certification of Identity’ are not residing in the District of Gandhinagar and the kinnars residing
within the district have received the documents from other districts which may be their native
districts. However such disparity draws attention to one thing that the number of issuance of govt.
Page 14
documents with the recognition of ‘third gender’ has not been yet known to kinnars or may be the
cumbersome procedure of submitting certification of identity for such issuance of document and the
problems faced for issuance of such certificates is the reason behind the poor number found in the
study.
5.5 KINNARS PRESENCE AT PUBLIC PLACES
The Research further discloses the fact that 85 % of the individual members of society appreciate
presence of kinnars at certain public places such as Temples, Railway Stations/Bus Stations/
Trains/Buses, Weddings/Birth Ceremonies, Diwali/New-year Time; whereas 15 % of persons don’t
appreciate the presence of kinnars at public places. (Table 5.5) Kinnars source of income is based on
Bhikshavrutti for which they remain present at Public Places as well as at several functions. The
figures show that 59 % of the sampled individuals appreciate presence of kinnars at temples; 60% of
individuals appreciate the presence of kinnars at Railway Stations/Bus Stations/ Trains / Buses; 53
% of the individuals appreciate kinnars’ presence in wedding/Birth Ceremonies; the lowest in figure
is presence of kinnars during Diwali/New-year Time. The opinions are based on individual choice
or preference for admiring their presence at different places as mentioned above.
Table 5.5.1: Society’s View on admiring presence of kinnars at Public Places
Admires Presence
Sn (n : 713)
1. No. %
2. 605 85 %
Public Places
3. Temples Railway Stations / Weddings/ Birth Diwali/ New-year Time
Bus Stations/ Ceremonies
Trains/ Buses
(n : 713) (n : 713) n : 713) (n : 713)
4. No. % No. % No. % No. %
5. 426 60% 375 53 % 377 53 % 314 44 %
Doesn’t Admire the Presence
(n : 713)
6. No. %
7. 108 15 %
[The table displays view of society on presence of kinnars at public places or some special occasion.
(n : 713)]
Page 15
5.6 AGE WISE CLASSIFICATION OF FAMILIAL REVERENCE FOR

CONVERSION INTO KINNARS
180
relative or family member for conversion into
Acceptance Level to embrace choice of
160 155
140 135
120 115
100 89 89
Kinars
80 72
60
41
40
17
20
0
Yes No Yes No Yes No Yes No
18-25 Years 26-35 Years 36-45 Years More than 45 Years
(n : 270) (n : 207) (n : 130) (n : 106)

Age of Respondents
[Figure 5.6.1: Status of acceptance level of society to embrace the choice of family members or
relatives for conversion into kinnar. (n : 713)]
The study attempts to find out the familial reverence of society for conversion into kinnars. The age-
wise classification displays the number of society’s being adoptive towards the natural existence of
kinnars and on the choice of family or relative member for conversion into Kinnar. The question
posed to society was whether the choice of family or relative member for conversion into kinnar
would be embraced or not. Though the overall response is against such choice, if we see the
percentage of positive response or acceptance level to embrace such choice it shows younger
generations are more adoptive than the older. In case of the age-group of 18-25 Years 43%
responded positively, whereas in case of the age-group of more than 45 years only 17 % has positive
response towards acceptance of conversions of family members or relatives. From the remaining
middle age-groups of 26-35 Years and 35-45 Years the positive responses received are 35% and 32%
respectively.
Page 16
5.7 ADOPTION OF A CHILD BY KINNARS

The Study finds that the young age-
36-45 More than
No
Years 45 Years
group of 18-25 Years is more prone
Opinion of different age group of
Yes
society on adoption by kinnar
to consider kinnars as a part of

No
Yes society, as according to this age-
group kinnars can adopt child and
No
are capable of better upbringing of
26-35
Years
Yes
such child. Whereas the other age-
No group don’t support adoption of
18-25
Years
Yes
child by kinnar. The level of support
0 50 100 150 in other age-group displays a very
Level of support poor statistics.
[Figure 5.7.1: Child Adoption by Kinnar. (n : 713)]

Considering Kinnars as best parents displays a positive change in social mentality. 51 % of the
individuals from Age-group of 18-25 years agreed on the part that kinnars can adopt child and can
be the best parent whereas the other age-group do not consider kinnars as responsible as their selves
to adopt and grow a child.
5.8 EMPLOYMENT OF KINNARS
This Study reveals that the view 200

180
Number of Responses
on kinnars’ employment is quite

160
similar in majority of age-group 140
120
of society. The question put 100
80
forth to identify the social view 60
on employment was whether 40
20
society would give opportunity 0
Yes No Yes No Yes No Yes No
of employment to kinnars by
18-25 Years 26-35 Years 36-45 Years More tha 45
giving work either at home or at Years
Age wise opinion on employment of Kinnars at
workplace. The responses home or workplace
received are uniform.
[Figure 5.8.1: Social View on employment of kinnars. (n : 713)]
Page 17
This study identifies that society is of opinion that kinnars shall be employed somewhere which
means the current mode of kinnars’ earning is not accepted by society. The data reveals that except
the senior most age-group, i.e. Age-group of more than 45 years, other three age-groups of samples
appreciate kinnars to be employed to earn money. (Fig 5.8.1) As per the survey 27 % of society has
came across studying and working kinnars. They are also willing to give an opportunity of
employment to kinnars at either their home or work place. This shall be considered as biggest
turning point for kinnars as they have not only been appreciated but have also been offered
opportunity of employment by society.
The Researchers further took opinion of kinnars

Kinnars view on employment
on availability of opportunity of employment in
6%
Society. The Data shows that only 6 % of
25%
kinnars are saying that they are having
Yes
opportunity of employment; whereas 69 % of
No
kinnars are denying the fact of having any such
Not Applicable
opportunities in the society. But the surprising
fact is 25 % of kinnars are of opinion that they
69%
do not need any employment.
[Figure 5.8.2: View of Kinnars on having opportunity of employment. (n : 97)]
This 25 % of kinnars consider that employment is not required for kinnars. They have their own
community and way of earning and they are happy with their lifestyle and mode of earning. Here we
may consider that there is difference of response from society and kinnars on employment, one side
society is willing to give such opportunity to kinnars to work and on the other side kinnars are
saying there is not such opportunity of work in the society. One reason for the same can be
education which is very less among kinnars, their access to education is very less and hence they
might be of opinion that there is no scope for their employment.
Page 18
The Study says that only 32

% of kinnars are saying that 68%
80
they have access to
Percentage of access to
education whereas 68 % of 60 32%
education
kinnars are stating that they 40
don’t have access to
20
education. This is indeed a
0
negative thing that only 32 Have access Don’t have access
% of kinnars have access to Kinnar's view on having access to education
education.
[Figure 5.8.3: Kinnars’ view on having access to education. (n: 97)]
This means that kinnars don’t have much access to education. The Researchers found through
observations and further conversations on this topic with kinnars that after certain age if a child is
born kinnar she would out of fear of harassment by other students or because of the feeling of being
different would not be able to continue the education. Perhaps this may not happen if special
schools are established for kinnars to study.
5.9 INFRINGEMENT OF LEGAL RIGHTS OF KINNARS
60 57
50
No. of Responses
40
30 24
20
10
10 6
0 0
0
Lawyer Govt. NGOs Other None Not
Department Applicable
Consulting Person/Organisation at the time of infringment of
legal rights of Kinnars
[Figure 5.9.1: Infringement of Legal Rights of Kinnars and consulting authority. (n : 97)]
Page 19
This Study represents that at the time of infringement of legal rights of majority of kinnars mostly
consult their lawyers to take up the case. Some are of opinion that it is not applicable as they never
get into such circumstances. This can be compared with the responses of court authorities of four
tehsils which shows very few cases being registered against or on behalf of kinnars. Further, few
kinnars are stating that they solve cases in other method which as per the conversations with them is
solution through their own community based way of solution wherein the senior most kinnar would
judge the case and the decision of her shall be bound in any circumstances.
However the options ‘NGOs’ and ‘Govt. Departments’ are not chosen by any kinnar reason being
unawareness about establishment of such organization.
5.10 EQUALIZING KINNARS BY CONFERRING FACILITIES
In favor of providing facilities

Sn
(n : 713)
1. No. %
2. 594 83 %
Facilities
3. Public Toilets Changing/Trial Rooms Seat Reservations in
public transportations
(n : 713) (n : 713) (n : 713)

4. No. % No. % No. %
5. 447 63 % 433 61 % 307 43 %
Not in favor of providing facilities
(n : 713)
6. No. %
7. 119 17 %
[Table 5.10.1: Equalizing kinnars by endowing few facilities. (n : 713)]
The Researchers during the study found that society is also in favor of equalizing kinnars by
endowing facilities for the betterment of kinnars. It has been found that 83 % of Society is in favor
of providing facilities to kinnars whereas 17 % of society is not in favor of providing facilities to
kinnars. (Table 5.10.1) Majority of individuals from Society is of opinion that apart from the
recognition and OBC Status promised in NALSA JUDGEMENT, it is essential to provide basic
Page 20
facilities such as Public Toilets, Changing/Trial Rooms and Seat Reservations in Public Transport.
This comes under the purview of Citizenship bestowed in the aforementioned judgment on which
no steps have yet been initiated by the concerned governmental offices.
Page 21
6. CONCLUSION AND OBSERVATION
The empirical study found that the kinnars are mostly accepted as a part of society. The support
towards the recognition of kinnars by society as ‘Third Gender’ also shows a very positive response.
Howbeit, the responses from kinnars were quite different as more than a half of them opined that
discrimination in society is still prevailing. Even when we see the responses of society about the
adoption of child by kinnars only the age-group of 18-25 Years were positive for such adoption. The
other remaining age-groups did not considered kinnars capable enough to raise a child in a manner
that they raise their children (Fig 5.7.1). Further when it comes to giving employment to kinnars at
home or work place, except the age-group of ‘More than 45 Years’, almost all age-group of society is
willing to give employment opportunities to kinnars (Fig 5.8.1), but this conflicts when 69 % of
kinnars believe that they do not have any such opportunity (Fig 5.8.2).
According to officials of government hospitals, kinnars do visit government hospitals as patients.

Conflicting with this the views of kinnars are very different; as cited by one of the kinnar group
doctors of government hospitals either do not take their case at all or do not give appropriate
treatment when they find that they are transgender. Also as opined by majority of authorities from
courts located in four tehsils of Gandhinagar District kinnars have not been involved in any court
cases in last three years; this shows that kinnars do not involve in any kind of activity which is
against law even after which their protections are at question.
Though it’s believed that kinnars are part of society, the education level of kinnars is very low than
any other individual of society, which has been confirmed when 68% of kinnars opines that they do
not have access to education. This may be the reason that 52% of kinnars are unaware about the
recognition of them as ‘Third Gender’ declared by hon’ble Supreme Court of India; which has an
effect on issuance of government documents with the recognition of ‘Third Gender’ as this report
displays that only 6% of kinnars residing in the district of Gandhinagar have received government
documents with the recognition of third gender.
While considering the NALSA Judgment, the researchers were of opinion that the implementation
would have taken place but the responses received from the concerned authorities represents that it
has not been implemented as directed. There have been very few actual registrations with the
recognition of ‘Third Gender’. The status of ‘Certification of Identity’ has been kept as a prerequisite
Page 22
condition for issuance of government documents with the recognition of ‘Third Gender’ by majority
(Fig 5.4.1) of govt. offices located in the district of Gandhinagar which might have affected the
actual registrations as the kinnar should get such certificates from hospitals after medical
examination which they may not wish to undergo considering it to be a personal matter. It is also a
violation of human rights.
In order to equalize kinnars, as opined by majority of society, few facilities such as Public Toilets,
Changing/Trial Rooms and Seat Reservations in Public Transportations shall be conferred to
kinnars (Table 5.10.1). Apart from this, it has also been observed that there is very less awareness
about various Govt. Policies, Orders, and Policies amongst kinnars. The literacy level is also very
less which is one of the reasons for this community to live unemployed and relying on the
Bhikshavrutti (Begging). As mentioned by the kinnars, the Residence Policy (Aawas Yojana) by
government has no provisions for the kinnars. The problems are also faced by kinnars, subsequent
to their conversion, on name change as the names before conversion relates to other gender than
the one after conversion they face several problems at hospitals, workplaces, educational institutes
etc. Also a big problem is faced on death of a kinnar to bury the dead body as their procedure of
burying is different than Hindus and also a separate land would be required as the usage of others
land would create unnecessary problems. This shows that the fundamental rights guaranteed by
Indian Constitution are violated.
Kinnars share history of almost four thousand years as a part of Indian society. Their status has been
fluctuating with different eras. They were given good positions during ruling of different emperors;
however post British rule they have been criminalized and were also not considered recognized as a
gender other than male or female. The Third Gender recognition has recently been conferred to
transgender which includes kinnars; however several changes at social, legislative and administrative
level are required to be formed as discussed throughout this report as well as in recommendations
and suggestions.
Page 23
7. SUGGESTIONS AND RECOMMENDATIONS
7.1 Speedy Procedure for name and gender change in government documents shall
be introduced for Kinnars.
The Researchers found that though the gender and name change doesn’t take much time as a
procedure, the time consumption in rectifying the same in govt. documents is too much to wait for.
As a result, after undergoing gender change a transgender faces problems while using the govt.
documents at different places. This may be combated if a procedure is introduced in which one
application is considered for changes in all govt. documents of the concerned person. This may not
only help transgender people but also other citizens changing name or surname with one and the
other reason. A welfare department can be established with this regard like in the State of
Maharashtra, creation of commission for the welfare of trans-genders under the Social Justice
Department has been considered.
7.2 Special Reservation and Scholarship Policies shall be introduced for Transgender
People.
The OBC Status conferred to transgender people by NALSA Judgment has yet not been
implemented in totality due to non-enactment of The Transgender Persons (Protection of Rights)
Bill, 2016. Further the CENTRALLY-SPONSORED SCHEME OF POST METRIC
SCHOLARSHIPS FOR TRANSGENDER STUDENTS implemented by Ministry of Social Justice
& Empowerment, Government of India, provides some sort of relief and scholarship other than
reservation under OBC; The Scholarships provided is from central government and every state has
its different scholarship programmes whereas as per the responses of kinnars in Gujarat no such
policy is known to Transgender People or their families; may be due to want of awareness or non
existence of such scholarship in the state. Such Scholarship policies shall be appraised to
schools/colleges to be kept on the notice boards so as to reach to transgender people and their
families.
Further, It is highly recommended that Kinnars shall be given reservation other than OBC as in case
of OBC they should compete with other OBC candidates which goes against the principle of
equality as the number of kinnars is very less than the number of OBC Candidates; Further it may
happen that a kinnar is born in SC or ST Category and S/he may not change his documents and
Page 24
status because he would not get equivalent reservations as of SC or ST after being changed as OBC.
This will either prevent such person from declaring his or her original status (i.e. transgender) to
receive the reservations of SC/ST or if s/he declares then it would prevent her or him to receive the
entitlement of being born in SC/ST community. Hence a separate reservation for transgender
community shall be introduced in order to ensure equal justice for all.
7.3 Separate Lands be allotted to bury the dead bodies of kinnars.

The observation of this study represents that kinnars do not have special lands allotted to bury the
dead bodies of other kinnars. Since the procedure and culture followed by kinnar communities are
different then other religions. Kinnars following Hindu religion do not get space in Muslim,
Christian or Hindu Cremation grounds as it is not allowed for them. This problem has been faced
by them since the time immemorial. Gujarat Government shall actually allot lands to kinnars for the
purpose mentioned above.
7.4 Actual allotments of residence shall be ensured to Transgender People under the
PRADHAN MANTRI AWAS YOJANA SCHEME implemented by Ministry of
Housing & Urban Poverty Alleviation, Government of India.
The Pradhan Mantri Aawas Yojana Scheme implemented by Ministry of Housing & Urban
Alleviation, Government of India do recognize Transgender People as beneficiary, however the
responses received from Transgender during the study represents that no actual allotment took place
over last two years. The Gujarat Government shall ensure the actual allotment to Transgender
People in order to ensure equal justice.
7.5 HIV awareness and treatment camps shall be organized for kinnars.
Transgender people, particularly Kinnars or Hijras, are vulnerable to HIV infection. The secondary
data12 suggests that, in relation to their population size, Kinnars are among the most heavily affected
populations across the world. Due to being HIV positive, apart from other related health issues,
transplantation surgeries post the conversion are very hard but the inclination towards the
conversion lead kinnars to choose such surgeries which has its own risk and associated problems.
12 Chakrapani, Venkattesan, ‘Hijras/Transgender Women in India: HIV, human rights and social exclusion’, United Nations
Development (UNDP), India, Dec-2010; available at -
http://www.undp.org/content/dam/india/docs/hijras_transgender_in_india_hiv_human_rights_and_social_exclusion.
pdf; accessed on June 29, 2017.
Page 25
The trend of HIV infections creates significant challenges to designing effective prevention
programs, directing resources, and tracking progress in this population. HIV prevention for
transgender people is a core priority of the National HIV/AIDS Policy. As a part of its High-Impact
Prevention approach, the Public Health Departments, other National agencies and community
workers should address key gaps in HIV prevention and care for kinnars.
7.6 Policy for free Gender Change Surgery may be introduced.

Gujarat government may introduce a free gender change surgery policy for Kinnars. As these people
are normally abandoned by their families and are left on streets due to which they do not have
sufficient money for such surgeries which may encourage them to go for in-house non medical
surgeries which usually are either self-operated or operated by other transgender which has its own
challenges like Swelling, drainage of blood, bruises, infections, lymphedema, organ dysfunction etc.
This may further be achieved by establishing special wards in government hospitals for kinnars to
give equal treatment in society like the Health and Family Welfare and Medical Education
Department, Bangalore did in the year 2013.
7.7 In order to provide equal opportunities to transgender people, Schools/Coaching

Centres/Teaching Institutes shall be established by Gujarat Government.
In India, Transgender people are usually dropped out from their schools when they become aware
about their gender because of the shame and harassment from the co-students; also they are
abandoned by their families which lead them to beg and to do sex work. In order to provide equal
opportunity of employment through education to this minor group Concerned Department of
Gujarat Government shall take initiatives of aiding and promoting establishment of
Schools/Coaching Centres/ Teaching Institutes/Training Centres. The structure and methods of
the Sahaj International School, Kochi, India’s first school for transgender people, may be followed.
Apart from education, the training of soft skills, stitching, organic farming, oration, and personality
development shall be concentrated for better opportunities to transgender people.
Page 26
7.8 Livelihood Polices for transgender be introduced.
Although this report found that Society has become more transgender friendly the challenges of
their livelihood still persist. To combat such situation transgender people shall be equally treated for
better employment after accomplishing their education with the support of govt. sponsored
programmes. Various employment opportunities shall be created for transgender people.
7.9 The Recognition of ‘Third Gender’ conferred by NALSA Judgment shall be

implemented in totality.
The Recognition of Transgender as ‘Third Gender’ has been conferred by hon’ble Supreme Court in
NALSA Judgment; however it seems the overall implementation has not been made. The
Application form of GSET Exam 2017 did not have an option of Third Gender in the Category of
Gender. Similarly the online application form Customer Information Section, SBI provides option
of ‘Transgender’, other than male and female, rather than ‘Third gender’ which is actually being
recognized by the Supreme Court. The Same has been followed in the Application forms of
‘Aadhaar Card’ and ‘Passport’ wherein the third option in the category of gender is ‘Transgender’
and not ‘Third Gender’ as specifically declared in NALSA Judgment Para 129 (2) and (3). Since the
term ‘Transgender’ has been considered as an umbrella term which describes persons whose gender
identity, gender expression or behavior does not conform to their biological sex; hence it would be
appropriate if the term ‘Third Gender’ is inscribed as a third option in the application forms. The
Gujarat Government shall take necessary steps to incorporate the NALSA Judgment in appropriate
manner.
***
Page 27
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Principal Investigator: Mr. Shrut S. Brahmbhatt, Assistant Professor of Law,

UNITEDWORLD SCHOOL OF LAW

1. Acharya Mahimn Dharmeshbhai 19. Mehta Divij Saurabh

Mr. Shrut Brahmbhatt Dr. Sonia Shali

‘Transgender Identity: Socio-legal position in the district of Gandhinagar’ is a Minor Empirical

SN. CONTENT PAGE NO.

1.1 PURPOSE OF STUDY

7 NALSA Judgment, Supra note 1.

1.2 AIMS & OBJECTIVES

1.2.1 Extent of implementation of Directions and Guidelines issued by Hon’ble

As discussed above, there is ineffective implementation of directions and guidelines stated by

1.2.2 Social Position of kinnars in the Gandhinagar District

The Research includes the following methods:

2. THE APPROACH TOWARDS KINNARS OR HIJRAS

3. IDENTIFICATION AND SHORTCOMINGS

3.1 Validity and Reliability

3.2 ‘Representativeness’ of Sample Group

4. TEHSIL WISE RESEARCH

18-25 Years 270

26-35 Years 207

36-45 Years 130

More than 45 Years 106

0 50 100 150 200 250 300

8 Gandhinagar District Panchayat, https://gandhinagardp.gujarat.gov.in/gandhinagar/english/index.htm accessed on

5.1 SOCIAL ACCEPTANCE OF KINNARS

of kinnars as citizens and gender 250 226

identity declared by hon’ble Supreme 200

[Figure 5.2.1: Social view on recognition of Kinnars as Citizens. (n : 713)]

5.3 AWARENESS OF KINNARS ABOUT ‘THIRD GENDER’ RECOGNITION

Recognition of Kinnars as 'Third The empirical study found that only 48 % of

11 NALSA Judgment, Supra Note 1.

5.4 ISSUANCE OF GOVT. DOCUMENTS WITH THE RECOGNITION OF

(n : 07) (n : 07) (n : 05)

The Data received from Kinnars reveals

surveyed, 94 % have yet not applied for Not Applied

documents with the recognition of

with the data received from the

5.5 KINNARS PRESENCE AT PUBLIC PLACES

Table 5.5.1: Society’s View on admiring presence of kinnars at Public Places

5.6 AGE WISE CLASSIFICATION OF FAMILIAL REVERENCE FOR

(n : 270) (n : 207) (n : 130) (n : 106)

5.7 ADOPTION OF A CHILD BY KINNARS

to consider kinnars as a part of

[Figure 5.7.1: Child Adoption by Kinnar. (n : 713)]

This Study reveals that the view 200

on kinnars’ employment is quite

The Researchers further took opinion of kinnars

[Figure 5.8.2: View of Kinnars on having opportunity of employment. (n : 97)]

The Study says that only 32

[Figure 5.8.3: Kinnars’ view on having access to education. (n: 97)]

5.9 INFRINGEMENT OF LEGAL RIGHTS OF KINNARS

5.10 EQUALIZING KINNARS BY CONFERRING FACILITIES

In favor of providing facilities

(n : 713) (n : 713) (n : 713)

[Table 5.10.1: Equalizing kinnars by endowing few facilities. (n : 713)]

6. CONCLUSION AND OBSERVATION

According to officials of government hospitals, kinnars do visit government hospitals as patients.

7. SUGGESTIONS AND RECOMMENDATIONS

7.3 Separate Lands be allotted to bury the dead bodies of kinnars.

7.6 Policy for free Gender Change Surgery may be introduced.

7.7 In order to provide equal opportunities to transgender people, Schools/Coaching

7.8 Livelihood Polices for transgender be introduced.

7.9 The Recognition of ‘Third Gender’ conferred by NALSA Judgment shall be