Transwoman Takes a Stand: Challenging AIIMS Admission Policy for Masters Course

New Delhi—  Anisha (pseudo name), a transgender woman who achieved an impressive AIR 11 rank in the All India Institute of Medical Sciences (AIIMS) entrance examination last year, was denied admission due to the absence of a separate reservation policy for transpersons. 

Her subsequent attempt to secure admission was met with a narrow margin of failure, further exacerbating concerns about her future. Facing societal pressure, Anisha's parents have distanced themselves from her after she revealed her gender identity as a transperson. 

These circumstances have prompted Anisha, along with senior advocate Arundhati Katju and advocate Diksha Dadu, to file a petition in the Delhi High Court, seeking a separate seat or reservation policy for transpersons in the AIIMS Masters' of Science in Human Embryology course.

Anisha, who holds a Bachelor's degree in Zoology (Hons.) from Delhi University, experienced the setback in her AIIMS admission due to the absence of horizontal reservation for transgender individuals. Last year, the AIIMS selection was limited to the top six candidates, excluding Anisha from the opportunity.

This case highlights the significant disadvantage faced by transgender individuals in a system where reservations are primarily based on the caste system. The transgender community argues that gender and caste are distinct issues and it is not necessary for transgender persons to belong to a specific caste. They come from various caste backgrounds, making their demand for horizontal reservation increasingly urgent.

Forced Into Survival Sex Work

The Mooknayak spoke with Anisha to gain insight into the challenges she has faced since disclosing her gender identity. Anisha revealed that she had severed ties with her family due to societal non-acceptance. 

Consequently, she has been unable to meet them. To sustain her livelihood, Anisha reluctantly engaged in sex work as she had no other means to support herself financially.

Anisha expressed the pressing need for horizontal reservation, stating, "We desperately need reservations to secure a place in society. The government has provided reservations to minorities, but what about us? We are invisible. Our community is even more marginalized than the minorities in India."

Anisha further remarked that the current regime under Prime Minister Modi would not support the transgender community's fight for their basic rights.

She cited the brutal treatment of prominent wrestlers who demonstrated against a sexual harassment complaint involving a BJP MP and the Wrestling Federation of India's chief. According to Anisha, this regime disregards the existence of the transgender community and their demands.

Striving for Inclusion and Equal Opportunities

Transgender Community has been continuously fighting for their demand to enact horizontal reservation for transgender persons. The community along with several other social help groups and NGOs is continuously demonstrating and doing the best in their capacity for the government to consider their demands. Since transgender persons also have the right to live a normal life like their other male and female counterparts are living, their only identity remains sex work, begging & dancing, and singing on auspicious occasions, and getting some money in return.

The demand for horizontal reservation is important as transgender persons have the right to live with dignity and get proper opportunities in comparison to other people out there, and they don’t get these opportunities and reservations as other people belonging to other communities.

There is a significant increase in the demand for horizontal reservation for the transgender community similar to how most Indian states give it to women. This is due to the fact that the reservation will give them access to government employment possibilities, which will allow them to assimilate into society more generally.

Economic Exclusion & Educational Barriers Plague Trans Community

According to the NHRC, transgender persons are denied the right to engage in any type of economic activity in 92% of cases.

A 2018 research by the National Human Rights Commission found that 96% of transgender people have been refused employment. Additionally, they are made to perform offensive tasks like begging, sex work, and livelihood.

According to the first-ever research on transgender rights, 92% of transgender people in the nation are denied the ability to engage in any type of economic activity. Even worthy candidates are turned down for positions.

Due to the significant persecution they also experience, 50–60% of transgender people never started school or dropped out. According to NHRC research, 52% of transgender people were compelled to stop their further education by their classmates and 15% by teachers.