In 2008, when I (Aqsa) had to pick my medical specialisation, I chose a subject that could be pursued without staying in a hostel. As a transgender woman, only a men’s hostel was on offer to me, which was not acceptable. I was fortunate that I could complete my post-graduation but not everyone is. A decade later, Nivedhiya Anand, a tribal, intersex, and transgender student from Kerala dropped out of school, where she was put up in a boy’s hostel, due to mental harassment.
The recent announcement by NALSAR University, Hyderabad, on the creation of a gender-neutral space in its hostel has generated a buzz for the right reasons. This, along with gender-neutral washrooms and a proposed policy on inclusive education for gender and sexual minorities, is the outcome of honest conversations with the students. Two recent cases need focus when talking about accommodation for transgender students in hostels at universities. Yashika, an MA student at Panjab University, frustrated with the university for not being able to provide her hostel accommodation, had to approach the Punjab and Haryana High Court, which issued a notice to the university. In another PIL, filed before the Karnataka High Court, Trinetra Haldar Gummaraju, a medical student from Manipal University, has filed a case against the state government after being denied accommodation in the girls’ hostel even when she had changed her sex legally to female on her ID card. The university insisted that she get a sex reassignment surgery done before she is allowed in the girl’s hostel, denying her the right to self-determination, as provided by the 2014 NALSA judgment of the Supreme Court.
Even as inclusive spaces are created, we should be mindful of the intersectionality within queer communities. One, the presence of such facilities should not curtail the legal right of transgender men and women to get accommodation in men’s or women’s hostels, just like the presence of gender-neutral toilets should not be used to stop transgender men and women from using men’s or women’s washrooms. Secondly, such spaces should be accessible to persons with disabilities. Additionally, while such facilities give much-needed visibility to queer people and their issues, it can also expose the community to queerphobic attacks. University administration must pay special attention to the security of queer students on campus.
While infrastructure is essential for creating safe and inclusive places, we cannot underplay the importance of changing mindsets. There is a need for the sensitisation of students, teachers, and staff in all educational institutions, from primary schools to universities, on understanding and accepting queer and transgender folks. India has taken a step in the right direction by enacting the Transgender Persons Act, which speaks of a trans-inclusive education system wherein transgender students learn with other students without fear of discrimination, neglect, or harassment.
The National Education Policy 2020 speaks about providing equitable and quality education to transgender students. While that’s a progressive vision, it misses out on students from other queer identities. Such an omission is not just dangerous but can also be fatal, as in the case of a teenage student from DPS, Faridabad, who died by suicide, after being bullied by other students for his sexuality.
Creating safe educational spaces also demands that we change queerphobic curricula. It took a reprimand from the Madras High Court for National Medical Commission to issue a directive to medical colleges, faculty, and authors of textbooks to eliminate queerphobic content from books and pedagogy.
The step taken by NALSAR should nudge other educational institutes to consult stakeholders, especially queer-identifying students and staff, to undertake holistic changes for creating queer-affirmative campuses. Infrastructure, policies, and curricula need a thorough revision for creating not just gender-neutral but gender-positive learning spaces. In 2022, we owe this to our sexual and gender minorities.
Written by Aqsa Shaikh , Raghav Shukla
Shaikh is Associate Professor, Community Medicine, Jamia Hamdard, Delhi and Shukla studies at the Campus Law Centre, University of Delhi
Source: Indian Express, 5/04/22
