Editorial 1 : Centres of inclusion
Introduction: The All-India Institute of Medical Science (AIIMS), New Delhi, recently announced its plans to open a Centre of Excellence for transgender healthcare in 2024.
Status of transgender people in India
- Transgender people have been historically discriminated against and marginalised — pathologised and labelled mentally diseased.
- They have been subject to unscientific and inhuman practices like “conversion therapy” by medical practitioners.
- The community lacks access to healthcare because of structural barriers like exclusionary infrastructure, lack of services and trained and sensitised healthcare workers.
National Legal Services Authority (NALSA) vs. Union of India (2014)
- The landmark judgment of National Legal Services Authority (NALSA) vs. Union of India (2014) holds immense significance for the transgender community in India.
Recognition of Transgender Identity:
- The Supreme Court, for the first time, legally recognized "third gender" or transgender individuals. This recognition broke the binary male-female system and acknowledged diverse gender identities.
- The court differentiated between "sex" (biological attributes) and "gender" (self-perception). This distinction was crucial in establishing the right to self-identify one's gender.
Fundamental Rights:
- The judgment declared that transgenders are entitled to all fundamental rights guaranteed by the Indian Constitution, including Articles 14 (equality), 15 (non-discrimination), 19 (freedoms), and 21 (right to life).
- This meant they could no longer be discriminated against based on their gender identity in areas like education, employment, healthcare, and access to public spaces.
Specific Directions:
- The court issued specific directions to the government for the welfare and upliftment of the transgender community. These included:
- Inclusion of "transgender" as a third gender option in official documents, like identity cards and voter IDs.
- Reservation in educational institutions and government jobs.
- Welfare schemes and access to healthcare facilities.
- Public awareness campaigns to combat stigma and discrimination.
More policies on transgender people in India
- In 2019, Parliament enacted the Transgender Persons (Protection of Rights) Act that re-emphasised the role of governments in holistic healthcare services to the community — providing sex reassignment surgery, hormone therapy, counselling services, HIV sero-surveillance and mental health services.
- It also asked for a review of the medical curriculum and medical research that caters to transgender persons.
- Most importantly, it called for facilitating trans peoples’ access to hospitals and healthcare institutions.
- The Transgender Persons Rules, 2020 added that state governments shall ensure the provision of separate wards and washrooms for transgender people in hospitals by 2022.
- It asked states to undertake the sensitisation of healthcare professionals and directed the publishing of an equal opportunity policy and notification of a complaint officer by every establishment.
- It also suggested that at least one government hospital in a state should provide safe and free gender-affirming surgery and related services.
Limitations of states’ effort
- Transgender people are legally guaranteed equal access to healthcare. Yet, it is denied.
- State policies in primary and secondary healthcare have made no effort to ensure access for the community.
- Mental healthcare continues to be dominated by tertiary institutes that have failed to provide for gender-diverse people.
- When it comes to gender-affirming procedures, some private providers have stepped in to tap into the lucrative market of sex reassignment surgeries but government hospitals, including AIIMS, have largely stayed away.
- Under such circumstances, the plan to open a Centre of Excellence at AIIMS-Delhi is a welcome step.
- It, however, would fulfil some needs of some transgender people and should not be considered a panacea for all ills.
Way forward
- The Transgender Act makes it mandatory for a transgender person to undergo surgery to change their gender within the binaries of male and female.
- This is in contravention of the NALSA judgment, which states that any insistence on sex reassignment surgery for declaring one’s gender is illegal.
- There is a misplaced focus on tertiary care and surgical procedures.
- This is pushing transgender people to undergo surgery to get a binary gender marker.
- Certain documents in India, such as the passport, still do not have the provision of transgender as a gender marker.
- The aim should be to cater to felt needs for surgery rather than coercing people into it to gain legal recognition.
- One centre cannot cater to the needs of transgender people across India.
- All government medical colleges and hospitals in India should provide gender-affirming services.
- This must be in addition to quality, inclusive, and accessible primary and secondary healthcare.
- Institutions aiming to be Centres of Excellence must comply with legal necessities like transgender-inclusive wards, washrooms, equal opportunity policy, and grievance mechanisms.
- The medical curriculum needs revision to serve the needs of gender-diverse people.
Conclusion: We need more Centres of Inclusion providing essential healthcare at grassroots levels than Centres of Excellence at premier institutes.
Editorial 2 : Market-positive
Introduction: A day after results of the latest round of state elections showed that the BJP had strengthened its position in the Hindi heartland, sweeping three states, stock markets surged to new highs.
Reasons for the new record of Sensex
- The BSE Sensex rose 1,383 points (2.05 per cent), ending the day at 68,865, indicating, possibly, how investors view the political scenario, going into the general elections next year.
- This exuberance in the markets can also be traced to recently published data that points towards improving economic conditions.
- The GDP data released last week showed that the Indian economy had grown at 7.6 per cent in the second quarter of the ongoing financial year, surpassing expectations.
- Inflation has also moderated in the country, with the consumer price index falling to 4.87 per cent in October, and core inflation, which excludes the volatile food and fuel components, also easing.
- There were some fears that a poor performance of the BJP in these elections would increase the risk of fiscally imprudent announcements in the run-up to the general elections.
- These are likely to have receded to some extent, though whether or not such policies are completely off the table remains to be seen.
- The external environment also looks encouraging. Concerns over crude oil prices surging following the conflict in West Asia are diminishing. Crude oil is currently trading at less than $80 a barrel.
- The US economy is faring better than expected, reducing fears of a hard landing.
- The 10-year US government bond yield has fallen, after hovering around 5 per cent.
- Inflation has eased considerably in the US and parts of the developed world.
- In the US, it has cooled to 3.2 per cent in October, while in the Eurozone it stood at 2.9 per cent.
- There are expectations in certain corners of the market of a further strengthening of sentiment owing to these expectations of political and policy continuity and improving domestic and global economic conditions.
- Foreign investors also appear to have changed tack. After being net sellers in September and October, foreign portfolio investors pumped in Rs 9,001 crore in November.
- Later in the week, the monetary policy committee will meet for the last time this calendar year.
- Most expect the MPC to maintain status quo on rates, considering the current macroeconomic environment.
What can be done to sustain the rise in Sensex in India?
Economic Growth:
- Maintain high GDP growth: India's strong economic growth, currently the fastest among major economies, fuels investor confidence and drives corporate profits. Sustaining this momentum through infrastructure development, reforms, and export promotion is crucial.
- Manage inflation: While inflation is currently under control, rising prices can erode corporate profits and investor sentiment. Maintaining a balance between growth and inflation is vital.
Corporate Performance:
- Continued earnings growth: Companies need to deliver consistent and healthy earnings growth to justify high valuations and attract further investments. This requires effective management, innovation, and focus on export markets.
- Improved corporate governance: Transparency, accountability, and strong ethical practices are essential for building trust and attracting long-term investors.
Market Regulations:
- Robust regulatory framework: A well-functioning and efficient regulatory system ensures fair market practices, protects investors, and attracts foreign capital.
- Easing regulations for startups and SMEs: Simplifying regulations and providing access to funding can unleash the potential of young businesses and drive innovation, a key driver of future growth.
Financial Inclusion:
- Broadening investor base: Increasing financial literacy and facilitating investments by retail investors can diversify the market and reduce dependence on foreign inflows.
- Developing alternative investment avenues: Expanding access to products like mutual funds and pension schemes can channel savings into productive investments and bolster market stability.
Global Factors:
- Manage external risks: Geopolitical tensions, global recessionary trends, and fluctuations in commodity prices can impact investor sentiment and market volatility. Proactive measures to mitigate these risks are essential.
- Strengthen trade partnerships: Free trade agreements and strategic partnerships can boost exports, attract foreign investments, and enhance India's global economic position.
Conclusion: BJP victories in three states shows expectations and perceptions of reduced political and policy uncertainty and market has responded positively. However, markets will be looking to the central bank for guidance on liquidity, its views on the country’s growth-inflation trajectories, and whether and to what extent it revises upwards its growth forecast after the better than expected second quarter data.