Transforming SRHR: Analysing gaps in law and policy on contraception and abortion for young transgender men and masculine persons in India
摘要
This paper sheds light on the crucial yet often overlooked issue of sexual and reproductive health and rights (SRHR) for transgender men and transmasculine persons (TMMPs) in India. Historically, SRHR policies and laws in India have predominantly focused on cisgender populations, leading to a dearth of attention towards the unique needs of TMMPs. Even though the Transgender Persons (Protection of Rights) Act was enacted in 2019, and which was drafted to ostensibly safeguard transgender rights in India, the law still lacks specific provisions addressing the SRHR needs of TMMPs. This paper employs a comprehensive methodology, combining quantitative and qualitative data analysis, to examine the SRHR related needs, issues, experiences of TMMPs, and barriers to accessing SRHR faced by TMMPs. It also scrutinises the Medical Termination of Pregnancy (Amendment) Act 2021 in conjunction with the Transgender Persons Act 2019 to highlight the shared criticisms from abortion rights and transgender rights advocates. The paper emphasises the urgent need for trans-inclusive policies, sensitisation of healthcare providers and policymakers to the lived experiences of transgender individuals, and collaborative efforts between SRHR and transgender rights movements to address the gaps in the Indian legal framework. It also calls for a more intersectional approach to analysing laws and their impacts on marginalised communities. By rectifying these inadequacies, India can ensure equitable access to SRHR services for TMMPs, ultimately contributing to a more inclusive and just society. This research aims to serve as a valuable resource for activists, civil society organisations, legal professionals, and healthcare providers striving to create a more inclusive and accessible SRHR landscape for young transgender men and masculine persons in India.