Advocating For An Affirming Future
Author: LawSphereX
Category: Criminal Law
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ADVOCATING FOR AN AFFIRMING FUTURE
Jheel Nagori, B.A.LL.B. (Hons.), Institute of Law, Nirma University, Ahmedabad
ABSTRACT
Every human needs to practice self-care and resilience to be able to seize all their days with the best memories. As we are progressing towards launching AI-based cars and whatnot, we also need to progress in matters related to freedom of self-representation in human beings. Everyone should get the freedom to represent themselves in their true manner. Transitioning or coming out as a trans person is hard and when the whole society except some is against you, telling you that your whole identity is false, and you are doing it just for show or they are mentally ill. Navigation through challenges put up by society and still maintaining self-care and resilience is a tough task.
Self-care for a trans person is not just reading their favorite book or going on a walk, it's more than that, it is something intervened with their identity as a trans person and finding representation for themselves. Acknowledgement of their identity in a positive way is fruitful towards them and the whole LGBTQ+ community. Resistance and protest are powerful ways through which trans people advocate for their rights. The right to be recognized by the law of the country provides them with their rights and gives them their rightful place in society. The resilience of trans people to advocate for their rights while being subjected to so much violence physically, mentally, and emotionally and still choosing to face the adversities to make this world a better place for the coming generations.
This advocacy and activism done by trans people for their rights does not only benefit them but also the rest of us. This activism of rights creates tangible change but also creates a sense of community belonging. To conclude in the full circle, this advocacy of rights is a challenge to injustice, and intersecting forms of systematic discrimination, creating a space where joy and solidarity exist. This solidarity creates an amplifying voice, building inclusive communities therefore paving the way for an equitable future with affirming rights. Keywords: Resilience, Self-representation, Self-Care, Trans Gender people
Introduction
The narrative of trans individuals has always been through the lens of struggle, suffering and negative perspective focusing on discrimination, adversities, systematic barriers faced by them in the society. But as to counteract and to live their life with their identity is to practice selfcare and resilience to affirm one’s own identity. This research paper is focused on self-care, self-discovery, coming out and trans gender joy and resilience etc. The term “Trans” is short form for “Transgender”, which is an umbrella term that is used for describing people whose gender identity differs from the sex they were assigned at birth. Gender identity is an individual’s personal sense of their own gender. Assigned sex at birth is the sex label that is given to a baby based on physical anatomy at birth.
It is often assumed to reflect the person’s future gender identity, but for trans individuals, it does not align with their true gender identity. The process of transition is the way through which some transgender people go through to live as the gender with which they identify. It’s also important to distinguish between gender identity and sexual orientation. Gender identity is about who you are, and sexual orientation is about who you are attracted to. A transgender person can have any sexual orientations. Not all transgender people identify strictly as male or female. Some may identify as non-binary (a gender identity which does not fit in the traditional binary of male and female) or gender queer (a term used to describe a variety of gender identities that are outside the conventional male and female).
Understanding and respecting transgender identities involve acknowledging and supporting the diversity of gender experiences. Literature review Research conducted by Kai Jacobsen and Aaron Devar named “MOVING FROM GENDER DYSPHORIA TO GENDER EUPHORIA, Trans experience of positive related emotions sought to understand how trans people describe positive emotions in relation to their gender, to contribute to gender euphoria. According to it, it was found that gender euphoria refers to positive emotions resulting from affirmation of one’s own gender identity or expression and can include a wide variety of emotions. They conducted a qualitative interview with five trans individuals and then contextualized it within the gender minority stress model to explore link between gender euphoria and gender dysphoria.
”1 “A little shiny gender breakthrough”: Community understandings of gender euphoria, an article written by Will J. Beischel, Stephanie E. M. Gauvin and Sari M. van Anders. “They wanted a better understanding on hoe trans community members and others conceptualized the term “gender euphoria”, including its relationship to gender dysphoria. They administered an online qualitative survey to participants (N=47) of diverse sexualities and gender/sexes who had heard of or used the term gender euphoria. Participants answered open ended questions about where they had heard the term being used, how they would define gender euphoria and gender dysphoria. ”2 An article “From gender dysphoria to gender euphoria: An assisted journey” written by E. E. P. Benestad MD.
“The author is an open transperson, a medical doctor, a family therapist, and a sexologist, who has worked personally and professionally with issues of gender identity for decades. The quality of being an open transperson has inspired clients to include information they otherwise would have believed contrary to their goals in therapy. Gender therapy does not aim at changing the client’s perception of self but at changing the clients’ surroundings perception of the client. Gender therapy is seen as an assisted process where one moves from an unsatisfying to a more satisfying state of living. Since culture and society have a foul tendency to sanction negatively gendered expressions that do not conform to the binary, all therapeutic work focused only on the individual may be futile, because the individual will not be gender affirmed by the surroundings.
This paper offers some clues as to how positive gender belonging can be established. ”3 In the book “An Intersectional Approach to Sex Therapy” written by, Jaxx Alutalica talks about “exploring techniques and approaches for clinicians working with transgender and gender non-conforming individuals who experience gender dysphoria or are seeking to experience more gender affirmative embodiment in personal pleasure, social dynamics, interpersonal relationships, and identity expression. By taking an approach that aims at decolonizing gender 1 Jacobsen, Kai, Devor, Aaron. 2022. "Moving from Gender Dysphoria to Gender Euphoria: Trans Experiences of Positive Gender-Related Emotions. " Bulletin of Applied Transgender Studies 1 (1-2): 119-
143. https://doi.org/10.57814/ggfg-4j14 ( Preferred citation)
2 Will J Beischel, Stéphanie EM Gauvin and Sari M van Anders, ‘“A little shiny gender breakthrough”:
Community understandings of gender euphoria’ [2021] International Journal of Transgender Health 1, XXXX accessed 18 August 2024. 3 EEP Benestad, ‘From gender dysphoria to gender euphoria: An assisted journey’ (2010) 19(4) Sexologies 225, XXXX accessed 18 August 2024. by deconstructing the colonial narrative of gender identity and expression. While this book is aimed at people of indigenous or POC (People of color) identities, the language and approaches are effective for anyone seeking to move beyond a problematized understanding of their gender towards synthesizing a more liberated, self-constructed understanding of gender euphoria and personal expression.
”4 The article “Honoring Expansive Visibility: A Journey of Self-Discovery as a Trans Man*”, written by Lu Lukah Orona talks about how in recent years, “the visibility within the transgender community has blossomed into a vibrant tapestry of diversity and inclusivity. It’s a beautiful spectrum where identities flourish, transcending conventional boundaries and challenging societal norms. This visibility is more than just a recognition, its profound selfdiscovery, empowerment and self-love. He shared his own story of self-discovery to selfacceptance to self-love.
”5 Research article “Beyond Resilience: Trans Coalitional Activism as Radical Self-care” written by Elijah Adiv Edelman, studies about “the queer and trans suffering, resilience, care and vitalities are invariably and investigations into difficult and painful articulations of life that feel worth living and deaths that feel okay dying. Embracing the concept of trans vitalities is not simply a refusal or disposal of projects of normalization or the commodifiability of trans rights but, rather, a vigilance toward the violently homogenizing expectations of heterogeneity of lived experiences. ”6 “Strength in the face of adversity: Resilience strategies of transgender individuals” is research done by Anneliese Singh, Danica G. Hays and Laurel B. Watson. “They inquired 21 transgender individuals about their lived experiences.
Through individual semi structured interviews and 1 focus group interviews, the authors identified five common resiliency themes 4 James C Wadley and others, Intersectional Approach to Sex Therapy: Centering the Lives of Indigenous, Racialized, and People of Color (Taylor & Francis Group 2022) XXXX. 5 Lu Lukah Orona, ‘Honoring Expansive Visibility: A Journey of Self-Discovery As a Trans* Man - California LGBTQ Health & Human Services Network’ (Honoring Expansive Visibility: A Journey of Self-Discovery As a Trans* Man, 29 March 2024) accessed 18 August 2024. Elijah Adiv Edelman, ‘Beyond Resilience’ (2020) 38(1) Social Text 109, XXXX accessed 18 August 2024. and 2 variant themes.
”7 “It saves lives”: Peer support and resilience in transgender and gender diverse communities is research done by Hannah Kia, K Kenney, Kinnon Ross MacKinnon, Alex Abramovich, Travis Salway, Olivier Ferlatte, Rod Knight, Grand Charles and Shiela K. Marshall. “The highlights of the research were how peer support builds resilience in transgender and gender diverse (TGD) people. TGD peer support encompassing the connection, sharing, constructing and thriving of trans people. TGD persons leverage peer support to navigate intersecting systems of oppressions. Gender-affirming care needs to consistently include access to peer support. ”8 Celebrating gender identity Some people say that these different gender identities are weird and too complex for humans to understand, therefore they are just an act, or something made up of by people just for fun.
But the truth is that humans are complex, everything surrounding us is complex. The only point is that the level of understanding these complex things increases with time, for example, we first learn basic mathematics in school which is addition, subtraction, multiplication, and division. Then we move to trigonometry, then we move to probability, integration and all. Even in science we do the same, we first learn three states of matter, then we learn periodic table then we move to learn complex atomic models. So, if with time and a little bit of concentration we can learn complex topics in science and math we can also learn about different gender identities and sexual orientations.
The fear most people have with trans people regarding their gender identity is that they don’t understand any gender identity except the traditional binary norm, therefore the need of education on this topic and awareness is needed. Transphobia refers to fear, hatred, or discrimination towards trans individuals or those who are perceived to not conform to traditional gender norms. Due to transphobia, trans people have to go through harassment, physical abuse, mental abuse, bullying, discrimination such as derogatory remarks, name-calling, refusal of services.
Trans individuals also have to go through legal barriers like difficulty in changing their name in legal identification documents, 7 Anneliese A Singh, Danica G Hays and Laurel S Watson, ‘Strength in the Face of Adversity: Resilience Strategies of Transgender Individuals’ (2011) 89(1) Journal of Counseling & Development 20, XXXX accessed 18 August 2024. 8 Hannah Kia and others, ‘“It saves lives”: Peer support and resilience in transgender and gender diverse communities’ [2023] SSM
Qualitative Research in Health 100264, XXXX accessed 18 August 2024.
insufficient legal protection or employment discrimination where there is bias in in hiring practices, promotions or day to day tasks. The impact of transphobia on trans individuals is not just mentally or emotionally but also in economic ways, healthcare costs or isolation from people. To battle with transphobia and the effects of it, trans individuals need to stay resilient and find joy and celebrate their gender identity as, the joy and celebration are closely related to affirmation of one’s own gender identity, self-discovery, coming out and transitioning. These experiences play an important role in emotional well-being and resilience. These moments are often characterized by emotional upliftment referred to as gender euphoria.
Gender euphoria is the positive state experienced when an individual’s gender identity aligns with their external expression, and it plays a huge role in understanding the psychological and social dynamics of transgender lives. Gender euphoria is a term for describing profound sense of relief, relief and satisfaction experienced by individuals when their gender identity aligns with their external expression. Gender euphoria is the key aspect of the transgender experience. It contrasts sharply with the gender dysphoria, which involves distress and discomfort arising from a mismatch between one’s gender identity and their physical appearance or societal expectations.
While transgender individuals often face social stigma, personal struggles with body dysmorphia, moments of self-care, joy, discovering one own’s self and affirmation of identity plays a crucial role in their happiness, well-being and resilience. Self-discovery can bring happiness and emotional relief as individuals align with their external selves with their internal sense of identity. Process of coming out further gives a boost of affirmations and authenticity which improves their mental wellbeing. Self-discovery is a foundational part of experiences of a trans individual, it starts the marking of the journey from internal confusion or discomfort to a clear understanding of one’s own gender identity. The individuals finally start to experience a huge sense of relief that emerges from recognizing and embracing their true gender.
Self-discovery is an emotionally transformative process leading to increased self-esteem. This phase is the alignment between the internal self and external expression. The act of coming out is another significant milestone, this involves revealing one’s true gender identity to others, parents, siblings, friends and family. A process which can be both liberating and challenging. For many trans individuals, this moment is filled with struggles with rejection or detachment from family, they might come around sometime later but it is a difficult task to achieve. The gender euphoria stems from validation and acceptance of others as well as personal satisfaction of the individual living openly. Affirmation of one’s own identity can be done through medical transition, dressing up in a certain way you feel comfortable in, changing one’s name legally, participating in pride parades.
The resilience building in internally is important to build self-esteem to get through all the struggles of transition, acceptance, coming out. Gender euphoria acts as a positive factor helping individuals cope with societal challenges and personal adversities. The positive emotions associated with this contribute to enhanced mental health and greater resilience. Self-care and resilience building is necessary for a trans individual as it is not easy to cope up with so many different emotions, mental challenges, physical dysmorphia, rejection, selfdoubt, facing discriminatory behaviors and more. To help and cope up with all these challenges it is essential to practice some sort of self-care practices to strengthen and be resilient.
Self-care practices Engaging in mindful activities such as meditation, mindful breathing, deep breathing exercises and yoga to help in calming your mind and manage your anxiety levels. Creating guided meditations that focus on affirming one’s own gender identity and self-worth. Keep a journal to explore and articulate experiences of gender identity and transition. Writing about feelings of gender euphoria or creating visuals art that reflects one’s journey can be therapeutic. Creating self-portraits or collages that reflect one’s gender identity and desired expression can be a powerful way to visualize and celebrate personal achievements. Participating in or organizing art workshops where individuals can create pieces that reflect their gender journey. Host or attend coming out parties to celebrate one’s own transition or affirmation of gender identity.
These gatherings can include things like sharing personal stories, affirming each other’s identities and engaging in self-care. Mark milestones such as starting hormone therapy, undergoing surgery or achieving personal goals related to gender identity. Trans activism: the way for Resilience and Self-Care Trans activism is how trans people practice self-care and resilience. This is not the only way but one of THE WAY to do that. For a normal trans person when they come out as trans, as their true self in front of their family and friends they are based upon, called crazy for behaving like a mad and may be sent to propaganda religious camp. They ultimately either run away or break connections with their family completely for their survival of their own.
Coming to terms with your identity while getting away from your people and trying to survive while escaping the laws which are there to harm you. It is a big challenge that cannot be accomplished in just one day or with one motivational video. They must live with it every day, cope with it, and turn the most negative moments into a positive future. It is hard to do so but not impossible thus this whole protest and activism by trans people is their way of advocating for their rights and peace in terms of acceptance of their identities and not treating them as some abomination. But this all not only harmful for them in terms of life as they get attacked and all but also in the way that their mental well-being is tampered with all the pressure.
Still finding a new wave of optimism to continue their advocacy for rights and maybe this is fueled by the anger about the hardships they had to face, and the previous generations had to face just for being their true selves, just for being part of the LGBTQIA+ community. Funny how being a part of a community or not being a part of the community decides your fate and determines if you are worthy enough to live with being your true self in society or not. When you are living as a person in a society where the majority is against you living as your own true self, it puts a big challenge of survival. Humans are dependent and social beings, we need to interact with other human beings for a better life, talk with them, hangout with them. Family and friends who are our biggest supporter through hardships and struggles.
When they come out of the closet as a Trans person, they face a lot of struggles. Trans individuals must navigate through many difficulties such as proving their identity whenever it is questioned, deal with no contact or disappointment form parents, siblings etc. yet even going through these difficulties there are powerful experiences of joy that serve as crucial sources of strength and self-affirmation. In most of the cases, the parents and the siblings do not accept that person and their identity and think it is just a phase. They go through emotional estrangement from their family and face rejection from them. even though some of the families might expect them, there still is a distance and emotional distraught while they are trying to understand and accept those changes and navigate through it and go through some fraught difficulty.
If that trans person is in school or college, they might face bullying, discrimination or harassment. The lack of resources for example gender neutral washrooms or exclusive activities will further lead to distressed mental health and poor academic performance. Trans individuals who might be working may face discrimination in workplace like listening to derogatory comments, hostile work conditions and behaviour from colleagues. Many people in the society still hold wrong beliefs about the trans community, believing that being trans is a choice or a phase or just a woke mind virus or they are mentally ill and just seeking attention. This persistent social exclusion can lead to internalised transphobia or homophobia doubting their own self and feel ashamed of themselves which will lead to mental health issues like anxiety and depression.
But the limited access to mental health support which will be both affirming and knowledgeable abo0ut issues related to transgender issues is difficult. This systematic discrimination and violence are faced by trans individuals on daily basis, they show remarkable resilience through acts of protests, resistance and advocacy. These activities not only serve as a vital source of empowerment but also focuses on building solidarity. One of the most important parts of trans activism is increasing visibility and raising awareness. Transgender individuals and allies engage in public protests, public demonstrations, and media campaigns to challenge societal norms and bring issues such as healthcare access, legal recognition, and anti-trans violence.
Activism has been instrumental in protesting for legal barriers that discriminate trans individuals such as right to change one’s gender legally on identification documents, gender recognition, and healthcare access. The stonewall riots in New York city in 1969 is among one of the most iconic examples of trans resistance led by Marsha P. Johnson and Sylvia Rivera. These riots were a direct response to police raids on Stonewall Inc. , a gay bar. This marked a pivotal movement in LGBTQIA+ history and sparked a wave of activism. In 2019, Supreme Court of United states of America ruled in Favor of transgender rights in R. G & G. R Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. The court determined that discrimination against employees based on their gender identity constitutes sex discrimination under Title VII of Civil Rights Act.
The Trevor project in 1998, provides crisis intervention and suicide prevention services to LGBTQIA+ youth, to provide 24/7 helpline, online chat and resources to foster a supportive network for transgender and non-binary young people.
In 2014, Supreme Court of India ruled in the National Legal Services Authority (NALSA) vs. Union of India case, affirming the legal recognition of transgender individuals as a third gender. This landmark decision was a result of years of activism and advocacy by transgender rights group. The Transgender persons protection of rights act passed in 2019, was a significant legal milestone. The act provides legal recognition for transgender individuals and prohibits discrimination in education, employment, and healthcare. Transgender pride events provide a platform for transgender individuals to express their pride and joy, countering negative stereotypes and celebrating their contributions to society. Transgender communities in India often reclaim joy through traditional festivals and rituals.
The trans community has a long-standing tradition of blessing ceremonies and participation in religious festivals such as Navratri and Maha Shivaratri. These celebrations not only provide a sense of community and belonging but also assert cultural and spiritual significance of transgender individuals in society. These examples are just a few instances to support the argument that activism is the way through which the transgender individuals reclaim joy, practice self-care and resilience. From legal battles to pride march to cultural contributions and community support, these reflect a profound commitment to achieving solidarity, equality, joy and resilience. This activism and protests for advocacy of better future led by trans individuals not only benefit their community but goes far beyond.
This activism spreads social change and fosters a deeper sense of belonging and unity across the diverse groups. When trans individuals advocate for their rights, they are not just challenging systematic oppression, but also addressing intersection of different forms of discrimination among the marginalised groups. Their efforts highlight the interconnections of various struggles of equality, showing how fighting for one group can benefit others too. The activism creates tangible change by challenging unjust policies and practices, promoting inclusive laws and raising awareness about the issues faced by trans community. The sense of solidarity and community that emerges from this activism is powerful. It builds a network of support and mutual understanding among individuals from various backgrounds, creating spaces where diverse voices can be heard and celebrated.
This collective solidarity not only amplifies the impact of individuals efforts but also strengthens the fabric of inclusive communities. As these communities grow, they pave the way for a future where there will be affirming and equitable rights and environment as a norm rather than an exception. In essence, the activism of trans people is a crucial component not just for their own self-care and resilience but also to challenge systems of oppressions and discrimination while simultaneously nurturing a culture of inclusivity and mutual respect. By fostering joy, connection and solidarity, this activism contributes to building a more just and equitable society for everyone, reinforcing the odea that true progress is achieved when all voices are heard and valued. Conclusion To conclude it all, the journey of transgender individuals is marked by both challenges and resilience.
Transphobia in the form of interpersonal, institutional, and systematic discrimination posses a lot of hurdles impacting everything from personal safety and mental health to economic stability and social acceptance. However, the transgender community’s response to these challenges is marked by extraordinary courage and activism. Transgender people, despite facing societal and legal barriers, continually strive to assert their identities, celebrate their uniqueness, and advocate for their rights. The transformative experiences of self-discovery, coming out, and medical transition are not just persona milestones but acts of profound self-affirmation and resistance against societal norms.
Gender euphoria, the deep satisfaction and relief that comes from aligning one’s external expression with their internal identity, is a testament to the powerful emotional and psychological benefits of living authentically. Activism plays a crucial role in this narrative, as it embodies the struggle for recognition, equality, and respect. The activism and resilience of the transgender community do more than advocate for individual rights- they challenge systematic injustices, promote broader societal change, and build inclusive spaces for all marginalised groups. By confronting discrimination and fostering solidarity, this activism not only uplifts transgender individuals but also contributes to a more equitable society where every person can live with dignity and respect.
As society continues to evolve, the efforts of transgender activists highlight a critical truth: true progress is achieved when we listen to, support, and celebrate all voices. The journey toward understanding and acceptance is ongoing, but with continued education, advocacy, and solidarity, we can move closer to a world where everyone, regardless of their gender identity, is embraced and valued.
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