21 August 2015
Written evidence submitted by Mridul Wadhwa to the Transgender Equality Inquiry
(extracts)
"I work for Rape Crisis Scotland as a Training and Volunteer Co-ordinator and as the Information and Education Officer for Shakti Women’s Aid.
I am also an associate of the College of Policing, England and Wales where I present on transgender and migrant women’s issues on the Equality and Human Rights course and am a domestic abuse trainer on the college of policing’s Domestic Abuse matters training program.
I also co-wrote and co-facilitated the Scottish Government’s training on forced marriage.
I have been involved in the violence against women sector in Scotland since 2005. I moved to Scotland from India in 2004.
[To study for a Masters at Edinburgh University in 'training']
I have consulted with the Scottish Transgender Alliance in making this submission and endorse all the issues and recommendations made by the Scottish Transgender Alliance
[relevant thread] www.mumsnet.com/Talk/womens_rights/3829786-James-Morton-scottish-trans-alliance-quote
I believe the gender reassignment General Occupation Provision in recruitment is discriminatory to transsexual people especially trans women. I genuinely believe that there is no space for it in the gender based violence sector and that it has no place in violence against women work. I was unaware of its existence until a few weeks ago. I
have worked in the violence against women sector since 2005 and have never known for it to be used. I am disappointed to think that someone has the right to refuse work to me and others like me in my sector just because they think that I might not be a woman. When I started working in this sector, I was not out as a trans person, this was not out of fear of discrimination but more because I did not think it was necessary.
In Scotland, all fund recipients from the Scottish Government’s Violence against women funds are expected to implement a trans inclusion policy as a requirement of the grant. I would welcome similar mandatory requirements of all public, private and third sector grant recipients and contractors receiving funding to carry out work with those affected by sexual violence and other forms of gender based violence.
I migrated from India as a student and then an economic migrant. I was able to do so post transition and did not suffer significant life harming discrimination due to my trans status. This is only because of privileges that I had through my social background, a supportive family and my own resilience to challenge the structural and social barriers that exist for trans people in India. I have an Indian passport that says female, am married and am about to adopt a child in Scotland."
data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/women-and-equalities-committee/transgender-equality/written/19653.pdf
Re the "gender reassignment General Occupation Provision in recruitment":
Equality Act 2010
Exceptions allowing services to be provided only to women (or only to men)
The first two relevant exceptions (Schedule 3, Paragraphs 26 and 27) allow service providers to provide separate services for men and women, or to provide services to only men or only women in certain circumstances. The symmetrical nature of the ban on sex discrimination means without these exceptions it would be illegal, for example, to hold women-only sessions at a leisure centre or a new fathers’ support group at a nursery.
Exception allowing single sex services to discriminate because of gender re-assignment
The third exception (Schedule 3, paragraph 28) allows providers of separate or single-sex services to provide a different service to, or to exclude, someone who has the protected characteristic of gender reassignment. This includes those who have a Gender Recognition Certificate (GRC), as well as someone who does not have a GRC but otherwise meets the definition under the Equality Act 2010.
Application of this exception must be objectively justified as a means of achieving a legitimate aim. An example given in the explanatory notes to the Act is that of a group counselling service for female victims of sexual assault where the organisers could exclude a woman with the protected characteristic of gender reassignment if they judge that clients would be unlikely to attend the session if she was there."
Effect
787. This paragraph provides a general exception to what would otherwise be unlawful direct discrimination in relation to work. The exception applies where being of a particular sex, race, disability, religion or belief, sexual orientation or age – or not being a transsexual person, married or a civil partner – is a requirement for the work, and the person whom it is applied to does not meet it (or, except in the case of sex, does not meet it to the reasonable satisfaction of the person who applied it). The requirement must be crucial to the post, and not merely one of several important factors. It also must not be a sham or pretext. In addition, applying the requirement must be proportionate so as to achieve a legitimate aim.
Examples [include]:
A counsellor working with victims of rape might have to be a woman and not a transsexual person, even if she has a Gender Recognition Certificate, in order to avoid causing them further distress.
publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/1470/147010.htm
Mridul Wadwha
"When I started working in this sector, I was not out as a trans person, this was not out of fear of discrimination but more because I did not think it was necessary."