Perceptions of gender-based violence around public toilets in Mumbai slums

ABSTRACT

The lack of adequate public toilets and associated gender-based violence around their use is a matter of concern in many developing countries and has recently come to the forefront of the political agenda and media discourse in India. Previous research suggests the absence of lighting, inadequate provision of basic sanitation, poor design and siting of toilets, and lack of police presence in slums as facilitators for violence against women. However, the evidence is often anecdotal and usually unsystematic. The exact extent of crimes against women in these circumstances is unknown because unsurprisingly women in slums rarely report crimes to the police, either due to fear or lack of access. The research reported in this paper gauges women’s perception and experience of crime and violence around different types of public toilets in two slums areas in Mumbai, India. A survey of 142 households indicated that although women’s fear of crime was higher than their actual experience, the perception of insecurity was not uniform for all toilet types and locations. Findings also indicated that there was at least minimal provision of toilet facilities, basic security features, water, and electric supply in the research sites. Furthermore, greater police presence and previous contact with the police in one slum area led for greater confidence in reporting offences to the police as compared to the other. Overall, better provision of lighting and regular police patrols were considered by a majority of those surveyed to reduce fear of crime around toilets.     

The social ecology of sexual victimization against transgender women who are incarcerated: A call for (more) research on modalities of housing and prison violence

President Biden has called for reform of the criminal justice system to ensure fair treatment of people who are transgender who come into contact with the criminal justice system. He has done so in a context in which criminologists, public health researchers, and others, including journalists and advocates, have produced a growing body of research that documents the over criminalization and differential incarceration of people who are transgender as well as the high rates of victimization of transgender women who are incarcerated. Accordingly, this article describes a growing literature on the sexual victimization experienced by transgender women who are incarcerated; focuses analytic attention on the housing contexts in which this kind of discriminatory gendered violence emerges and takes shape; points to some emergent policy responses related to these concerns; and calls for original research that, if conducted, could advance the criminological literature in meaningful ways and set the stage for evidence‐based prison policy and practice related to what is now predictably high rates of violence against transgender women who are incarcerated.     

Transgender Individuals and Psychological Intimate Partner Violence: a National Study

Journal of Family Violence - Intimate partner violence (IPV) is a pervasive public health problem in which transgender individuals are at elevated risk. The present study examined associations...     

Transgender Marriage and the Legal Obligation to Disclose Gender History

Section 12 of the Matrimonial Causes Act 1973 as amended by the Gender Recognition Act 2004 requires transgender people to disclose their ‘gender history’ to the other party to a marriage prior to the marriage ceremony. Failure to do so enables the other party to exit the relationship through nullity proceedings. This article argues that this provision is discriminatory and encroaches on the right to privacy, breaching Articles 14 and 8 of the European Convention on Human Rights. It challenges the idea, implicit in the provision, that non‐disclosure of gender history is unethical or fraudulent. Crucially, the article considers and rejects the claim that discrimination against and encroachments on the privacy of transgender people are justified because inadvertent sexual congress with a transgender person is potentially harmful. Finally, if a consent‐based right to know exists, it argues that it ought to be trumped by considerations of justice, legal consistency and public policy.     

Where the Margins Meet: A Demographic Assessment of Transgender Inmates in Men’s Prisons

Drawing on official data and original interview data on 315 transgender inmates in California prisons for men, this research provides the first empirical portrayal of a prison population in California that is unique by virtue of being both transgender and incarcerated. Situated at the nexus of intersecting marginalities, transgender inmates fare far worse on standard demographic and health measures than their non‐transgender counterparts in the US population, the California population, the US prison population, and the California prison population. With the possible exceptions of partnership status and educational attainment, these factors combine to reveal that transgender inmates are marginalized in heretofore undocumented ways. At a time in which an evidence‐based approach to corrections is increasingly embraced by corrections officials in the US, this article provides the first systematic profile of transgender prisoners. It reveals they can be regarded as a special population that, from a policy point of view, raises what Minow calls “the dilemma of difference”.     

Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

Same Difference: The “Dilemma of Difference” and the Incarceration of Transgender Prisoners

This article examines the “dilemma of difference” transgender prisoners pose and face within a sex‐segregated prison system organized around the pursuit of safety and security. Our analysis uses data from a study of the culture and experiences of transgender prisoners in four men's prisons. Using qualitative data from interviews with transgender prisoners, focus groups with prisoners, and focus groups with staff, our findings reveal a common contention that transgender prisoners are (according to staff) and should be (according to prisoners) treated like everyone else, despite their unique situations. This further demonstrates the stakes that this dilemma carries for the prison regime and transgender prisoners’ roles in challenging it without engaging in overt resistance—which carries high stakes for them. Accordingly, we elucidate how the rigidity of an institutional structure built on inherent contradictions can have the potential to complicate the achievement of institutional goals.     

Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

French Cities’ Struggle Against Incivilities: from Theory to Practices in Regulating Urban Public Space

In France, public policies began defining “incivilities” as a primary topic and target to focus on more than two decades ago. Yet what this term actually means is still somewhat unclear: almost every organization that uses it has its own definition, sometimes its own observatory. Despite, or perhaps because of, its very vagueness, the concept has become widely shared and used, securing itself a place on the agendas of most local security policies, becoming an explicit part of the remits of an increasing number of professionals, from police officers to social workers, including a wide range of municipal agents. The range of situations and behaviors potentially included in the list of “unruly conduct” is seemingly endless, from groups of teenagers hanging out to homeless people privatizing public places, and from using playgrounds as public toilets to noise, garbage, dog fouling, graffiti, queue-jumping, pushing and shoving, street harassment, insults of all kinds, badly parked cars, and so forth. However, not all of them provoke the same public attention. This article focuses on the way disorders are actually defined, measured, and dealt with in practice. Incivilities are often said to be growing because of increasing powerlessness. Our research proves action is far from being merely correlative to the legal capacity for sanction.     

Tourist Representations and Public Space Regulation

This article illustrates the ways in which visual representations construct the meanings of norms governing the spaces we commonly inhabit. I argue that norms regulating public spaces such as streets, parks, plazas, and beaches arise within the process of conceiving tourist representations of space that benefit hegemonic groups in society. My argument is empirically grounded on evidence from a case study on public space regulation in Acapulco, Mexico. By means of a semiotic analysis of tourist materials such as maps and postcards, I show that images related to tourism represent urban space in a way that includes some elements and excludes others. By doing so, they portray a very specific image of the city and its public spaces. Because representations of space are performed upon the entire society, the imagery reproduced by tourist materials is part of the expectations that surround social actors’ actions. This is one of the mechanisms through which the tourism industry influences the regulation of public spaces.     

FROM THE INSIDE OUT: CALLING ON STATES TO PROVIDE MEDICALLY NECESSARY CARE TO TRANSGENDER YOUTH IN FOSTER CARE

It is well known that transgender youth in foster care often face egregious discrimination and victimization based on their gender identities. Unfortunately, transgender youth in foster care have also been deprived of transgender-specific medical care that is vital to their health and well-being. This Note advocates that child welfare agencies adopt legislation that will demonstrate their commitment to fulfilling their constitutional duty to provide medically necessary care to transgender youth in their custody. This Note examines recent case law on the topic and addresses counterarguments to the proposal, including risks associated with treatment, high cost, and the stigma of gender identity disorder. Ultimately, this Note concludes that adopting the proposed legislation is a necessary step toward securing health care rights for transgender foster care youth.     

Transformation: the Progression of Immigration Petitions for Transgender Spouses

U.S. citizens who marry foreign nationals may petition for their spouses so that the couple can reside permanently together in the United States. The guidelines set forth in the U.S. Citizenship and Immigration Services Adjudicator's Field Manual provide guidance to immigration officials for determining whether to grant or deny spousal petitions. Previously, the Adjudicator's Field Manual imposed a requirement that transgender individuals undergo costly and dangerous sex reassignment surgery in order to qualify as married for the purposes of a spousal petition. However, revisions to the Adjudicator's Field Manual issued in April 2012 provide transgender binational couples the opportunity to remain together in the United States without forcing one partner to undergo sex reassignment surgery. Given the history of discrimination against transgender individuals under U.S. immigration law, these revisions are a significant step in equality for transgender couples. Although these revisions provide many transgender binational couples with a means to remain together in the United States, this Note proposes that, to continue on the path toward equality for transgender couples, special guidelines should not be applied to marriages involving transgender partners if their marriage is deemed a valid heterosexual marriage in the state where solemnized. The goals of U.S. immigration law and compliance with the federal definition of marriage can be achieved without implementing individualized guidelines for transgender binational couples.

Key Points for the Family Court Community:
• Transgender spouses of a binational couple should not be subjected to additional guidelines when submitting spousal petitions that, if granted, would afford the couple the opportunity to reside together in the United States
• Transgender individuals should not be subjected to disparate treatment solely because the U.S. Citizenship and Immigration Services seeks to enforce discriminatory provisions of the Defense of Marriage Act
• A marriage should be recognized by immigration law if it is a valid marriage under the law of the state where the marriage was celebrated
• In order to achieve U.S. immigration law's mission of family unification, nontraditional couples should be afforded the same opportunity to remain together in the United States without additional scrutiny

     

Redefining Intimate Partner Violence Beyond the Binary to Include Transgender People

Since the mid-1970s, the field of Intimate Partner Violence (IPV) has debated over gender differences in the perpetration of physical partner violence. However, this classical controversy has ignored transgender people since their gender does not seemingly fit the binary categories (male and female) first used to conceptualize IPV. Furthermore, sustained attention on this ceaseless argument has contributed to transgender people remaining invisible to the field of IPV. In this article, we redefine IPV to extend beyond the gender binary and invite the field to shift its focus to transgender people. Research suggests that as many as one in two transgender individuals are victims of IPV, but that multiple barriers prevent this group from acquiring protection that is afforded to others. Therefore, we propose that researchers direct their attention to this topic, and thus, inform police officers, victim advocates, and medical professionals who work directly to combat IPV for all.     

美国变性人立法和司法情况评议

变性人在进行变性手术后,会面临一些现实的法律困境,如,户口,婚姻,就业,医疗等,目前我国法律在这方面还是处于空白。虽然美国在这方面不是特别完善,但联邦及各州法律都对此做出了很多规定来保护变性人。通过介绍和评议美国在立法和司法对变性人做出的相关规定,借此深入了解变性人在变性后所面临的法律上的尴尬,将更有利于保护越来越多的变性人,也有助于我国法律在这方面的完善。     

(Un)Authorized: A Study on the Regulation of Street Vending in Latin America

This article offers an examination of the official rules that participate in the organization of street vending activities in Latin American cities. It does so by explaining the legal assemblages that serve to define how, where, and by whom certain Latin American public spaces may be occupied, and by empirically illustrating the way in which the legal status of street vendors—that is, whether or not they are willing or able to get official recognition to work in these public spaces—affects the way they use and occupy the urban landscape. The information gathered here suggests that securing access to official permission to work on the streets does significantly affect vendors' locations as well as their working modalities. The subsequent analysis also illustrates a significant relationship between vendors' legal status and specific interactions with urban authorities and other actors. These findings suggest that, although law cannot prevent the unauthorized occupation of public spaces for commercial purposes, it could certainty avert the reproduction of other illegal practices and, perhaps most importantly, protect the urban poor from the vulnerability they face before state and nonstate violence.     

Exploring the Sources of Authority Over the Word Meaning in Transgender Jurisprudence

This paper looks at transgender identities and the law in the context of marriage in common law jurisdictions. It particularly focuses on the nature and sources of authority over word meaning as well as the role of language and definition in classifying transgender individuals into a legal category. When it comes to the legal question of who may marry whom, and what the terms “man” and “woman” actually refer to, there is no statutory definition of the terms “man”, “woman”, “male” and “female”. This has put the onus on judges, especially those who needed to decide whether a transgender person can marry in his/her affirmed sex, to interpret these terms. Two lines of cases in transgender jurisprudence are examined so as to have a close study of how the courts construed these terms and classified transgender people into a category. The first concerns United Kingdom cases, namely Corbett v Corbett (1971), Bellinger v Bellinger (2003) and the Hong Kong case W v Registrar of Marriages (2010), (2011) & (2013). The second consists of Australian cases such as Secretary, Department of Social Security v State Rail Authority (1993) and Re Kevin (2002). This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.     

Public charge,legal estrangement,and renegotiating situational trust in the US healthcare safety net

US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers negotiate safety-net resources. Drawing on ethnographic observations and interviews with 80 safety-net workers and patients in three US states from 2015 to 2020, I argue that intensifying anti-immigrant rhetoric surrounding public charge has extended a sense of surveillance into clinical spaces in previously unexamined ways. Drawing on theories of medical legal violence, system avoidance, and legal estrangement, I demonstrate how these dynamics undermined immigrants' health chances and compromised clinic workers' efforts to facilitate care. I also reveal how participants responded to this insinuation of legal violence in healthcare spaces by promoting situational trust in specific procedures and institutions.     

Accounting for Space,Place and Identity: GLBTIQ Young Adults’ Experiences and Understandings of Unwanted Sexual Attention in Clubs and Pubs

This article considers the role of space, place and identity in influencing gay, lesbian, bisexual, transgender/transsexual, intersex and queer (GLBTIQ) young adults’ experiences of unwanted sexual attention in licensed venues. It is argued in this article that the roles of space, place and identity are largely absent from theoretical understandings of sexual violence. Gender-based accounts of sexual violence, while important, are unable to fully account for sexual violence that is perpetrated within and against GLBTIQ communities. Drawing on data obtained through a mixed-methods study, in the first half of the article I establish the manner in which GLBTIQ young adults’ unique relationship with licensed venues appears to mediate the ways in which unwanted sexual attention occurring in these spaces is experienced and understood. The second half of this article is concerned with exploring the intersections between unwanted sexual attention and heterosexist violence and abuse in clubs and pubs. I conclude by considering the implications of these findings for theoretical understandings of sexual violence and unwanted sexual attention.     

Consent to Treatment for Transgender Youth: The Next Chapter – Bell & Anor v The Tavistock and Portman NHS Foundation Trust & Ors

In September 2021, the Court of Appeal reversed the controversial decision of Quincy Bell v Tavistock and Portman NHS Trust in a victory for transgender rights. At first instance, the Divisional Court had set a high legal threshold for transgender children to attain Gillick competence to consent to treatment with puberty blockers – effectively restricting access to treatment for many. On appeal, the Court of Appeal held that children are capable in law of giving valid consent to treatment for gender dysphoria, and court authorisation would not be routinely required before children could access such treatment. This note considers the implications of the Court of Appeal decision for the law on minors and consent to medical treatment in the transgender health context.     

The north and south divide

A growing body of evidence looks at violence and harm caused to women working in lap dancing clubs. However, little attention has been paid to the wider impact of the licensing of sex entertainment venues (SEVs) on women's sense of safety and well-being in city centres where they are concentrated. This article contributes to the debate around the licensing of lap dancing clubs and gendered harm, using testimonies from a participatory photography research project facilitated by Sara Parker. Findings support feminist arguments that women's sense of safety and wellbeing in public spaces is compromised by the widespread use of sexualised imagery of women and girls in public spaces and by the growth of SEVs such as lap dancing clubs.