[Link].

IN

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I

WRIT PETITION (CIVIL) NO. OF 2019

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

SWAT! BIDHAN BARUAH ... PETITIOER

VERSUS

UNION OF INDIA ... RESPONDENT

PAPER BOOK

(FOR INDEX: PLEASE SEE INSIDE)

VOL- I Pages B to 202 ·.

ADVOCATE FOR THE PETITIONER: RASHMI NANDAKUMAR

 [Link]

\A.\3
IN THE SUPREME COURT OF INDIA
[CIVIL/CRIMINAL ORIGINAL/ APPELLATE JURISDICTION]
. [Link].P.j Contempt Petition/(Civil/Crl.) No.(s) /2019

.....SkJ. fJ:T..l .....[Link]! .. B.f+.~U. A: .H. ..................... Petitioner(s) I

Appellant(s)
VERSUS
..
...UH. J.O. N .....Q F....lf:.!.[Link].....................................Respondent( s}

VAKALATNAMA

I/We .. ~.W.~~---~~~~~'0..~.Co\.'X'A..c.\~ ....................... Appellant(s)/Petition

er(s)/Respondent(s)Opposite party in the above Suit/ Appeal/Petition/Reference
do hereby appoint and retain Ms. RASHMI NANDAKUMAR Advocate of the
Supreme Court of India to act and appeal for me/us in the ,qh•w""
Suit/ Appeal/Petition/Reference and on my I our behalf ·
prosecute (or defend) the same and all proceedings that 1
respect of any application connected with the same o:r .al1;¥,
passed therein, including proceedings in taxation an · ··
to file and obtain return of documents and to _
my jour behalf in the said Suit/AppealjPetition/R~ferenc.e . .
Review, and to represent me/us and take all nece,sa:ry .steps o.
in the above matter. I/We agree to ratify all acts d9ne b:f ¢eJ
in pursuance of this authority. ..}

.-:1<:>~71"\f
3UPPt:Mr:: r·.,._
n<:>tarlth;e>fho
..LJO..LVUU.l..l...;:)L.L.l.\.... .. • ~. • • • • • • • • • • • • • • .. • • • • • .Ua...,YV.L.• •• l.~ •. •••• ••••••••,•.. •.&.IV~
0ii'1'"0''"'
:;.,1

' .,.~IE:r....,.......,.,v..,.

Accepted J:. ~ ~ ·~ ~ ..
0 _t;?.
n~ A~~ ••·-·-·---.
L------··-• ., .___
irA NnA JCTTM A Rl
J
Advocate, Supreme Court of India 51\la.~ ~ldhan f.)[Link]
~ \.U4\ X>-,\~~\1\ SC\..'Y\AO(.\A.,.
APPELLANT(S) /PETITIONER(S) /RESPONDENT(S)

MEMO OF APPEARANCE

To

The Registrar
Sunr~m~
·- --r- ---- Court
- - ---- ofTnrli::L
-- -------,
New Delhi

Sir,
Please enter my appearance on behalf of the Petitioner(s)/ Appellant(s)/
Respondent(s) Opposite Parties/Intervener No .......................................... in the
matter above. ..·..... -···· . . ~·
T RY
- :,:::.;;~~-...~:~~ GEE Al~E DAS . Yours faithfully,

~~~~~~~~~ ·rt ,,~ '~J-'\,,Kamr~~8}li~~~r·~

/* Gec!~'e Das ~~)'
Hl')
~Q
Rogei. J?6.~·~·:l51S (RASHl\fl NANDAKUl\fAR) ~.f
Ex·; .. :,::.::te. f :~ri
[CODENO- 2190] .. . :: t,,..
Gth I'Jov. 2023 '\.,.,. / Advocate for Petitioner/Respondent At ·.. ~ ~

\ OV't" ,,._.,..,.. ~,~~ .f\-187, DEFENCE COLONY, NEW DELHI fi

~'. ~·. . . . . . .OF\~~:~'
_,._ . . . . . . . :::>-'·'
~
PH: +91 9810931343
 [Link]

..
RECORD OF PROCEEDINGS

Sl. No. Date of Record of Proceedings Pages.

1.

.......... . 2.

3.

4.

- 5.

6.
.
7.

8.

9.

10.

11.

12.
I
..
lt3 ..

14 .

. 15. I

16.
. ·"
17.

18.

19.

20.
 [Link]

INDEX

5. Particulars of Document Page no. of part to Remarks

No. which
it belongs

Part 1 Part II
(contE?nls (Conte
of nts of
Paper File
Book) alone)
(i) (ii) (iii) (iv) (v)
1. Court Fees ,SrO
2. Listing Proforma A1-A2

3. . Cover Page of Paper Book A3

4. Index of Record of Proceedings A4

5. Limitation Report prepared by the A5

Registry

6. Defect List A6

7. Note Sheet NOS ...

8. Synopsis List of Dates 8- H

9. Writ Petition with affidavit
I
I
1 -13
10. Annexure P-1: 14-202
A copy of the Report dated
27/01/2014 of the Expert
,Committee of the Ministry of
Social Justice and Empowerment
-·--

Continue as Volume II Page No. 203 to 413

 [Link]

Proforma First Listing A

The case pertains to (Please tick/check the correct box):

0 Central Act: (Title).N/A ..

o Section : N/A

o Central Rule : (Title) .N/A

o Rule No(s): N/A

o State Act:

o Section : N/A

o State Rule : (Title) N/A

o · Rule No(s): N/A

o Impugned Interim Order: (Date): N/A

o Impugned Final Order/Decree : (Date): N/A

o High Court : (Name): N/A

o Names of Judges: N/A

o Tribunal I Authority: (Name): N/A

1. Nature of matter : [vJ CIVIL [ ] CRIMINAL

2. (a) Petitioner/Appellant NG.: Swati Bidhan Baruah

(b) E-mail ID: N/A

(c) Mobile phone number: N/A

3. (a) Respondent No. Union of India

(b) E-mail ID: .................. ;.. N/A .......... ..

(c) Mobile phone number: ... N/A ............ ..

4 (a) Main category classification:0818

(b) Sub classification:OS
 [Link]

5. Not to be listed before: At

6. (a) Similar disposed of matter with citation, if any, & case
Details: No Similar Disposed of matter

(b) Similar pending matter with case details: No similar mater

pending

7. Criminal Matters:
(a) Whether accused/convict has surrendered: [ ] yes [ ] No.
(b) FIR No. Date: _ _ _ __
(c) Police Station: _ _ _ _ _ _ _ _ _ _ _ _ __
(d) Sentence Awarded: _ _ _ _ _ _ _ _ _ _ __
(e) Period of Sentence undergone including period of
detention/custody undergone: _ _ _ _ _ _ _ __

8. Land Acquisition Matters:

(a) Date of Section 4 notification: N/A

(b) Date of Section 6 notification: N/A
(c) Date of Section 17 notification: N/A

9. Tax Matters: State the tax effect: N/A

10. Special Category (first petitioner/appellant only) :

[ ] Senior citizen 65 years [ ] SC/ST [ ] Woman/child

[ ] Disabled [ ] Legal Aid case [ ] In custody

11. Vehicle Number (in case of Motor Accident· Claim matters):N/A

Date: 1i/12/2019

Ms. Rashmi Nandakumar

AOR for Petitioner(s)/appellant(s)
AOR CODE: 2190
A-187, LGF, Defence colony
New Delhi-110024
Phone No + 919810931343
E-mail: Rashmi. nanda kumar@[Link]
 ,- .-.-• " · o' ' ,•.-_•!•,·- !~-- ~~-.J--:·:-., ··" c'.• +!•L·i~!:V'.. !~~•"'-' ~o;_-'A~'Iii.~'i._'l.- 1 1-;;'i-"'-i-';;- ··'::[Link]-:.. 1.;:_,

[Link]

SYNOPSIS
B
This writ petition under article 32 of the Constitution questions

the constitutional validity of the Transgender (Protection of

Rights) Act, 2019. The Act, instead of furthe.r,ing or protecting

.
the fundamental rights of transpersons, violates and facilitates

the violation of the right (s) to life, privacy and equality of

transpersons.

The judgment of this Hon'ble Court in National Legal Services

Authority v. Union of India (2014) 5 SCC 438 [hereinafter

referred to as 'NALSA j recognized the marginalization of and

discrimination against trans-persons in India and directed the

Union and State Governments to take necessary remedial steps

to ensure that fundamental rights of transpersons are not

violated. This recognition of the struggles of transpersons was

a signal to Parliament and the state legislatures to enact

progressive legislations giving full effect to the fundamental

rights of transpersons.

The Petitioner, (a transperson and a transgender rights

I

activist), submits that the impugned Act, however, sets the

clock back and negates even the protections secured to

transpersons by this Hon'ble Court in its judgment in NALSA.

First, the right to self-identification of gender identity is a

fundamental right that forms part of right to life under Article

21 of the Constitution (NALSA). The impugned Act provides for

a method of state-identification of transpersons by a process of

 - ";,,_ ·, ·c·~,~~ -:~'u\ .,. ·~ 1 •~~-";':\:!/_C~.~-1.~-~'-~ :O!}!,(i~-$.."!.{<:6>-' ~; ..,' '< ' ,-,_. ~ ;~~~~-:_{_~::::~::_·

[Link]

c
certification by the District [Link] Petitioner submits

that this method is a disproportionate invasion into the right to

privacy of transpersons and is manifestly arbitrary. Sections 4

to 7 of the impugned Act viplate Article 14 and 21 of the

Constitution.

Second, the provisions intended to grant a right against non-

discrimination are completely toothless and no remedy has

been provided for the violation of these provisions. The

Petitioners submit that these provisions are contrary to Articles

14, 15 and 16 of the Constitution of India.

Third, Section 18 permits the imposition of as little as six

months imprisonment for acts such as "endangering the life of

a transperson" or sexual abuse of a transperson. It is submitted

that the provision is completely arbitrary and irrational. The

provision violates the right to life of transpersons by prescribing

grossly inadequate punishment for heinous acts.

Fourth, this Hon'ble Court in NALSA expressly directed the

Union and State Governments to take steps to treat

Transpersons as Socially and Educationally Backward Classes of

..
citizens for the purposes of reservation in educational

institutions and in public employment. The Act contains no such

measure. In fact the Act contains no specific measure to be

adopted by the appropriate Government for furthering the right

to equality of transpersons.

The Petitioner submits that the impugned Act is a regressive

piece of legislation which is more likely to harm the interests of

 [Link]

J)
the trasngender community in India. The impugned legislation

has several provisions which suffer from the vice of

arbitrariness and vagueness. The Petitioners invites the

attention of the Court to the grounds in the petition where the

specific challenges to these provisions have b~~n set out.

The Petitioner submits that provisions of the Act are built

around the unconstitutional concept of state-identification of

transpersons. The Act treats transpersons with suspicion and

several provisions of the Act evince and reinforce the very

prejudice that the legislation ought to have aimed at

eliminating. The Petitioner submits that theTransgender

(Protection of Rights) Act, 2019 is wholly and irreparably in

violation of the right to life with dignity of transpersons.

 [Link]

LIST OF DATES £

1950 The Constitution of India which was adopted by

the Constituent Assembly on 26th November,

1949 came into force on 26th January 1950. The

Preamble declares that the Constitution secures

Liberty, Equality and Fraternity to the citizens of

India. The guarantee of fraternity, in turn,

assures the protection of the dignity of each

individual citizen. Part III of the Constitution

makes these gua'rantees effective by recognizing

fundamental rights including the right to life, the

right to equality and the prohibition of

discrimination.

i?/01/2014 An expert committee constituted by the Ministry

of Social Justice and Empowerment submitted a

report on Issues relating to Transgender Persons.

The Report recognized the rights of transgenders

to a limited extent.

15/04/2014 In 2014, this Hon'ble Court in National Legal

..
Services Authority v. Union of India (2014) 5 SCC

438 declared that the continued discrimination

against the transgender community in India is

contrary to the Constitution. This Hon'ble Court

recognized that gender identity is one of the most

 oo..u,.,..._,_.,.. ...... ,..~_,,...,;,•,.<._.,~<· ..:L·J,A'I'J;t:ln,l:';"&o.'~"::!"<.,.~O'Ii~~~~f.:''<:•~· •',l>~>_>'~ .•~,.•,,.:L,_···::~l~t{.a,'j,;,,~ ,,;. ,, .~.• ,._; 1,,' , .... , ......... .

[Link]

F
fundamental aspects of life and that every

individual has a right to self-identification of one's

gender identity. This Hon'ble Court expressly

noted that depriving persons who are

transgender of rights, benefits and privileges

. ~ ~.,'
available to other persons in India is contrary to ..
Article 14 of the Constitution. Further, this

Hon'ble Court noted that the term 'sex' in Articles

15 and 16 of the Constitution includes gender as

a distinct component. Thus, any discrimination

against transgenders, the Court held, violates

~,c

Article 15 and 16 which prohibit discrimination on

the basis of sex. Most importantly, the Court ·> ~

;•I
:_:_z
noted that self-determination of gender is an

integral part of personal autonomy protected

under Article 21 of the Constitution. Further, the

expression of one's self-identified gender is

protected under Article 19 (1) (a). In furtherance

of these declarations, this Hon'ble Court directed

inter-alia the Central and State Governments to

I

grant legal recognition to transgender persons

and to take steps to treat them as Socially and

Educationally Backward Classes of citizens for the

purposes of reservation in educational institutions

and in public employment.

 [Link]

&1
24/04/2015 A private member's Bill titled 'The Rights of

Transgender Persons Bill 2014' was introduced in

the Rajya Sabha on 12/12/2014. The Bill was

passed by the Rajya Sabha on 24/04/2015.

2016 Despite the Bill being passed unanimously in the

Rajya Sabha, Respondent No.1 took upon itself to

pilot a fresh draft of the Bill incorporating the

features of the private member Bill.

02/08/2016 Respondent No.1 introduced the Transgender

Persons Bill 2016 in the Lok Sabha. The

Petitioners submit that this Bill was fundamentally

flawed and had a set of provisions which were

more likely to .harm the interests of transgender

persons.

27/09/2016 The Bill was referred to the Parliamentary

Standing Committee on Social Justice and

Empowerment.

21/07/2017 The Parliamentary Standing Committee laid a

report before both the houses of Parliament

..
pointing out several flaws in the draft Bill. It was

pointed out that the Bill fails to guarantee the

r,ight to self-determination of gender. It was also

pointed out by the Committee that the Bill lacks

·--~~-~
 [Link]

H
teeth in so much as there is no grievance

redressal mechanism. The non-discrimination

provisions, the provisions for health benefits, and

the provisions for social empowerment and

inclusion were all found to be inad~quate.

/
12/2018 The 2016 Bill was passed by the Lok Sabha with
..
27 amendments accepting. some of the

suggestions of the Standing Committee.

H9wever, the fundamental flaws at the heart of

the Bill remained and were left untouched by the

Union of India.

2019 The 2016 Bill lapsed on the dissolution of the

Sixteenth Lok Sabha on completion of its term in

2019. The· aforesaid Bill was introduced once

again in Seventeenth Lok Sabha. The Bill was

passed by the Lok Sabha on 05.08.2019. The

Rajya Sabha passed the Bill on 26.09.2019 .J \-"

 [Link]

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

·WRIT PETITION (CIVIL) NO. OF 2019

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF: ..

Swati Bidhan Baruah, Petitioner
Djo· Supit Ranjan Baruah, R/o Pandu
Cabin, Near Rly B.G. Office, P.O.
Pandu, District Kamrup (M), Guwahati,
Assam

Versus

Union of India, Respondent

Through the Secretary, The Ministry
of Social Justice and Empowerment, A-
Wing, Shastri Bhawan, New Delhi -
110 001

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION

OF INDIA SEEKING DIRECTIONS AGAINST THE RESPONDENTS

TO

THE HON'BLE THE CHIEF JUSTICE AND HIS OTHER

COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF
INDIA
THE HUMBLE PETITION OF
THE PETITIONER ABOVE NAMED:

MOST RESPECTFULLY SHEWETH:

1. This Writ Petition is being filed in public interest to highlight the

gross violation of the fundamental rights of transpersons under

Articles 14, 15, 16, 19 and 21 of the Constitution of India by

the Transgender (Protection of Rights) Act, 2019.

 [Link]

2-,
1A. The Petitioner, Bidhan Baruah, resident of Pandu Cabin, near

Rly B.G. Office, P.O.- Pandu, District- Kamrup (M), Guwahati,

Assam, is an advocate by profession. Her e-mail address and

her phone number are baruahbidhan2@[Link] and +9~

9678911371 respectively. The Pan number of the Petitioner is

AWTPB6255B and the National Unique Identity Card number is

7891 5967 6638. The Petitioner has an annual income of Rs.

50,000/-, most of which is donated to the transgender

community. The Petitioner has not moved the concerned

Government Authority for relief in the instant petition.

2. The Petitioner is a transperson and a transgender rights activist

and, therefore, has considerable experience of the issues that

transpersons are faced ·with on an everyday basis. The

Petitioner herein is the founder of All Assam Transgender

Association. She has also been a part of one of the first

transgender-rights litigations before the Hon'ble Bombay High

Court being Writ Petition (LODG) No. 1092 of 2012. Further,

the Petitioner had filed a Public Interest Litigation before the

Hon'ble Gauhati High Court (being PIL 15/2017) praying for a

direction against the State Government to implement the

..
decision of this Hon'ble Court in NALSA. The State Government,

in fact, constituted a core committee to implement the decision

of this Hon'ble Court in response to the Public Interest

Litigation filed by the Petitioner.

3. It is submitted that there is no civil, criminal or revenue

litigation which involves the Petitioner with respect to the issues

 [Link]

3
raised in the instant Writ Petition. Further, it is respectfully

submitted that the Petitioner has not approached the

concerned Government with respect to the relief sought in the

instant Writ Petition.

FACTS OF THE CASE:

..
4. The Preamble declares that tbe Constitution secures Liberty,

Equality and Fraternity to the citizens of India. The guarantee

of fraternity, .in turn, assures the protection of the dignity of

each individual citizen. Part III of the Constitution makes these

guarantees effective by recognizing fundamental rights

including the right to life, the right to equality and the

prohibition of discrimination.

5. The Ministry of Social Justice and Empowerment had

constituted an expert committee and authorized it to submit a

report on Issues relating to Transgender Persons. The Report

~1 rec,agnized the rights of transgenders to a limited extent. A

copy of the Report dated 27/01/2014 of the Expert Committee

of the Ministry of Social Justice and Empowerment is annexed

herewith and marked as Annexure P-1 (Page no. h to

7..o 1,.).

6. · In 2014, this Hon'ble Court, in the NALSA judgment, declared

that the continued discrimination against the transgender

community in India is contrary to the Constitution. This Hon'ble

Court recognized that gender identity is one of the most

fundamental aspects of life and. that every individual has a right

 ·> •. ;;.~·e"A"!-XO:tX:~:X..:::Jo:;..._-l.A~..t::.i' ' •.... ,-. \ •:.t'i'-tf,.~.;-.~~;·,

[Link]

L-f
to self-identification of one's gender identity. This Hon'ble Court

further expressly noted that depriving persons who are

transgender of rights, benefits and privileges available to other

persons in India is contrary to Article 14 of the Constitution.

Further, this Hon'ble Court noted that the term 'sex' in Articles

15 and 16 of the Constitution includes gender as a distinct

I

component. Thus, any discrimination against transgenders, the

Court held, violates Article 15 and 16 which prohibit

discrimination on the basis of sex. Most importantly, the Court

noted that self-determination of gender is an integral part of

;:·

personal autonomy protected under Article 21 of the

Constitution. Further, the expression of one's self-identified

gender is protected under Article 19 (1) (a). In furtherance of

~---

.···:

these declarations, this Hon'ble Court directed inter-alia the

Central and State Governments to grant legal recognition to ;~{

·~:

;?
transgender persons and to take steps to treat them as Socially l;,
~·-··
~ :·;
~ ·;:
~ :;;
and Educationally Backward Classes of citizens for the purposes
~~;
of reservation in educational institutions and in public ~--

employment. A copy of the judgment of this Hon'ble Court in

National Legal Services Authority v. Union of India (2014) 5

sec 438 is annexed herewith and marked as Annexure P-2

..
(Page no. 'lo-s to l-~).

7. Following the NALSA judgment, a private member's Bill titled

'The Rights of Transgender Persons Bill 2014' was introduced in

the Rajya Sabha on 12/12/2014. The Bill was passed by the

 [Link]

Rajya Sabha on 24/04/2015. Despite the Bilf being passed

unanimously in the Rajya Sabha, Respondent No.1 took upon

itself to pilot a fresh draft of the Bill incorporating the features

of the private member Bill.

8. Following this, Respondent No.1 introduced the Transgender

Persons Bill 2016 in the Lok Sabha. The Petitioners submit that

this Bill was fundamentally flawed and had..a set of provisions

which were more likely to harm the interests of transgender

persons.

9. The Bill was subsequently referred to the Parliamentary

Standing Committee on Social Justice and Empowerment.

10. The Parliamentary Standing Committee laid a report before

both the houses of Parliament pointing out several flaws in the

draft Bill. It was pointed out that the Bill fails to guarantee the

right to self-determination of gender. It was also pointed out by

the Committee that the Bill lacks teeth in so much as there is

no grievance redressal mechanism. The non-discrimination

provisions, the provisions for health benefits, and the provisions

for social empowerment and inclusion were all found to be

inadequate. A copy of the Report of the Standing Committee

dated 21/07/2017 is annexed herewith and marked as

I

Annexure P-3. (Page no. 13-5' to :W3 ).

11. The 2016 Bill was passed by the Lok Sabha with 27

amendments accepting some of the suggestions of the

Standing Committee. However, the fundamental flaws at the

 [Link]

6
heart of the Bill remained and were left untouched by the Union

of India.

12. The 2016 Bill lapsed on the dissolution of the Sixteenth Lok

Sabha on completion of its term in 2019. The aforesaid Bill was

introduced once again in Seventeenth Lok Sabha. The Bill was

passed by the Lok Sabha on 05.08.2019. The Rajya Sabha

passed the Bill on 26.11.2019 and received the assent of the

I

President on 08.12.2019. A copy of the Transgender persons

(Protection of Rights) Act, 2019 is attached herewith and

marked as Annexure P-4 (Page no. YI•«A < to "-'" ).

GROUNDS:

1. For that Sections 4 to 6 of the Transgender (Protection of

Rights) Act, 2019 violate the right to life with dignity

guaranteed under Article 21. . The Act restricts the right of

a transperson to self-identification of gender identity by making

, it ,conditional on a certificate issued by the District

Magistrate.(National Legal Services Authority v. Union of India

(2014) 5 sec 438)

2. For that Sections 4 to 6 the Transgender (Protection of Rights)

Act, 2Q19 violate Article 14 of the Constitution by making self-

.
identification of gender of transperson subject to certification

by the State. The prescription of this me~t]od is discriminatory

as a non-transperson in India is not required to subject himself

or herself to such a process for certification of gender identity.

 .-.. . - •. ~.·.M···-·--L~__.._ ... ~ ............ ,. ~ v-..·;,..·_...-.~u;~~H.S~O:X-<~::-:'t~l·t"-...c.,_>:l~·.· r. ~:~. ·.J-:.J.~··:, _,:'t:~.![Link].!;~~-L~\ ·· ~- ;. .. ....... -, ._, .:;.:..:.
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-;r-
3. For that Sections 4 to 6 of ~he Transgender (Protection of

~ights) Act, 2019 is manifestly arbitrary as a District Magistrate

(hereinafter DM) as there is no rationale in vesting the DM with

such a power. The Petitioners submit that this provision of the

Act is likely to lead to discrimination of traNSpersons. (Shayaro

:...... Bano v.. Union of India (20 17) 9 SCC 1)

1:.- .

4. For that Section 7 of the Transgender (Protection of Rights)

Act, 2019 violate the right to life with dignity guaranteed under ..
Article 21. In cases where a transperson undergoes a gender

affirming surgery is required to be certified by a Medical Officer

in addition to the DM.

5. For that Sections 4 to 7 of the Act constitute disproportionate

interferences with the right to privacy of a transperson. The . '~.

right to privacy in respect of gender identity and sexual

orientation protects the most intimate sphere of a person's

individuality and personhood. The scope for any interference by

the' State in this sphere is extremely limited. (Justice Retd. KS

Puttaswamy v. Union of India (2017) 10 SCC 1)

6. For that the process of certification fails to pursue any

legitimate state aim and hence .is disproportionate. It cannot be

said that the aim of the state Is to give effect to the right to

self-identification as the process in its very nature is state-

I

identification of transpersons and not self-identification. The

process of certification fails to pursue the legitimate state aim

of giving effect to the right to self-identificati9n.

,•.·
 ,:~_::·<·>;'

[Link]

9
7. For that the process of certification is not a suitable method of

giving effect to the right to self identification. The means

adopted ·in fact is completely. contrary to the stated aim of

giving effect to the right to self-identification.

8. For that the process of certification in the present case is

unnecessarily invasive and fails to achieve a balance between

the right in question and the state aim of effectuating self-

identification. The method prescribed completely deprives

I

transpersons of their right to privacy.

9. For that Section 3 of the Transgender (Protection of Rights)

Act, 2019 is unconstitutional as it fails effectively protect the

right against non-discrimination guaranteed by Article 15 and

16 of the Constitution. The Act fails to set out the

consequences of violation of Section 3 thus falling short of

being a guarantee against discrimination.

10. For that Section 17 which states that the National Council for

Transgender Persons shall perform the function of redressing

the grievances of Transgender Persons suffers from the vice of

vagueness and arbitrariness. Further, Parliament, in doing so,

has abdicated an essential legislative function.

11. For that the right against non-discrimination being a

constitutional right, any violation of the same including a

provision which gives effect to the same calls for a quasi-

judicial determination of the violation. of the right and its

consequences. It is submitted that Parliament, despite the

 [Link]

/0
question and the court which is referred to as a competent. The

Petitioners submit that this section, as a result of its vagueness,

is liable to be misused to the detriment of transpersons.

17. For that this Court in National Legal Services Authority v. Union

of India (2014) 5 SCC 438 expressly directed the Union and

State Governments to take steps to treat them as Socially and

Educationally Backward Classes of citizens for the purposes of

reservation in educational institutions and in public

employment. Section 14 of the Act on the other hand merely

I

states that the appropriate Government shall formulate welfare

schemes and programmes to support transpersons. The

Petitioners submit that reservation being a facet of equality is a

necessary measure that Parliament should have incorporated in

the Act.

18. For that Section 18 of the Act is vague and arbitrary as it

groups dissimilar offences including grave offences and

prescribes a common pen~lty/punishment for the same.

19. For that Section 18 (1) (d) of the Act is completely arbitrary as

it combines dissimilar offences. The provision attempts to

punish "harms or injures or endangers the life, safety, health or

well-being, whether mental or physical, of a transgender

person or tends to do acts including causing

physical abuse, sexual abuse, verbal and emotional abuse and

economic abuse". None of the provisions in this section is

defined thus leaving the actu_s reus that is to be punished

completely vague.
 [Link]

IJ
20. For that Section 18 permits the imposition of six

months imprisonment for acts such as "endangering the life of

a transperson" or sexuafly abuse of a transperson. It is

?Ubmitted that the provision is completely arbitrary and

irrational. The provision violates the right to life of transpersons

by prescribing grossly inadequate punishment for heinous acts.

21. For that under Section 18 of the Act, the punishment prescribed

is grOS$1Y inadequate. To further this contention, the Petitioner

would like to rely on the various legislations which prescribe

punishments for the offences made punishable under Section

..
18 of the Act. For instance, the punishment for bonded labour

under the Bonded Labour System (Abolition) Act, 1976 is

extendable to three years and also with fine. Similarly, while

the punishment for offences such as rape against women are

punishable with upto life imprisonment under the Indian Penal

Code, Section 18 of the Act prescribes a mere six months to

~wo years of punishment for sexual abuse against transpersons.

This clearly indicates the discriminatory nature of the Act under

challenge.

22. For that Section 15 the Act fails to guarantee the right to health

of transpersons by merely requiring the provision of a

comprehensive insurance scheme for transpersons.

23. That the present petitioner has not filed any other petition in

any High Court or the Supreme Court of India on the subject

matter of the present petition.

 [Link]

PRAYER
{2--
In the above premises, it is prayed that this Hon'ble Court may

be pleased:

(i) To issue a Writ declaring the Transgender Persons

(Protection of Rights) Act, 2019 as ultra vires the

Constitution of India;

(ii) to pass such other orders and further orders as may be

deemed necessary on the facts and in the circumstances of

the case.

FOR WHICH ACT OF KINDNJESS, THE PETITIONER SHALL BE

DUTY BOUND, EVER PRAY.

DRAWN BY: ~12.4019

Shankar Narayanan, Adv. FILED BY:

Pla~e:New Delhi RASHMI NANDAKUMAR

Dated:11.12.2019 (ADVOCATE FOR THE PETITIONER)

..
 [Link]

IN THE SUPREME COURT OF INDIA 13 1Sl. No.......... ........: ~

CIVIL ORIGINAL JURISDICTION l Date...Q.. ~...[Link].. 2D."
WRIT PETITION (C) NO. 2019

IN THE MATIER OF
ShiAT f BI:DHAN Bt:!I<Uf1H PETITIONER
VERSUS

UNION OF INDIA . .RESPONDENTS

AFFIDAVIT
I, SWAT! BIDHAN BARUAH, D/o Supti Ranjan Baruah, aged about
27 years, R/o Pandu Cabin, Near Rly B.G. Office, P.O.- Pandu,
District- Kamrup (M), Guwahati, Assam do hereby solemnly affirm
and state as under:

1. I am thePet!t!oner !n the aforesaid matter and I am fully conversant

with the facts and circumstances of the case and I am competent to
swear this affidavit.

2. The contents of the synopsis from pages _g_ to J:::L and Writ
[Link] from pages -+- to 1'2- and I.A.s have been understood by

me and I say that the facts mentioned therein are true to the best of
my knowiedge and beiief.

3. The Annexures P-1 to P~from pages ~ to ~ 1 \ filed with the

Petition are the true typed copies of its original.

4. I have no personal gain, private motive or oblique reason in filing

the Public Interest Litigation.
S!ollo.h ~idh~n ()04tW_a.fv
DEPONENT
VERIFICATION:
I the Deponent above [Link] do hereby verify that the
contents of the paras 1 to 4 of the aforesaid Affidavit are true and
correct to the best of my knowledge and belief and no part of it is
false and nothing material has been concealed therefrom.

Verified at Guwahati on this the 5th day of December, 2019.

S!Nah ~idhtm. f?>orwa~

ct~··\~~~AS
DEPONENT
C,. ...
S oIemn Iy 8;MIT;[Link], •..••.. , ,, rn;:: t'.
·n1s
Kamrup & ·.t\o Guwahati day, ! Ceriify that I ~e:·:c1 over and
Regd. I o.- 13518 . explained tne Contc:nts ·o the
GOVT OF INDIA declarent and that the declarant
Seemed perfectly to understand them
 [Link]

ftnnV<vrt P--1
PREFACE

The pr,oblem~ beiqg fCJ.~~d b,y the Tl'MSgenderco!11lnunity have 'been brought
to the notiee of the ·Go.v~rnmen.t ihthe rec¢1'tt past. In this regard~ a meeting was
orga11Lz;ed by th~ Ministry of Social Jt1stice &? ·Bmpo\v~rrnent on 2Jrd August, 20 l3 to
discuss the issues relating to Trans gender comrrru11ity such as social stigma,
discrimination, lack of education, public health cate, employment opportunities, issue
of various gov~mment documents, etc. [n this meeting, the representatives from State
Govenunents, Ttansgenoer [Link], Univ¢t,sity Ftof¢.ssors, etc., were invited. It
was suggested to constitute a Comn1ittee to study the problems of Transgender
Community and suggest suitable measJ;[Link] to address them. Further, two Public
Interest Litigations h~ve also been filed, one in the Hon'ble Supreme Couti of India
·and the other in High Court, Murribai. [Link], the Government [Link] an
Expert Committee to make an '[Link] stuq:y of the pro:blems [Link] f~ced by the
Transgender [Link] and sugge,st suitable measures to [Link] them. An order
for constitution of th¢ [Link] Committee on the issues relating to 'Transgender' was
made on 22 nd October 201.3.

As per the terms ot; Reference, the Comrnittee was given a time frame of three
months to submit its report with effect from the date of its constitution. The
Committee [Link] times i.e. on 6th Novetnber 2013, 29th November 2013, 3rd
Jartuary 2014 and 2.1 51 [Link] 2QIA .to discuss the issu_~s. It also invited various other
expetts in the meetil1gsas Special Invitees:

The Ministry [Link] with gratitLtde the valuable s~tggestions and

contributions mf!(ie by [Link] Co,rrunittee M~mbers and Special Invitees in the
deliberations of the mee:ti11.g: arid :fn th~ pre.patat1on ofthe Report. The report of the
Committee is submitted to the Mit1istry of Social Justice & Empowerment on
27, 1.2014.

[Atwd'f) ~timafS'fiVasta va]

Additional Secretary
M!o Social Justice and Empowerment ·
..
New Delhi
Dated: 27.0 l .2014
 [Link]

R:ep,ort of tbe- Expert Co ntrrdttee the Issues relating to·on

· Transgenderl;)ersons
. Pr(J~~ss fcdloyyed-:by·th.:e·CoQ1tnittee: in S~U'.b.p1is~iou of the Report

A. consultalio:n meeting on the issues [Link] to Transgende:r conmlUnity was held in

~ Shastri 13:hawan on 2~r# All,g'u·s't, 2,Q.l3 with a vie:W· io finding out the' Status and problems of
Transgender col,Tl111unity and 'to ·obtain the views of Trarisgender conununity, experts,
researchers, com;erned -Central and State Governments and to fmd ways and means to
mainstream the Transgender community. This rne~ting was attended by representatives from
Central Ministr:i~~· ofk~w ~4~st~QeJ ,~xternalAffairs ~u4 ,the O~p~1·tment of Aids Control, .
few $t·ate . 'GQ:[Link]:nt~; · t;;/;hl.ijlt1. Pfof~s~o·ts;. ·NGO , [Link]:ies and'· Transgender
conununity. Minutes of this n1eeting are at Atlne.x~1re~l. ·In the meeting It was, inter alia,
reG.(Jmmend~'dto constitgte aComtnitt~eto studYthe problems of the community. Concerned
with the [Link]. beiqg faced by the. Transg~?n~e:r cor11rounity, the Department of Social
Just~r~.e a:nd Bn.J:pq?fii;~frrr~ltt:'t~m~~~(~Je~, tniS: Sxp.¢~:,,Qdhtniittee to· make an in~depth study of
thepuoblems b.~ing faced i;,y th~ '12-r~ns,genderCorrGfiunity and snggest suitable measures that
can be taken by the Goverrunentto s,meliorate th~irptoble"Ins.

2. . Ministry of Social Justice & Empowerment {MSJE}vide Order No.l7-08/2013~DP-II

dated 22"d October, 20 LJ (Annexure-2)constituted\\~l'lExpert Com.n}ittee on issues relating to
transgender persons to make an in-depth study of the problems being faced by the
transgenqer conimunity and suggest suitable. measures th~t can be taken by the Government
to ameHo'r<lte those.,problems. The Expert Committee was required to submit its report with
[Link] ·W,[Link] months of its C01,1St'it~tion
. ''. ..: ·

. .
3. MSJE [Link] all State Govern111ents ~rtd UT administrations to give their
conm1e11ts ana sqggestions on the issue by 22"d Novembyr, 2013. The conunents and
suggestib~s received· from. Stat~srVTs h~ve been consolidated and placed at Annexure-3.
[Link] had also issued an advertisement in new$pap~rs :~ncl also hosted it on the official
website of the ·Ministry,. invitittg. conunents· and' s,~'ggestibns from· irtdividuais, organizations
and institutions by 22"d November, 2013. The conunents ai1d suggestions received from
them have been consolidated and placed at Annexure-4.

4. The Expert· C:onu~t~ttee .heJ~ four meetiqgsdn 6111 November, 2013, 29 111 November,
201:3, JrdJa~uary, 20'14 & 21 51 J~utuaty, 2014. The minutes of the meetings held on 6111
November, 2pl3; 291h [Link], ~Ol3, Yd January, 2014 and 2151 January, 2014 are at
Aru1exures 5, 6, 7 a!ld 8 respectively.·
..
5. The Chairp~rson of tile GQ.(1;Ul1ittee ~lso .tnade a visit to Chennai on 26 1h-27 111
November, 2013 and interacted with State Government officials and ·representatives of
transgender community to g((t a [Link],-~and·acaount of the ft111ctioning of the Aravanis Welfare
Board set up by the State Government. The minutesofthesaid meeting are at [Link]-9.

~~--~,,._,.~.~~-""7r.:"---------:;-----:-:- ~-~"'>T-~"''=<"r!•-;~·z·<·:'-"'~">'~•~"',0''~
 [Link]

/6
6. The report. of the Expert Committee was finalized and approved by the Committee in
its Fourth Meeting. held on 21st January, 2014, l:llJ~ is appended.

~
(\·~
~,~· ~. """'
.i \

~~
,..
,JA.. ...-· . .&~
.- . ~h~la Mee~ai) ' (Dr.~

...

(Dr.~~
.. t/1;#4' .
(D.r. Rajesh Kumar) (D~anade)

ro.A
~·
.
(Dr. C.R. Sruuadder) (Laxmi NarC~,yan ttipathi) (Seeta Kitinar: Bharti)

k\ ~4 ~~\MA\ <fl1~ \j/.1'\i"\

~1~~\\
(Saira Banu Sheikh) (Dr. Anll Sain) (Naba Kumar Pal)

f"'~ Mt~~ a~14

(Shanti Kumari) rapani) ( [Link]: Gl\-1:11..:l)

..
 [Link]

l::r
Report of the Expert Committee on the Issues relating to
Transgender Persons
Process followed by the Committee in Submission of the Report

A consultation meeting on the issues relating to Transgender community was held in

Shastri Bhawan on 23rd August, 2013 with a view to finding out the status and problems of
Transgender community and to obtain the views of Transgender co~unity, experts,
researchers, concerned Central and State Governments and to find ways and means to
mainstream the Transgender community. This meeting was attended by representatives from
Central Ministries of Law & Justice, External Affairs and the Department of Aids Control,
few State Governments, University Professors, NGO functionaries and Transgender
community. Minutes of this meeting are at Annexure-1. In the meeting it was, inter alia,
recommended to constitute a Committee to study the problems of the community. Concerned
with the problems being faced by the Transgender community, the Department of Social
Justice and Empowerment constituted this Expert Committee to make an in-depth study of
the problems being faced by the Transgender Community and suggest suitable measures that
can be taken by the Government to ameliorate their problems.

2. Ministry of Social Justice & Empowerment (MSJE) vide Order No.l7-08/2Ql3-DP-II

dated 22nd October, 2013 (Annexure-2) constituted an Expert Committee on issues relating to
transgender persons to make an in-depth study of the problems being faced by the
transgender community and suggest suitable measures that can be taken by the Government
to ameliorate those problems. The Expert Committee was required to submit its report with
recommendations within three months of its constitution.

3. MSJE requested all State Governments and UT administrations to give their

_. __ , comments and suggestions on the issue by 22nd November, 2013. The comments and
suggestions received from States/UTs have been consolidated and placed at Annexure-3.
MSJE had also issued an advertisement in newspapers and also hosted it on the official
website of the Ministry, inviting comments and suggestions from individuals, organizations
and institutions by 22 11d November, 2013. The comments and suggestions received from
them have been consolidated and placed at Annexure-4.

4. The Expert Committee held four meetings on 6th November, 2013, 29th November,
2013, 3rd January, 2014 & 21st January, 2014 .. The minutes of the meetings held on 6th
November, 2013, 29th November, 2013, 3rd January, 2014 and 21st January, 2014 are at
Annexures 5, 6, 7 and 8 respectively.

5. The Chairperson of the Committee also maqe a visit to Chennai on 26 1h-zih

November, 2013 and interacted with State Government officials and representatives of
transgender community to get a first-hand account of the functioning ofthe Aravanis Welfare
Board set up by the State Government. The minutes ofthe said meeting are at Annexure-9.

Page 1 of 55

-;-,..,..-:---.c~~~:r'i""i"'~-'IJ- ctt,<.t.•.i:.i.r.~_~J_d,.u_O:i~- -------~~·o•'X'·<;:;._.•d~:t.- """'~;-::~·

 [Link]

rs
6. The report of the Expert Committee was finalized and approved by the Committee in
its Fourth Meeting held on 21st January, 2014, and is appended.

(Ghazala Meenai) (Laya Medhini) (Dr. Sanjai Bhatt)

>_;-.,._""'-'>.-'

(Dr. Rajesh Kumar) (Dr. Ketki Ranade) (Dr. Archana Dassi)

(Dr. C.R. Samadder) (Laxmi Narayan Tripathi) (Seeta Kinnar Bharti)

(Saira Banu Sheikh) (Dr. Anil Sain) (Naba Kumar Pal)

(Shanti Kumari) · (Dr. Venkatesan Chakrapani)

(Anoop Kumar Srivastava)

..

Page 2 of 55
 [Link]

I~
Annexure-1

Minutes of Consultation meeting on the issues relating to Transgender held on 23rd

August 2013 at conference Hall, Central Secretariat Library, G Block, Shastri Bhawan,
New Delhi.

Ministry of Social Justice and Empowerment (MSJE), Government oflndia organized

a consultation meeting on the issues relating to Transgender (TG) on 23rd August 2013 in the
Conference Hall, Central Secretariat Library, G Block, Shastri Bhawan, New Delhi, with the
objective of finding out the status and problems of transgender community and to obtain the
views ofTG Community, experts, researchers, concerned Central and State'Governments for
mainstreaming the transgender community. Meeting was attended by representatives from
Central Ministries of Law and Justice, Health and Family Welfare, External Affairs etc,
concerned State Departments, University Professors, NGO functionaries, Transgender
community leaders etc. The list of participants is at Annexure-!.

Shri Anoop Kumar Srivastava, Additional Secretary, MSJE welcomed all the
participants and g~ve his key note address. He mentioned that the Ministry was organizing
this consultativ(( meeting on transgender for the first time. He further added that the Ministry
had been receiving the information pertaining to these groups but wanted to get better
educated on the issues by listening to the representatives of TG community and subject
experts. He emphasized that the Ministry was committed to improve the condition of
Transgender and this meeting was an important step in this direction. He requested the
participants to share their views and inputs on what can be done for the welfare of the
community.

Shri T.R. Meena, Joint Secretary (SD) informed that MSJE had been designated as
the Nodal Ministry for TG with effect from July 2012 and had taken other
ministries/departments on board. He pointed out that MSJ&E will coordinate with other
Ministries and Departments to mainstream them. He mentioned that in olden days, TGs used
to be considered a divine creation. Today they are, however, highly marginalized population.
They live their life in difficult conditions and face stigma in their day to day life. The
Ministry was committed to change the mindset of general public favorable to TG community.
Further, he informed that Govt. of Sikkim, Rajasthan and Tamil Nadu provide pension to TG
community people. Rural Ministry employs them under Rajiv Awas Yojana. He further
emphasized that there are many issues and problems faced by them but some issues need
immediate intervention like enumeration, health, employment, identity etc and MSJE had
taken up the matter with the concerned Ministries and Departments for appropriate
intervention.

Page 3 of 55

., :-=~~<f~!-}:;~-;' --~-"""~"~--~-·~-·--
 [Link]

2-CJ
Shri Balkrishna Shukla, M.P, Rajya Sabha, New Delhi expressed that MSJE had
responded well by initiating the developmental measures for the welfare of the Trans gender
Community. He further stated that he had taken up the matter of the community including the
issue of 'other' column in the electoral roll with Prime Minister. He stated that political will
was essential for development of programs and policies for the community. He assured the
participants, specially the community representatives that he is committed to the cause of the
,,~,, community and will continue to raise the issues ofTransgender in political forums.

Shri G.P. Upadhayaya, Principal Secretary, Govt. of Sikkim pointed out that the State
had formulated an appropriate definition of Transgender and a special Committee on
I
Transgender had been constituted in Sikkim state. He stated that a Medical Certificate was
enough to have access to programmes of the State Government. Further, the State had started
a pension scheme and other· welfare measures for the community. The State has also
constituted a medical board to verify the status of Trans gender to make them eligible for the
schemes.

Ms. Laxmi Narayan Tripathi, Mumbai pointed out that Thailand is a model country
wherein all the required facilities are being made available to the Transgender Community.
Further, she suggested for the establishment of a Commission on Transgender and protection
ofTransgender culture. She strongly recommended that the nodal Ministry should coordinate
with all the State Governments and departments to integrate them into the Society.

Ms. Sairabanu said that most of the Trans gender are poor and illiterate and Govt. of
India is the only source for the rehabilitation and upliftment of Kinnar community.
Government should take housing and health measures for the welfare of Transgender
Community. Tamil Nadu Govt. has a provision of Rs. 2000/- per month for every
Trans gender.

Ms. Rani Patel, representing Aarohan, said that Arohan is running programmes for
under privileged children and has conducted many Studies on Transgender Community. She
suggested that parents of the Transgender need to be counseled appropriately in order to treat
Kinnar children at par with other normal children. She also added that vocational training
may be imparted among the Kinnar Community in order to enable them to lead a life worth
living. She further suggested that the Educational facilities should be extended to the Kinnar
Community.

..
Page 4 of 55
 [Link]

2-1
Ms. Kamla Mausi, representing TG from Mumbai, stated that 'Hijra' community is
facing discrimination and stigma in every sphere of life. She stated that discrimination starts
from the family and continues for the entire life. Taking corrective actions and sensitizing the
society and family would be a great contribution to the community's cause. She suggested
setting up a 'Hijra' Welfare Commission on the lines of the Commission for SCs & OBCs.

Ms. Shabnam Mausi, a senior community leader from MP, highlighted the plight of
'Hijra'/TG community. S~ stated that most families do not accept iftheir male child starts
behaving in ways that are considered feminine or inappropriate. After rejection by their
family, they lose their identity and face many challenges and live their entire life in fear of
discrimination and stigma, but a Guru or Nayak gives them protection and shelter. She
..
suggested that the Gums ofTransgender be recognized as guardian and be given more power.

Ms. Sita froll? Ki_nnar Bharti, Delhi raised the problems of violence and harassment
and torture of Transgender by police. She stated that stakeholders and community should be
careful as some people with criminal behavior change their dress and pose themselves as
'Hijra', thus maligning the image oftheir community.

Ms. Mridu, Technical Officer, Department of AIDS Control, NACO informed about
the initiatives taken by NACO. She stated that sentinel surveillance reports of NACO
revealed high level of HIV prevalence in the community. As a result, NACO has designed
exclusive intervention for the 'Hijra'/TG community.

Ms. Shabnam Mausi expressed that in addition to problems of identity proof and
hindrances, the community faces police atrocities. Authority should be given to Transgender
Gurus for authorizing them to identifY the community members to enable them to get identity
document as they don't have Birth/Father/Mother Certificates etc. She requested all to have a
positive attitude towards the Community.

Shri Anoop Kumar Srivastava, Additional Secretary (SJE) intervened and informed
that as per information provided by the Election Commission of India, the Commission had
already issued directions under provisions of Rule 4 of the Registration of Electoral Ro II~
1960 that in Forms (Form 6, 7, 8) relating to enrolment in the electoral roll,
eunuchs/transsexual may include their sex as 'other' where they did not want to be described
as male or female. Further, the Election Commission had directed the Chief Electoral
Officers of all States/UTs to make necessary modifications in the form of Electoral Roll and
all the forms relating to enrolment. As per the final electoral roll, with reference to 1st

Page 5 of 55
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rt't-
January, 2012, as the qualifying date, there were 11601 electors who had been enrolled under
the 'other' category. All such persons enrolled in the 'other' category are also entitled to get
the elector's photo identity card.

Ms. Abhina stated that the transgender face the problem of unemployment even after
proper education. Further, she said that average cost of living for Transgender is 3 times
higher than the male or female. She suggested there should be Welfare Board for TO
population in each State and cited the example of Tamil Nadu. She suggested that actual
population should be identified and accordingly welfare measwes should be planned. The
concept ofTransgender should cover all categories of people such as female to male, male to
female, etc.

Ms. Simaran Sheikh requested the Ministry to identify and enumerate Transgender
Pop1..1lation to have an authenticate data. She informed that UNDP has some data on
Transgender which is more authentic but not complete and same can be used for planning
welfare schemes.

Ms. Akriti Patel, Transgender, Gujarat informed that in the Govt. hospitals there are
only male and female wards but there is no separate ward for the Transgender Community.
Further, the Govt. hospitals should have medical facilities for Transgender Community for
undergoing feminization treatment. The Transgender people are also interested in pursuing
their studies in the arts and classical dance but they are denied admissions which must be
rectified.

Ms. Kinnar Madhvi, Transgender, Gujarat informed that in the absence of any
employment for Transgender, they turn towards begging for living. She said that the Kinnar
Community craves recognition of their identity and emphasized that parents should take care
of their Kinnar Children and when the parents are aged, the Kinnar will take care of them.

Ms. Rudrani pointed out that there should be toilet facilities for transgender in
schools, colleges and hospital wards. Further the Policy Makers should treat Transgender
Conununity at par with other people, and the society has to change.

Shri C.S. Randev, CPV Division, MEA, informed about the documents required by
MEA for issue of passport. He said that they have the provision of third gender in their
software and can be incorporated provided it is demanded by the concerned beneficiaries and

Page 6 of 55

..
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1-3
approved by the competent authority. At the same time he insisted that the passport cannot
be issued unless certificate for age and address is produced. He further added that police
verification and a,ffidavit would also be the choices for consideration of address proof in near
future. However, he did not agree with the suggestion to accept the Gurus' recognition or
certification for age.

,•'

Shri Sylvester Merchant, Project Manager, Lakshya, Gujarat suggested that research
and documentation need to be carried out on transgender and name of Kinnar should be
rep laced by a Holy name.

Asstt. Director, [Link] Social Welfare Govt. of Delhi informed that Transgender
Community are eligible for old age pension ofRs. 1000/- per month in Delhi State. She stated
..
that the scheme will help recognize the community as a beneficiary in other schemes of the
government.

Shri Raj Sarvanakumar, Joint Director, Dept. of Social Defence, Govt. of Tamil
Nadu informed that' Tamil Nadu Govt. had established Aravanis Welfare Board and identified
4294 Kinnars. The Board has distributed ID cards to 3328 aravanis so far and Ration Cards
have been issued to 1544 Transgender, House Patta issued to 1053 Transgender, and tailoring
machines distributed to 102 Transgender, Insurance Certificate given to 660 Trans gender
Community people so far. Self Help Groups have also been formed and Rs. 154 lakhs so far
have been given as loan to SHGs. Further, 20% subsidy also has been given to this loan
amount.

Ms. Shomita Biswas, Member Secretary, State Women commission, Dept. of

Women and Child Development, Govt. of Maharashtra informed that her Department had
organized a Consultation Meeting to bring to the knowledge ofGovt., marginalization of this
group i.e. Transgender Community. Also Mahila Policy is in the pipeline which covers the
issues of sexual workers and Transgender. Further, she said that proposed policy include
components like ID Cards, health measures, shelter facilities and establishment of SHG
Group.

Shri Piyush Saxena, representing Salvation of Oppressed Eunuch, Mumbai gave a

historical perspective of the issue. He informed about his PIL and other follow up actions
which led to create an enabling environment for the community. He highlighted that census
exercise had not given the correct estimation. There are various flaws in sample
methodologies. There was no orientation of enumerators about the community which resulted

Page 7 of 55
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z~
into underestimated figures. He informed that the Election Commission had already issued a
notification regarding relaxation in the matter of date of birth, address proof and parents'
name.

At the end of the Meeting, Additional Secretary, Ministry of Social Justice &
Empowerment summed up the deliberations and following observations were made:-

Suggested steps/Key Recommendations

It was suggested to constitute a Committee to study the problems of the community

and suggest, within a specified time frame, suitable measures to address them. The
Committee should be properly represented by the community.

Passport authorities and Election Commission I may consider replacing the.

existing
colunm of 'other' by the term 'Transgender Gender'. These authorities should also consider
accepting thelr existing residence for the address proof and Gurus as their parents. This
suggestion was made by the representatives representing the TG Community.

Sensitize police about the human rights abuse of the TG community and take
appropriate steps to stop abuse, and consider creation of special cell for this purpose.

To customize intervention in health prevention and issues like Sexual and

Reproductive Health (SRH), Sex re-assignment Surgery (SRS). Train and sensitize public
health care providers on SRS and other health issues and provide community friendly
services free of stigma and discrimination.

There should be a special exercise to obtain the correct estimate of the population of
the community. The community should be involved in this exercise.

District authorities should be advised to protect the community from harassment.

Advocacy with police and other law enforcement agencies should be done to address the
issues ofharassment, violence and other crisis.

The Government should take steps to sensitize the general community so as to create
a supportive and enabling environment for the TG community.

The TranSgender community should be involved in designing any programs and

interventions for the community.

MSJE should take up research studies to generate more evidence to design the
programs and interventions for the community.

MSJE should compile the existing experiences /interventions taken by many States
like Tamil Nadu, Maharashtra, Sikkim, and Delhi etc.

Page 8 of 55

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 [Link]

1-f;
Address the social needs of Transgender including housing and employment needs.
There should be a focus on establishing linkages with livelihood programs, literacy program
and other development programs like Rajiv Gandhi AwasYojna, Indira AwasYojna and other
schemes ofMSJE for needy persons from TG community. MSJE should take efforts to make
.
these social welfare schemes more accessible to the community.

..

Page 9 of 55
 [Link]

tL6 Annexure-I

List of Participants

I. Lok Sabha

1. Shri Balkrishna Shukla, M.P, Lok Sabha, Vadodara

II. Central Government

1. Shri Anoop Kumar Srivastava, Additional Secretary, Ministry of Social Justice and
Empowerment, Govt. oflndia.

2. Shri T.R. Meena, Joint Secretary, Ministry of Social Justice and Empowerment, Govt.
of India

3. Shri J.C. Sharma, Legislative Department, Ministry of Law and Justice, Shastri
Bhawan, New Delhi.

4. Shri C.S. Randev, Litigation Consultant, MEA, .Patiala House.

5. Shri Sandeep Gupta, Director, National Institute of Social defence, New Delhi

6. Shri Surendra Rawat, Deputy Secretary (SD), Ministry of Social Justice and
Empowerment, Govt. oflndia

7. Dr. R. Giriraj, Deputy Director, NISD, Ministry of Social Justice and Empowerment,
Govt. of India

8. Dr. Mani Lal & Ms. Midhu Maken, Dy. Director General, TI Division, NACO

III. State Governments

9. Shri G.P. Upadhyaya, Principal Secretary, Social Justice & Empowerment Dept.
Govt. ofSikkim.

10. Smt Shomita Biswas, Member Secretary, Maharashtra State Commission for women,
Woman and Child Development Dept, Govt. ofMaharastra, Secretariat, Mumbai.

II. Shri Raj Saravanan, Joint Director, Dept. of Social Defence, Govt. of Tamil Nadu,
Central Secretariat, Chennai.

12. Mr. Vimal Kumar Sharma, Joint Housing Commissioner, Meerut.

13. Ms. Renu Love, Assistant Director, Dept. of Women & Child Development, Delhi.

14. Ms Anjali, Welfare Officer, Delhi

Page 10 of 55

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IV. Transgender Experts 21-

15. Ms Seeta, Kinnar Bharati, 2363 lind Floor .Jivan Building Opp. Metro Pill No.218
Main Road West Patel Nagar, New Delhi-110008.

~. 16. Shri Amit Kumar, Nipun, GH-5 & 7/883, Paschim Vihar, Delhi-87.

17. Ms Rani Patel, Aarohan, B-127, Malviya Nagar, New Delhi-17

18. Ms Laxmi Narayan Tripathi, Mumbai, Subject Expert

19. Sh Sylvester Merchant, Project Manager, Lakshya, Gujrat

20. Sh Manvendra Singh Gohil, Chairperson, Lakshya Trust, Gujrat

21. Sh Abhina Aher, Programme Manager, Pehchan, N.D

22. Ms Simran Sheikh, Transgender.

23. Ms Sheikh SairaBanu, Transgender.

24. Su. Sh. Shabnam Mausi Ji, Transgender, Chetna, Madhya Pradesh
..
25. Su. Sh. Kam1a Bua Ji, Transgender, Nagar Nigam Itwari District, Madhya Pradesh.

26. Ms. Akriti Patel, Transgender, Gujarat.

27. Ms. Kinnar Madhvi, Transgender, Gujarat.

28. Sh. Y.D. Ahire, Salvation or'Oppressed Eunuchs

29. Ms. Meena Malhotra, Salvation of Oppressed Eunuchs

30. Sh. K. Narayana, Salvation of Oppressed Eunuchs

31. Ms. Swati, Salvation of Oppressed Eunuchs

32. Sh. Shashi Sahai, Aarohan

33. Ms. Mridu Markan, Department of AIDS control

34. Sh. Yushant Kashta, Naya Nigar Sagar

35. Sh. Vijay Singh, Nipun

36. Ms. Rudrani Chettri

37. Sh. Atharv Nar, Astitva, Mumbai

38. Md. Aslam Naved, Dept. of Adult Continuing & Extension Education

Page 11 of 55

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39. S.P. Saxena, Ex IoFS

275
V. University Prof~ssors

40. Dr. Archana Dassi, Associate Professor, Dept. of Social Work, Jamia Milia Islamia
University, New Delhi.

41. Prof. Indrani Mukharji, Dean of Social Sciences, Centre for Spanish Language,
Faculty of Social Science, JNU, JNU Campus, New Delhi.

42. Dr. Rajesh Kumar, HoD, Dept. of Distance & Continuing Education, Faculty of
Social Science, Delhi University.

VI. Other Experts

43. Dr. Piyush Saxena, Salvation of Oppressed Eunuchs, Mumbai

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10(
Annexure-2

No.17-08/2013-DP-II

Government of India

Ministry of Social Justice & Empowerment

Shastri Bhawan, New Delhi

Dated 22"d October 2013.

ORDER

Subject: Constitution of an Expert Committee on the issues relating to 'Transgender'.

The problems being faced by the Transgender community have been brought to the
notice of the Government in the recent past. Two Public Interest Litigations have also peen
filed, one in the Hon'ble Supreme Court of India and the other in High Court, Mumbai. A
meeting was organized by the Ministry of Social Justice & Empowerment on 23/8/2013 to
discuss the issues relating to Trans gender community. The Government· have decided to
constitute a Committee to make an in-depth study of the problems 'being faced by the
Transgender community. The compqsition ofthe Committee will be as follows:

(i) Additional Secretary! Department of Social Chairperson

~-·"

Justice & Empowerment

(ii) Dr. Sanjai Bhatt, Professor, Delhi School of Social Work Member

(iii) Dr. Rajesh Kumar, HoD, Deptt. of Distance & Continuing Member

Education, University ofDelhi

(iv) Dr. Ketki Ranade, Professor, Tata Institute of Social Sciences Member

(v) Dr. ~chana Dassi, Associate Professor, Department of Social Member

Work, Jamia Milia Islamia University

(vi) Dr. C.R. Samadder, I.A.S. (Retd) Former Principal Secretary Member

Govt of Assam

(vii) Dr. Fatima Vasanth, Principal Cum Secretary, Member

Page 13 of 55
 [Link] ..

2. The Chairperson of the Committee may nominate any other Member to chair the
meeting during his absence. He will also be authorized to invite any other expert in the field
or representative of any other Ministry/Department of the Government of India or State
Government to the meeting, for seeking their views and suggestions.

3. The Terms of Reference of the Committee will be as follows:

"The Committee shall make an in-depth study of the problems being faced by the
Transgender community and suggest suitable measu~es that can be taken by the Government
to ameliorate their problems. The Committee shall submit its report with recommendations
within three months of its constitution".

~:p

Page 14 of 55 :::;
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4. TAIDA: The meetings of the Committee shall be held in New Delhi. The non-
official members will be allowed T AIDA equivalent to the entitlement of Group "A" officers
of the Government of India in the Grade Pay of Rs.5400/- as per relevant rules and
instructions ofthe Government.

Secretarial assistance to the Committee will be provided by the NISD.

Sd-

(T.R. Meena)

Joint Secretary to the Government oflndia

To:

1. AS (SJ&E)

2. All members of the Committee

3. Secretary, Ministry of Health & Family Welfare: for nominating a representative not
below the rank ofDeputy Secretary.

4. Secretary, Ministry of Home Affairs: for nominating a representative not below the
rank ofDeputy Secretary.

5. Secretary, Ministry of External Affairs: for nominating a representa-tive not below the
rank of Deputy Secretary.

6. Secretary, Ministry of Human Resource Development: for nominating a

representative not belo'w the rank of Deputy Secretary.

7. Secretary, Ministry of Rural. Development: for nominating a representative not below

the rank of Deputy Secretary.

8. Director (NISD)

Copy for information to:

1. PS to Minister (SJ&E)

2. PPS to Secretary (SJ&E)

Page 15 of 55
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32-
Annexure-3

Comments received from various States/UTs on Transgender Issue:

1. Rajasthan Govt.

Provision to provide the benefit in the pension schemes is available to transgender by state
Govt. Besides, those TGs who want to live in old age homes are given shelter in old age
homes. They are also given benefits in the states schemes like allotment ofhouse/ land.

2. UT Administration ofDadra & Nagar Haveli

There is no facility/concession/benefit etc. available for transgender community in Dadra &

Nagar Haveli.

3. <;ovt. of Kerala

There are no officially identified transgender in the state. No programme or scheme targeting
the transgender community is being implemented in the state.

4. Govt. of Manipur

Instmction for survey of TG with in the state has been issued. The survey is yet to be
completed. No benefits, facilities, concessions etc. have been extended to the transgender
community by the State so far

5. Govt. ofMizoram

There is no transgender community in the state of Mizoram. Hence, the Govternment of

Mizoram has no comments/suggestions to offer .

6. Suggestions given by the Govt. of M.P.

Transgender should be defined under particular sex for social respect.

Special school should be established for Kinnar and provision of free education from
1 to 12 std.

Scholarship schemes for Higher Education should be effective for Trans gender with
the help ofCentral and State Govt.

Transgender should be included under the National urbane housing schemes and
Indira Gandhi mral housing schemes on the priority basis

There should be provision of employment

Benefit of reservation should be provided in 3rd and 4th grade administrative

services.

Government of India should declare special central Helping Programmes for this
Group

Page 16 of 55
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35
"Kinnar Diwas" should be declared once in year to give them respect and recognition.

7. Govt. of Gujarat

It is important to bring them into the mainstrea~ of society by making them live with
their parents and conununity.

Trans gender should be included in definition of Child given under the Juvenile Justice
(Care and Protection of Children). Hence, the definition includes Boy, Girl or Transgender.

Action should be taken to provide counseling services to Transgender Children under the
Integrated Child Protection Schemes.

8. Government ofNCT ofDelhi

The Government of NCT of Delhi is in the process of launching a scheme of

Financial Assistance of 1000/- per month to the Kinnars who are living in Delhi at least for 3
years. Food subsidy for Rs 600/- per month has already been started under Dilli Annashree
Yojna. The targeted intervention programme to deliver HIV counseling & testing through 8
projects are operational in Delhi to cover 5200 TO persons.

9. Chandigarh UT Administration

There is no scheme for the benefits ofTG in the state.

10. Government of Haryana

• Transgender Community should be covered under any pension scheme so that they
can get any benefit.

..

Page 17 of 55
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0 0

3'1
Annexure-4

Compilation Qf comments/suggestions received on Transgender Issue

1. Shri M.P. Bhardwaj, Retd. Joint Director, Rajya Sabha Secretariat-

Appropriate intervention by the Govt. ofindia.

Census/population enumeration ofTransgender people.

Registering and Issuing Identity Cards to Transgender people.

Rehabilitation and financial assistance to Transgender People.

Including Transgender people in Persons with Disabilities (PwD) Category.

Reservation in Education and Employment.

Special Grievance Redressal Cells for their protection.

Creating awareness.

2. Shri [Link], President of a N.G.O, New Delhi -

Special facilitation may be extended by MoH&FW as given to Persons with

Disabilities. That includes sex complications.

Reservation at par with above category in Education & Govt. Jobs

Law should be accommodated in the matter of dishonor comments and molestation if
any.

Categorization of Transgender as per their body frame with percentage of Male or

Female bend.

3. Ms. Sandhya Sinha, Citizen

They can be employed as guards in security agencies & for VIP covers

Sensitizing the masses of their problems. An Awareness drive is must.

Page 18 of 55
 [Link]

4. Shri Arvind Gupta, Citizen- $_5

Bringing trans gender into the mainstream of Society

5. Ms. Ranjita Sinha, Association of Transgender &Hijra (ATHB)

State Govt. to take steps to ensure separate recognition for transgender in the areas of
social entitlements like passport, driving license, banlc account and enforce legal actions in
the matter of family inheritance of property and assets.

Health Services should be provided like Govt. Hospitals, Shelter homes and
rehabilitation centers etc.

The Govt. of West Bengal has taken initiative to open shelter homes for senior
Female Sex Workers (FSWs) and have already identified a first cut number of those aged sex
workers who need to be rehabilitated life long. Similar initiative needs to be taken for the
Transgender and 'Hijras also as they are also marginalized as FSWs.

6. Ms. Pooja ;Aggarwal, Citizen

Transgender must get equal rights like any other male or female.

7. Shri [Link], Citizen

Integration in Society

Vocational Training for adults in Transgender Community

Provide Reservation for TG Community in Central & State Govts,. Job

Provide self-employment opportunities

8. Mr. Aslam, Citizen

Size Estimation and Risk Profile ofHijras and Transgender (TG) Population in Delhi

9. Shri Hari Shankar Sharma, Citizen

Imparting training in food preparation

Imparting training in decoration

Imparting training in driving

Page 19 of 55
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..
Imparting training in dancing 36
Imparting training in hotel reception/aasha worker/child development
deptt/education/teaching/she taxi [Link]-all female taxi as is done in Kerala

10. Shri K.K. Sharma, Vidrohi, Kullu, H.P Citizen

Mixed breed marriages of Father-Mother or Mother Father relations must be encouraged/

promoted by honoring with cash prizes or prosperous Standard of Living. There off-springs
must be provided with free education, noble employments and professions and avocations.

11. Prof. Dr. M. Manoharan, Abirami Kamadhenu Medical Trust

Identify the cause and the period during which a person transforms into the stage of
Thirunangai (Transgender) in order to avoid such occurrences.

As and when it comes to the notice of the count (Census) or any other institution, the
transgender must be included in the count.

Depending upon the age, they should be given proper education, vis. Technical, non-
technical, Skilled & Semi-skilled.

Employment for Transgender People for ensuring an independent life to them.

Social Status and enactment of safeguards for them to prevent name callings.

12. Shri Gurdial Sahota, Ludhiana

Proper Urina'VLatrine facilities should be provided.

13. Shri Subhash Chandra Agrawal, Delhi Citizen

National Eunuch Commission should be constituted. Govt. should announce

unrestricted admission to any educational institution (Private or public) for free education to
eunuchs without needing any reserved quota.

Criminal action should be taken against those parents who may disown transgender
child. Eunuchs forcing parents to part away with transgender children should likewise be
arrested and punished with stringent most framed legal provisions.

Page 20 of 55

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Not only Eunuchs should be given priority and reservation in government jobs, but also
private institutions giving employment of eunuchs should be encouraged by providing special
subsidy on wages paid to eunuchs by private establishments. Some seats should be reserved
for eunuchs in legislature and in public-sector jobs.

14. Dr. JacQb JQhn, Director, Kerala Development Society, Delhi

Benefit of Govt. Programme to Trans gender Community: Members of the community

should be allowed to participate in economic and social platforms just the way other male or
female do.

Local Governmeht/Panchayat and Transgender Corrnnunity: Possible ways of their

representation in local self-Government (elected representatives from this group) like the
Government ofTamil Nadu established a Transgender Welfare Board in April2008.

Education: The major programmes aiming at universalization of education (such as

Sarva Shiksha Abhiyan) and higher education should have a separate entitlement for this
group.

Study on Transgender Community: The individuals belonging to third gender are generally
not highly educated or uneducated and consequently find it difficult to get jobs. Most
employers deny employment for even qualified and skilled transgender people. The
encouragement to commence their own entrepreneurial entities (under Small Scale Industries
or others) can provide great benefits for their independence.

15. Shri Sylvester Mer,chant, Lal{shya Trust, Baroda

Sensitizing Police regarding the issues and problems faced by the Transgender
Community.

Sensitizing doctors and staff at Hospitals to prevent Psyco-soci'!l harassment &

discrimination.

Providing reservations in jobs

Transgender should be counted in population census

Property rights should be given to them

PAN Card, Aadhar Card, Ration Card must have Transgender column

Transgender Welfare Board should be made and insurance and medi-claim facilities
must be extended

Transgender chowky should be made in each area so that proper security is provided
to them

Page 21 of 55

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Prevention of trauma, violence, physical torture, emotional harass.m'eht by society

Awas yojna benefit should be extended to Transgender Community.

16. Ms Kalki Subramaniam, ~ounder, Sahodari Foundation:

Transgender people should have:

The right to be treated fairly with compassion and free from unjust treatment, cruelty,
discrimination, and exploitation in all private & Govt. institutions and other entities.

The right to be recognized as a marginalized group thus appropriate representation be

afforded to transgender in all Government instrumentalities and all other groups &
organizations whether local or international.

The right to _be given equal opportunities in employment as trans gender.

The right to participate in all socio-economic, political & cultural activities, programs
& services that directly concern and affect us.

The right to build a family and home without prejudices and biases.

The right to form and organize groups to freely redress their grievances against the
government and other institutions without fear of being imprisoned or killed.

The right to adequate access to health care and support, appropriate information and
attain the highest standard of sexual and reproductive health.

The right to bodily autonomy and to decide freely the matters concerning their health
and reproduction that is free of discrimination, coercion, violence and deceit.

17. Shri Yashpaul, Punjab (Resume attached), Citizen

I

Separate special schools, colleges, higher educational institutions may be constructed

to educate them. .

Rules must be framed so that no one may call them in any disrespectful way

They must be provided opportunities for better education, for this some schemes may
be announced for their social as well as economic development.

Development in all respects including social development.

Page 22 of 55

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'99
18. Mr. [Link], Citizen

Establishing platform for political entry ofTGs.

19. PAHAL Foundation Khanpur New Delhi

• Education system needs to be strengthened with school and college administration

need to be sensitized on issues of stigma.

Child protection laws need to be strengthened by adding issue faced by Transgender

adolescents.
;' ~-
Law enforcement agencies including police need to be sensitized on issues of trans-
people to end their harassment and discrimination.

Procedures of change of sex and gender identity on ids need to be simplified.

Adequate resources need to be provided in public health system for trans-people who wish to
undergo Sex Re-assignment Surgery.

20. .
Jindal Global Law School O.P. Jindal Global University

The gender column in govt. identity card forms should be left blank so that people may
fill in the gender they identify with.

A person should not be required to go under Sexual Reassignment Surgery in order to

identify as a different gender.

Welfare schemes applicable in each state should cater to the category of "Gender
.· , , Minorities".

There should be a Transgender Welfare Board in every state.

There should be compulsory sexuality/gender education at grade school and at college

level. School syllabus must be modified to include education on LGBTI persons. Introduction
of scholarships for gender non-conforming persons at state and national •.

Gender non- conforming persons should have access to vocation training, formal
education, and scho Jarships and access to subsidized govt. loan or bank loan to start their
business. · ·

Housing and Land allocatioJil schemes for gender non-conforming persons should be
effective.

Sexual harassment mechanisms should be gender neutral and domestic violence based
on gender should be recognized as a separate offense.

Page 23 of 55
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The parliament should pass an Anti-Discrimination Bill that penalizes discrimination
and harassment on the basis of gender.
..
There should be free or subsidized access to sexual reassignment services and should
include pre and post-operative treatment.

Gender non-conforming persons should have the right to adopt children, marriage as
well as divorce.

21. LABIA [Link]@[Link]

The state must be supportive in various ways when it comes to enabling each
person to live in accordance with their gender.

State subsidies must be available for Gender- related medical interventions.

Anti -discrimination laws are needed to safeguard the basic citizenship rights of
Transgender persons. Various stakeholders within the protection of Women from Domestic
Violence Act, 2005. should be sensitized to issues faced by transgenders.

Teachers. and administrators needs to be sensitized to issue faced by gender

trangressive children and sexuality education being made accessible to all schools

There needs to be a deregulation of gender within the school stmcture.

The choice of attire, playing a certain game or participating in a certain activity

must be left to the individual regardless of gender.

Doctors and health care providers must be responsive to the specific needs of all
Transgender persons. Sensitization campaigns for counselors, psychiatrists and other mental
health professional should be developed
•
When people access gender segregated spaces like malls or airports, or public
transportation such as buses and train, etc allowed to choose which section/line/ queue to be
part of irrespective of the gender assigned to them at birth.

22. Shri T.D; Sivakumar, Founder and Board Member, Nirangal, C/o SIAAP,
Chennai

Family acceptance shall be given to change their lifestyle.

National Level Commission exclusively for transgenders with their participation in it.

Monitoring the drop- outs of community people in all education level and need to
encourage them for further study by providing support in monetary aspects

Page 24 of 55

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Need better laws to protect them from family especially at the adolescent stage.

23. Thakur Rajpal Singh Rastriya Social Progressive Movement President,

Ghaziabad

A Certain amount should be fixed for Hijras community to improve their social and
economic condition.

24. Sanya, Research Scholar

~ Social attitude is the most important factor which needs to be considered in this
regard. To make a change in social attitude the best method is through religious
institution because religious institution can influence the mind of people [Link]
pope, for gays recently mentioned statement like "churches should be home tor all."

~ They should be given equal status and rights according to law like voting, govt. jobs
etc. Once such status is given, with the time, society will also accept them
accordingly.

~ There should be some strict laws against their discrimination. -!,_

~ They sho)lld be taught equally in the schools and other institution.

~ NGO's should also participate for welfare programmes.

~ There should be policies meant for their welfare like health, education, jobs etc.

~ There should be comprehensive sex education programmes in schools, vocational

training centres, access to free and concessional housing schemes and free sex
realignment or reconstruction surgery (SRS) in selected govt. hospitals (as it is there
in Tamil Nadu).

~ ECI has taken a historic decision to indicate their sex as "others" in the electoral roll
but I believe that the decision will be more useful if it should replace "others" with
"trans gender" or "third sex" as others category deprive them of an jdentity because in
our society male, female genders have their identity likewise ·they should also be
allowed to maintain their separate identity.
. '
~ There is no doubt that transgender community in India will have to traverse a long
and uphill path in the quest for equal rights as Indian citizens. Delivery of the
promises made by politiciatis and govt. will have to be reviewed and followed up.

Page 25 of 55
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~~
Annexure-5

Minutes of fiqt meeting of the Expert Committee on the issues relating tQ Transgender
held on 6th Novembe'r 2013 in the Conference Ro~m in the Ministry of Social J~stice
' j • t

and Empowerment, Shastri Bhawan, New Delhi

' ..
Ministry of Social Justice and Empowerment (MSJE), Govt. of India organized the
first meeting of the Expert Committee on the issues relating to Transgender (TG) on 6th
November 2013 in the C<:>nference Room, Shastri Bhawan, New Delhi, with the objective of
making an in-depth study of the problems being faced by the Trans gender community. The
list ofparticipants is at Annexure I.

2. Shri Anoop Kumar Srivastava, Additional Secretary, MSJE and the Chairperson of
the Committee welcomed all the members. Since, it was the first meeting, the Chairperson
requested everyone to give their introduction. Thereafter, he outlined the mandate of the
Committee. He stated that the objective of the Committee is to make an in-depth study of the
problems being faced by the Transgender community and suggest suitable measures to
ameliorate those problems. He said that outer limit for submitting the report of the Committee
is 21st January, 2014 but he requested the members in collectively ensuring that the report of
the Committee is finalized and submitted well before this date. He further gave a detailed
presentation, a copy of which is at Annexure II.

3. The Chairperson informed that the Ministry of Social Justice has been impleaded as a
Respondent in two Public Interest Litigations, one in Supreme Court oflndia and the other in
Mumbai High Court. He added that a Consultation Meeting with various experts and the
representatives ofTransgender (TG) Community was held on 23rd August 2013 preceded by
a few inter-ministerial meetings. He enumerated the problems faced by the Community
which have come to the knowledge of this Ministry through various PILs and as reported
during the consultation meeting held on 23.8.2013.

4. The Chairperson said that their problems can broadly be categorized in two parts: (i)
Denial ofvarious rights and facilities and (ii) social injustice. Smt. Laya Medhini intervened
and said that there is no representative from Ministry of Law and Justice in the Committee.
She requested that a representative may be called from Department of Legal Affairs and the
same was agreed to by the Chairperson. It was also decided that the representatives from the
Ministry of Women and Child Development, Registrar General of India, UIDAI and NHRC
may also be invited in the next meeting.

Discussion on the definition of Transgender

5. A need was felt that there should be a clear definition of Transgender. Ms. Laxmi
Narayan Tripathi referred to the international definition for consideration. She also drew
attention to WHO Guidelines in this regard and informed that UNDP had also proposed a
definition of transgender which may be considered. Ms. Laya Medhini suggested that the

Page 26 of 55

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definition should be comprehensive and legally valid. It was felt that the proposed definition
should consider the context of the Indian Transgender and should be easily understood. Dr.
Ketki Ranade informed that in India the main focus has always been on male to female
transgender; she proposed that female to male transgender may also be given importance
while formulating a definition of transgender. She also talked about Cisgender people.
I
Thereafter, Ms. Laxmi intervened and said that all the definitions should be tabled before the
committee along .with the international definition for consideration.

Discussion on Medical Issues

6. Sex Reassignment Surgery (SRS) was a subject of extensive discussion. Smt. Laya
informed that this surgery should only be performed after a person has reached adulthood.
Some members were of the opinion that this surgery should be performed at the initial age in
the childhood itself Since there were no medical experts in the committee, the representative
from Ministry of Health was requested to come out with a solution on this issue in the next
meeting. He was also requested to refer to the Harry Benjamin Guidelines in this regard.

Discussion on Social Issues

7. The members expressed that broadly all the social problems have been included in the
agenda. Some of the initiatives have also been ta~<:en by the Government of India in this
regard like enrolment of transgender community in the Voter's list by the Election
Commission of India. There is no prohibition against the trans gender persons for contesting
election to the Parliament or State Legislature. Besides, Registrar General oflndia, during the
Census year 201 ~ had given the option of "other" for enrolling the persons who did not wish
to be recorded as either male or female. UIDAI has also provided an option of "T" for
transgender. However, many issues are still to be addressed.

Decisions Taken in the Meeting

8. After detailed discussion the following decisions were taken in the meeting:

1. The members unanimously agreed that there should be a third category of gender to
be called "Transgender".
u. Dr. Ketki Ranade was requested to come out with a detailed paper on suggested
definition after referring to the other available definitions on Transgender. She was
requested to consult Ms. Laya Medhini and any other member or other experts in this
regard. Dr. Ketki Ranade& Ms. Laya Medhini will collaborate and come out with a
joint paper on this issue.
iii. Dr. V.S. Salhotra from Ministry of Health was requested to go through the problems
being faced by the Transgender Community with regard to Health Issues/ SRS IHIV
and suggest suitable measures for their redressal. The issues like the age at which SRS
should be performed; should an individual has a choice for opting the male/female sex

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or should it be the choice of the Medical Officer, etc. may be carefully considered.
He was requested to associate a representative from the Department ofNACO also.
iv. Dr. Rajesh Kumar from Delhi University was requested to look into the problems of
education and employment of the Transgender Community. He was requested to
associate with himself Or. Fatima Vasanth and Mohammad As lam Naved from Delhi
University.
v. Smt. Praveen Kumari Singh, Director, MHA was requested to look into the issues
relating to Crime and Police Atrocities being faced by the Commtiriity and prepare a
paper to be discussed in the next meeting.
vi. Ms. Laxmi Narayan Tripathi was requested to look into the remaining issues of the
community and suggest suitable measures for resolving them. She was also requested
to suggest names of few more experts of their community whose views can be useful
to the Committee.

9. The Chairperson requested the Committee Members that the above tasks may kindly
be performed by them before 21st November, 2013 and detailed papers on issues assigned to
them be circulated to all other members for their perusal. It was decided that the next
meeting will be held on 29th November, 2013. The time and venue of the meeting will be
informed to all the members in due course. The information received from the general public
would also be [Link] in detail in the next meeting. It will also be passed on to the Member
concerned with the issue for prior examination. Ms. Laya Medhini was also co-opted as a
member of the Committee.

The meeting ended with a vote of thanks to the Chair.

****

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~.s
Annexure I
List of Participants
I. Representatives from M/o Social Justice and Empowerment

S, Name
No
1 Shri Anoop Kumar Srivastava, Additional Secretary In Chair
I
2 Shri T.R. Meena, Joint Secretary Member-
Secretary
3 Shri Anand Katoch, Director
4 Shri Surendra Rawat, Deputy Secretary
5 Shri Rajesh Kr Sinha, Under Secretary
6 Dr; R. Giriraj, Dy Director, NISD

II. Representatives from other Central Ministries

7 Smt Praveen Kumari Singh, Director MHA Member

8. Shri Vinod Kumar Director, HRD Member
9 Dr V.S. Salhotra M/o Health & F W Member
10 Dr Neeraj Dhingra D/o Aids Control
11 Smt Mridu Markan D/o Aids Control
12 Shri Naba Kumar Pal, Under Secretary M/o External Affairs Member

II. Other Members and Experts in the field of Transgender

13 Shri Dipesh Chandra Nath D/o of Applied Member

'
Psychology, Calcutta
University
14 Dr Fatima Vasanth Madras School of Member
Social Work
15 Dr Rajesh Kumar HOD, D/o Adult Member
Education, D.U.
16 Md Aslam Naved D/o Adult Education,
D.U.
17 Ms Sita Kinnar Bharati Transgender Member
18 Ms Yonne Ahire Transgender (SOOE)
19 Ms Saira Banu Shekh Trans gender Member
20 Ms Malini Transgender (SOOE) I

21 Ms Rudrani Chettri Mitr Trust

22. Smt. Laya Vasudevan Center for Legal Aid
and Rights
23. Ms Laxmi Narayan Tripathi Transgender Member
(working for an

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~b
Organization for the
Support and
Development of
Sexual Minorities)
24. Dr. Archana Dassi D/o Social Work,· Member
Jamia Milia
University
25. Dr. Ketki Ranade Tata Institute of Member
Social Sciences
~~-

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~1-
Annexure-6

Minutes of the second meeting of the Expert Committee on the issues relating to
Transgender
#
community
•
held; on 29 1h November
•
2013 in the Committee Roo'm 4 A' of
4 ~·

.
Vigyan Bhawan Annexe, New Delhi
)

The second meeting of the Expert Committee on the issues relating to Transgender
(TG) was held on 29 1h November 2013 in the Committee Room 'A', Vigyan Bhawan
Annexe, New Delhi, with the objective of making an in-depth study of the problems being
faced by the Transgender community and suggest suitable measures for ameliorating those
problems. Th~ list of participants is at Annexure I.

2. Shri Anoop Kumar Srivastava, Additional Secretary, MSJE and the Chairperson of
the Committee welcomed all members and special invitee~. Since there were many special
invitees present in the meeting, he requested all the participants to give their introduction.
Shri T. R. Meena, Joint Secretary, MSJE briefly recapitulated the discussion in the first
meeting held on 61h November, 2013.

3. Thereafter, Dr. Ketki Ranade, Assistant Professor, School of Social Work, Tata
Institute of Social Sciences, Mumbai was invited to make a presentation on 'Definition of
trans gender'. She mentioned that in order to define or describe who is a trans gender person,
it is necessary to establish a basic understanding of what gender is and how and who it is
determined by. She stated that gender is assigned at birth but it may or may not match the
person's idea of their own gender as they grow up. She explained that gender determines
every aspect of our life including our name, clothes, hair length, appearance, behaviors,
occupation, mobility and so on. It is also present in every document of identity, including
birth certificate, ration card, voter id, pan card, pas~port, driving license, mark sheets/grade
cards and so on. Even the public utilities like toilets, security check at airports etc. are also
gender specific. In terms of categories of gender, one may use the two categories of i.e. cis
gender and trans gender. The category of cis gender is commonly referred to as man/male or
woman/female. However, when people choose a gender other than the one assigned at birth,
they fall under the category of trans gender. Further she also mentioned about the Sex
reassignment surgery (SRS) related to transgender issue. She also informed that in India,
there are also several local terminologies and identities in different States that are used to
describe transgender persons. Some of these may further have specific socio-cultural .
religious connotations such as in the case of 'Hijras' and 'Jogtas '. While concluding the
presentation she stated that the term trans spelt with an asterix (trans*) is an umbrella term
used to refer to all non-cis gender identities and expressions and suggested that the term
trans* be used in the place of the term trans gender.

4. Ms. Laya Vasudevan, Centre for Legal Aid and Rights then made a presentation on
Transgender definitions - Socio Legal implications. She mentioned that transgendered
people are individuals of any age or sex whose appearance, personal characteristics and
behaviors differ from stereotypes about how men and women are "suppos~d" to be, or in its

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broadest sense, transgender encompasses anyone whose identity or behaviour falls outside of
stereotypical gender norms. She explained that Sex refers to biological status as male or
female and Gender is a term that is often used to refer to ways that people act, interact, or feel
about themselves, which are associated with boys/men and girls/women. While aspects of
biological sex are the same across different cultures, aspects of gender may not be. She
mentioned that "Gender identity" refers to a person's internal, deeply felt sense of being
. either male or female, or something other or in between. While explaining the term
'transsexual person', she mentioned that there is a conflict between one's physical sex and
one's gender identity as a man or a woman. Female-to-male transsexual (FTM) people are
born with female bodies, but have a predominantly male gender identity. Male-to-female
transsexual (MTF) people are born with male bodies, but have a female gender identity.
Many, but not all, transsexual people undergo medical treatment to change·their physical sex
through hormone therapy and sex reassignment surgeries. In India there are a host of socio -
ethnic groups of transgenders like hijras/ kinnars, and other trans identities likt< - shiv-
shaktis, jogtas, jogappas,. Aradhis, Sakhi etc. Sunil Mohan from Lesbit mentioned that
application of concept of trans gender should not be limited to such socio-ethnic groups
alone, but should cover all categories including female to male transgenders.

5. Ms. Laya Vasudevan further explained about the relevant recent provisions in Law
related to transgender in the Countries of Argentina in 2012 and Australia in 2013. While
concluding the presentation she mentioned that on a harmonious reading of the relevant
provisions/ sections in Indian Constitution, Citizenship Act 1955 and General Clauses Act
1897, there is no conflict or limitation imposed on the concept of 'person' by any of these
laws and a Transgender person would undoubtedly fall within the definition of'person'.

6. Shri Anoop Kumar Srivastava, Additional Secretary, MSJE mentioned that a

generic definition of transgender is one thing and a socio-cultural identity, with which a
group of persons identify, is another. There could be many socio-cultural identity groups
falling under the generic definition of transgender. He suggested that a generic definition of
trans gender person could be 'a person who chooses to identify hirnselfi'herself with a gender
different from the one assigned at birth'. This should include all categories such as Trans-
man/Female to Male trans person, Trans-woman/Male to Female trans person, Gender queer
and transsexual, irrespective of whether a person belongs to a socio-cultural groups (such as
Kothis, Hijras, Aravanis, etc and whether or not a person has undergone Sex Reassignment
Surgery. This was broadly agreed to by the Committee members. He also cautioned that
while talking about transgender persons; one must be able to distinguish between the notion
of'sexual orientation' and the notion of'inner sense of gender identity' as the two aspects are
different. He also opined that the definition of trans gender should be clear and unambiguous
and terms like transsexual and transgender should not be used interchangeably as these
convey different connotations. Further, a person should normally be considered as a
transgender, irrespective of whether he/she has undergone SRS. He also expressed that the
term trans* may not be used in place of transgender, as it may not be understood by
everyone. He further explained about the model adopted in Tamil Nadu state, visited by him
recently, where district level screening committees have been constituted to identify the

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Transgender persons. The reconunendation of these screening committees go to the state
level screening conunittee, after whose clearance, Welfare Board issues an identity card to
the identified transgender person. This entire process doesn't take too long. In this context,
Dr. Ramakrishnan, SAATHI, Chennai told that presently there in no uniform
guidelines/criteria among districts for identification oftransgender. It was felt that this could
be an implementation issue, as the guidelines may not be uniformly understood by all
concemed. It was decided to bring this to the notice ofGovemment ofTamil Nadu.

7. Dr. Piyush Saxena, Mumbai cited the recent case in Madhya Pradesh where the
result of a candidate was upturned in an election of Mayor, as a transgender persons had
contested the election from a seat reserved for women. He further informed about Election
Conunission's decision of giving an option to transgender persons to identify as 'others'.
I

8. Dr. R~jesh Kumar, Department of Distance & Continuing Education, University of

Delhi made a presentation on 'Education and Employment issues' pertaining to transgender
persons. He mentioned that the participation of transgender conununity in mainstream
education including higher education/professional education and employment is extremely
low. Majority of the population is uneducated or under-educated. They face high level of
stigma apart from physical, sexual and emotional violence, which leads to dropping out of
their studies. The exclusion from society and family is one of the main hindrances in access
to education. Some of the suggestions made by him were:

~ Create more awareness & understanding on the culture, gender, and sexuality of
transgender community.
~ The fulfillment of the obligation under RTE Act is critical for the improvements in the
educational conditions of transgender community. Sensitization towards Transgender
at schools/universities/ educational institutions by appropriate authorities with respect
to the need of this community and to bring them in the mainstream.
~ Review the existing schemes and educational program to assess their suitability to the
transgender community.

9. He also suggested approach for enhancing employment opportunities for transgender

persons which ar~ as follows:

Empowerment process has to be broad and should cover the following aspects:

~ Awareness generation
~ Skill and Capacity Building
~ Employment and entrepreneurship

Efforts should be made to register transgender persons in the employment exchange

of the central and state govemments.
Enhanced credit/subsidized loan as capacity building support.
Create a supportive environment involving conununity leaders and their Gums .

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10. Ms. Rasqmi Singh, Executive Director, National Mission for Empowerment of
Women opined that there has to be a systematic process in identification of transgender
persons and also there is a need to generate a database by the concerned Departments.
Facilitation centers to be called as gender resource centres may also be set up. Social
inclusion Plan and ground work strategy is also required to be chalked out.

11. Ms. Meenakshi Jolly, from M/o HRD informed that Sarvshiksha Abhiyan for
socially disadvantage groups does not include Transgender. Further, transgender community
is not mentioned in elementary education (6 to 14 years). However, she said that the matter
is being looked into by Mit> Human Resource Development and is also being taken up with
the States. She also stated that sensitization of teachers need to be included in the teacher's
training module. She was requested by the Chairperson to give detailed comments of the
Ministry on the paper submitted by Dr. Rajesh Kumar.
..
12. Tanmay from Labia (Mumbai) stated that drop out issue at sch0ol is mainly due to
gender discrimination. He suggested that school uniform should also be made gender neutral.
Ms. Priya Bal:>u also ~xpressed that one of the reasons for Transgender persons dropping out
is their sexual abuse. She felt the need for creating Gender Counselling Centres. Ms. Laya
Vasudevan opined that care home for transgender needs to be set up by the States; otherwise
vulnerable childre~ may be exploited. Sunil Mohan from Lesbit mentioned that measures
should also be taken for the present generation of trans people to continue their education and
get employment. Dr. Sanjai Bhatt, Professor, Delhi School of Social work suggested that
M/o Social Justice & Empowerment may come up with a Central Sector Scheme for the TG
Co1mnunity which may include provision of scholarship for transgender students. He also
expressed that the mind-set of the people involved also needs to be changed.

13. Shri T. R. Meena, JS mentioned that there is a Government policy for Scheduled
Caste community to deal with the stigma of discrimination in employment and education. In
schools the teachers should create a suitable environment for Transgender children.

14. The presentation on education and employment was summed up the Chairperson by
mentioning that social stigma and discrimination is the main problem affecting the
Transgender community. He opined that if transgender persons are mentioned in policies,
programmes & schemes of the Government, they will get due recognition which will help in
mainstreaming them into the society. He stated that the problem of transgender persons, as
many have stated, start with their family. Sensitization of society including the parents and
teachers is needed. In this context, the Chairperson mentioned that abandonment of child is a
punishable offence under Section 317 of the IPC. Some members mentioned that this section
is applicable if the abandoned child is under the age of twelve years; but the abandonment of
transgender children takes place usually between the age of twelve & eighteen years. The
Chairperson suggested that MHA should be requested to consider enhancing the age of child
for this offence to eighteen years. Ms. Lopamudra Mohanti ofMinistry of Women & Child
Development supported this and stated that their Ministry has been advocating a uniform age
for consideration as child in all laws.

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15. The Chairperson further suggested that economic empowerment scheme prevailing
in Tamil Nadu can also be studied and adopted by other states. He suggested that this
Committee may recommend a centrally sponsored Scholarship scheme, as suggested by Dr.
Sanjai Bhatt, as it will provide positive incentive to the parents of transgender children,
enhancing their acceptability by the parents. On the question of employment opportunities
including that of self-employment opportunities through skill up-gradation and concessional
loans, he said that similar interventions for SCs, OBCs &
PwDs may be studied for desigping suitable interventions for transgender persons. The
mindset of society, parents and teachers towards the trans gender needs to be changed.

16. Dr. Anil Sain, CMO (HA), Directorate General of Health Services (DGHS), Ministry
ofHealth & Family Welfare made a presentation on transgender/third category related issues.
He informed that a committee has been constituted in the Directorate General of Health
Services under the Chairmanship of Dr. S. Y. Kothari (Spl. DGHS) for examining the issues
ofTransgend~r. The Committee had met on 261h Nove~ber, 2013. He informed that the said
Committee, ln its first meeting, had made their observations and recommendations as
follows:

i) Being a 'Transgender' is essentially a Gender Identity Disorder suffered by any

individual.

ii) Gender Identity Disorder may be considered like any other disorder suffered by an
individual and all possible assistance and facilities may be accessible to persons
suffering from such disorder, in the health facilities, as for any other member of the
general population.

iii) Transgender persons wishing to live the gender of their liking may be provided
assistance and facilities like any other member of the community including Sex
Reassignment Surgery.

iv) Sex/Gender of the transgender may be accepted as per their anatomic gender for
all practical purposes till they are transformed anatomically to the other gender by any
of the treatment modalities and not merely by their choice.

v) In case a separate third category is recognized for all practical purposes by the
competept authority it may be made compulsory to provide for separate In-patient
Ward/Cubicle and Toilet facilities commensurate with the work load expected in all
future Hospital I Health Care Projects.

vi) Necessary instmctions can be issued to all the existing government hospitals that
while admitted in the hospital for any kind of medicaVsurgical treatment the privacy
of the patients ofthe third category should be protected to the extent possible.

vii) All treatment/facilities, whatever and wherever available, is provided free of cost
to all the patients coming to the Government Hospitals without any discrimination on
any ground whatsoever except that some nominal charges are levied for certain

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specialized investigations. The same is also recommended for transgender persons
also.

viii) Possibility of providing any specific procedure/treatment required by the

patients of the third category, which is not presently available in the public health
facilities, can be explored on the basis of need.

ix) While conducting medical examination at the point of entry into civil government
services/any other service or institution, such candidates may be medically examined
as per the format for any other candidate. However, regarding physical parameters
like Height, Weight and Chest expansion the limits as applicable to females may be
accepted. While examining the genital region, the physical characteristics may be
examined for 'Male'', 'Female' or the third category.

x) For any endeavor of Sex reassignment Procedure/Surgery, the willing person

should be thoroughly examined by a Psychiatrist/Clinical Psychologist,
Endocrinologist, Urologist, Plastic Surgeon/Surgeon and Gynecologist before the
procedure is undertaken and any attempt otherwise will lea4 to Human Rights
Violation. So far as the three Central Government Hospitals under the Directorate
General of Health Services, Min. of Health & Family Welfare, Government oflndia
are concerned," a Standing panel of the above said experts has already been constituted
for the puypose.

xi) Time at which the Sex Reassignment assistance may be offered differs from case
to case. However, psychiatric/psychological help may. be provided as and when
required, medicaVhormonal treatment is recommended around adolescence and
surgical treatment for genitalia may be offered only at attaining Majority and that too
when patients have lived continuously for at least 12 Months in the gender role that is
congruent with their gender identity. The age threshold should be seen as a minimum
criterion and not an indication in and of itself for active intervention. However,
corrective surgery for birth defects of genitalia may be done in childhood with due
consent from the parents.

xii) Health being a state subject, respective State governments may like to designate
appropriate hospitals in their state for the purpose of SRS, depending on the
availability of the required specialists in that particular hospital. The committee also
informed that Indian Council of Medical Research (ICMR) has also done some work
on Disorders of Sex Development and Gender Identity related issues. Inputs from
ICMR may also be taken to finalize the definition and nomenclature to be used for the
third category and other issues.

17. There was a detailed discussion on the presentation made by Dr. Sain. The
Chairperson requested Dr. Sain to complete the work of the Committee and send its final
recommendations for consideration by this Expert committee. He mentioned that the
definition of transgender should be taken as the one agreed in this meeting. The Chairperson
also requested Dr. Sain that the Committee may also examine whether a person can choose to

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undergo only castration and penectomy, provided the protocol ofSRS is followed, which will
be short of full-scale SRS. Though Dr. Sain, mentioned that while it seems possible, because
the choice of a procedure is with the person concerned, yet he will place it before the
Committee and come back on this issue. With regard to the issue of Castration Vs.
'Penectomy and Orchidectomy' Vs. 'Emasculation', Dr. Venkatesan Chakrapani expressed
that castration technically refers to removal of testis alone and not the entire male external
genitalia (penis/testis). So, the medical term- penectomy and orchidectomy- can be used to
denote "removal of male external genitalia". He further cautioned that even though the term
'emasculation' is sometimes used to denote this in lay language, it may be seen as an
inappropriate term by some people. Further, in regard to the issue of 'Gender identity
Disorder' Vs. 'Gender Dysphoria I Gender incongruence', Dr. Vcnkatesan Chakrapani
mentioned that in the current DSM-5 (Diagnostic and Statistical Manual - 51h edition of
American Psychiatric Association- AP A), the previous 'gender identity disorder' category is
replaced by 'Gender dysphoria I Gender incongruence'. DSM-5 states that being a
transgender person by itself does not mean that person is a psychiatric patient. In the
forthcoming (20 15) 11 111 edition of International Classification of Diseases, ICD-11 (by
World Health ·Organisation), WHO is planning to replkce the term "disorder" with 'Gender
incongruencei [[Link], not finalised] or other non-stigmatising terms (Drescher et al.,
2012). In India, the field-testing ofthe proposed ICD-11 categories (of Gender incongruence)
is planned at AIIM~, New Delhi.

18. Smt. Praveen Kumari Singh, Director, MHA mentioned about the allegations of
police atrocities and crime against Transgender persons and said that consultation with police
authorities and special training to them could be done once the definition of trans gender is
fmalized. She mentioned that there should be a code of conduct both for trans gender persons
and police authorities. As regards, the question of amending Section 375 IPC so as cover the
cases of sexual assault on trans gender persons, she mentioned that while it may be examined,
but cautioned that it is a lengthy process requiring wider consultation with all stakeholders
including the State Governments. A detailed account of oral presentation made by Smt.
Praveen Kumari Singh is at Annexure II.

19. Shri Ashok Kumar, ADG (Director level) UIDAI explained about the procedure
adopted by them while enrolling for Aadhaar number. He said that in Aadhaar system, the
gender is taken as what is declared by the resident without the requirement of any document
and the resident can declare his gender as male, female, or transgender. It was pointed out by
some members that instructions were not clear to those at the field and many a time, they
.
were either asking for document/proof or recording the gender just by looking at the clothes a
person was wearing. The representative was requested to look into this as this could be an
implementation issue. From the number of residents enrolled as transgender (about 38,000)
out of 49 crore residents to whom Aadhaar cards had been issued, it appeared that not many
residents from transgender community had come forward to enroll for Aadhaar number.

20. At the end, the Chairperson requested the Committee Members to refine their
recommendations and send within a week or ten days so that the draft report may be prepared
and circulated well in advance ofthe next meeting. It was decided that the next meeting will

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be held on 3rd January, 2014 & commence at 10.00 am to deliberate on the draft report. The
venue of the meeting will be informed to all the members in due course.

The meeting ended with a vote of thanks to the Chair.

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s.5 Annexure I
List of Participants
I. Representatives' from M/o Social Justice and Empowerment

S, No Name
1. Shri Anoop Kumar Srivastava, Additional Secretary In Chair
2. Shri T. R. Meena, Joint Secretary Member Secretary
3. Shri Anand Katoch, Director
4. Shri Rajesh Kr Sinha, Under Secretary
5. Dr. R. Giriraj, Dy Director, NISD

II. Representatives from other Central Ministries

6. Smt Praveen Kumari Singh, Director MHA Member

7. Shri Naba Kumar Pal, Under Secretary M/o External Affairs Member
8. Shri Ashok Kr, Director UIDAI Special Invitee
9. Dr Anil Sain Dte General of Member
Health Services
10. Shri Deepak Rastogi RGI Special Invitee
11. Shri Mahesh Tyagi M/o Law and Justice Special Invitee
12. Lopamudra Mohanti M/o WCD Special Invitee
13. Smt Meenakshi Jolly D/o SE&L, HRD Special Invitee
14. Smt Swati Chakraborty NHRC Special Invitee
15. Shri Shahanshah Gulpham NHRC Special Invitee

III. Other Members and Experts in the field ofTransgender

16. Dr C.R. Samadder Retd IAS, Former Member

Principal Secy,
Assam
17. Dr Rajesh Kumar HOD, Dlo Adult Member
Education, D.U.
18. Md AslamNaved D/o Adult Education,
D.U.
19. Ms Sita Kinnar Bharati Trans gender Member
20. Ms Yonne Ahire Transgender (SOOE) I

21. Ms Saira Banu Shekh Trans gender Member

22. Ms Rudrani Chettri Mitr Trust
23. Smt. Laya Medh1ni Center for Legal Aid Member
and Rights
i 24. Dr. Archana Dassi D/o Social Work, Member
Jamia Milia
University

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25. Dr. Ketki Ranade Tata Institute of Member
Social Sciences
26. Roja TG Community
27. Prof Sanjai Bhatt Delhi School of Member
Social Work
28. Dr. Piyush Saxena SOOE Special Invitee
·. 29. Tanmay Labia ( Mumbai) Special Invitee
30. Sunil Mohan LesBIT Special Invitee
31. Bharathi Kannamma B K Trust Madurai
32. Dr. L. Ramakrishanan SAATHI, Chennai Special Invitee
33. Dr Venkatesh Chakrapani C-SHaRP Special Invitee
34. Priyababu TG Community Member
35. Anjali Gopalan NAZ Special Invitee
FOUNDATION
36. Smt. Rashmi Singh National Mission for Special Invitee
Empowerment of
Women I
I

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51- Annexure II

POLICE ATROCITIES ON TRANSGENDERS: Cases of atrocities by Police against

Transgenders have been highlighted in media and brought to the notice of Courts, although
no separate data is maintained by National Crime Record Bureau (NCRB). However, there
has been no evidence or study of systemic bias or discriminatory attitude in law enforcement
agencies against Transgenders. The issues of atrocities and harassment by police mainly are
due to lack of proper awareness on applicable legislations on Transgenders and sensitization
in police. In cases of reported crimes by Transgenders, the law enforcement agencies are
often at loss to ascertain applicable provisions of law and sometimes these have led to
accusation of excesses by Police on Transgenders. On the other side, Transgenders
sometimes take advantage of the lacunae of law and resort to antisocial activities which
become difficult to contain. Training and sensitization of police on transgender issues can be
on the lines of trainings and sensitization done for treatment of issues related to Women,
Children and other vulnerable section of society.

Provisions in IPC

Sec. 375 of the IPC: The Criminal Amendment Bill 2011, introduced in Parliament,
proposed to replace the word 'rape' wherever it occuts, in relevant sections of IPC by the
words 'sexual assault', to make the offence of sexual assault gender neutral, and also
widening the scope of the offence sexual assault. However this has been expunged in the
Criminal Law Amendment Act 2013.

In view of the above, Ministry of Social Justice and Empowerment as a nodal

Ministry, is requested to provide a broad framework of suggestions to Ministry of Home
Affairs so that process of amendment can be initiated.

Sec. 377 of the IPC: Since the petition against the order and judgment of Hon'ble Delhi
High Court for repealing sec. 377 IPC is sub-judice before the Supreme Court, no comments
can be made in this regard.

Extremely demeaning remarks are used against Transgenders: If a eunuch is a SC/ST

then the provisions of SC/ST (Po A) act will be applicable. However they can always resort to
the Protection of Civil Rights (PCR) Act where there are applicable. Moreover Section l53A
of the penal code says, inter alia:

Whoever (a) by words, either spoken or written, or by signs or by visible representations or

otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth,
residence, language, caste or community or any other ground whatsoever, disharmony or
feelings of enmity, hatred or ill-will between different religious, racial, language or regional

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55
groups or castes or communities, or (b) commits any act which is prejudicial to the
maintenance of harmony between different religious, racial, language or regional groups or
castes or communities, and which disturbs or is likely to disturb the public tranquility, ...
shall be punished with imprisonment which may extend to three years, or with fine, or with
both

Traqsgenders cannot escape punishment when [Link] are accused of committing crimes.
The word 'Person' in the Indian Penal Code and General Clauses Act means all human
beings.

Another way of approaching the problem might be creation of a separate legislation similar to
the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989 which will
comprehensively incorporate the definition, scope, intent and rights of the Transgender
people. More importantly before formulating legislation extensive studies needs to be
conducted to get a comprehensive picture of their condition, societal structure, acceptance to
society, crimes and atrocities against them, their capabilities, orientation and most
importantly their aspirations. It has been observed that inspite of their presence and visibility
in the society no exhaustive study in modern parlance is available which may provide the
bedrock for creation of a new legislation

..

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51
Annexure-7

Minutes of the third meeting of the Expert Committee on the issues relating I

to Transgender community held on 3rd January 2014 in the Committee

Room 'A' ofVigyan Bhawan Annexe, New Delhi

The third meeting of the Expert Committee on the issues relating to Transgender (TO)
was held on yct January 2014 in the Committee Room 'A', Vigyan Bhawan Annexe, New
Delhi, with the objective of making an in-depth study of the problems being faced by the
Transgender community and suggest suitable measures for ameliorating those problems.· The
list of participants is at Annexure I.

2. Shri Anoop Kumar Srivastava, Additional Secretary, MSJE and the Chairperson of
the Committee welcomed all members and special invitees. Since there were many special
invitees from the State Governments attending the meeting for the frrst time, he requested all
the participants to give their introduction.

3. After introduction, the Agenda of the meeting was discussed and it was decided that
the Committee will discuss, chapter-wise, the Draft Report circulated through email to all the
members. The Draft Report consisted of the following ~hapters preceded by an 'Introduction'
chapter:

Chapter- I [Definition ofTransgender]

Chapter- II [Constitutional protection & jurisprudence]

Chapter- III [International practices]

Chapter- IV [Transgender Identity]

Chapter- V [Inclusive Approach]

Chapter- VI [Convergence Approach]

Chapter- VII [Addressing Stigma, Discrimination and Violence faced by Transgender

People]

Chapter- VIII [Exploring Education and Employment Opportunities for Transgender

Persons)

Chapter- IX [Adolescents- A transgender perspective]

Chapter- X [Access to Healthcare including SRS, physical & mental health]

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60
Chapter- XI [Tamil Nadu Transgender Welfare Board]

Chapter- XII [The Role of Ministry of Social Justice & Empowerment]

Chapter- XIII [Summary of Conclusions & Recommendations]

4. The discussion started with Introduction and Chapter I [Definition ofTransgender] of

the Draft Report. The Introduction and first chapter was agreed to by all the members and
accepted by the Chairperson with minor modifications.

5. The Seco'nd chapter which was on the subject of Constitutional protection &
jurisprudence was discussed in brief Ms. [Link] Chakravorty (an associate lawyer
with Shri Anand Grover) suggested that articles 14, 19(1) and 21 may also be included in this
chapter as these articles of the Constitution guarantee important rights to all citizens. It was
agreed to by everyone that since the Constitution of India guarantees right to equality and
principle of non-discrimination to all persons, this may be included in chapter II. The Chapter
II was thus approved with this modification.

6. The other chapters, except chapter no. IX (Adolescents- a transgender perspective)

and chapter no. XIII (Summary of Conclusions & Recommendations), were also discussed in
detail and accepted by the Committee with minor changes except Chapter VII and Chapter X.
As regards Chapter VII, it was decided that Dr. Archana Dassi and Dr. L. Ramakrishanan
will recast this Chapter. The issue and chapter on Adolescents were .n~t" discussed, but a
decision was taken to look at a chapter on the issue and Smt. Laya Medhini Vasudevan
volunteered to write it. This chapter will be discussed in detail at the next meeting. Similarly,
Chapter X will be re-written by Dr. Venkatesan Chakrapani in consultation with Dr. Ketki
Ranade & Dr. L. Ramakrishanan. Thus, chapters VII, IX, X & XIII will be discussed and
finalized in the next meeting, to be·held on 21st January 2014.

7. With regard to the issue of 'leti' system, Chairman mentioned that Shri Priyadarshan
Patankar, Secretary, Salvation of Oppressed Eunuchs (SOOE) had requested him to put the
matter before the Committee to decide by voting whether the issue should be discussed.
Accordingly, the Chairperson sought the vote of the Committee. The· overwhelming majority
of the members were not in favour of discussing the issue in the meeting, as the members
representing the trans gender community stated that there is no system such as 'leti'.
Accordingly, the issue of 'leti' system was not discussed. Chairman added that this matter
was also sub-judice in the High Court, Mumbai and the Government may look into this
separately.

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61
8. Smt K. Kanmani, the representative from Tamil Nadu Government was requested to
verify the contents of Chapter XI (Tamil Nadu Transgender Welfare Board) of the Report and
confirm by 15 1h January 2014. It was decided that the next meeting will be held on 21st
January, 2014 at 10.00 AM to finalize the draft report.

9. The meeting ended with a vote of thanks to the Chair.

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 [Link]

G2- Annexure I
List of Participants
I. Representatives from M/o Social Justice and Empowerment

S, No Name
1. Shri Anoop Kumar Srivastava, Additional Secretary In Chair
2. Smt Ghazala Meenai, Joint Secretary Member Secretary
3. Shri Anand Katoch, Director
4. Shri Rajesh Kr Sinha, Under Secretary
5. -
cpr. R. Giriraj, Dy Director, NISD

II. Representatives from other Central Ministries and State Governments

6. Shri Bhagi~ath Additional Director, Special

SJ&E, Jaipur Invitee
7. Smt K Kanmani Dy Director, Special
Directorate of Social Invitee
Welfare, Tamil
Nadu
8. Smt Kavitha.V. Padmanabhan Joint Secy, Govt of Special
Assam Invitee
9. Dr Anil Sain Dte General of Member
Health Services I

10. Sh Rajender Prasad Under Secretary, Special

M/o Human Invitee
Resources
Development .
11. Dr. S.Y. Kothari Spl DGHS M/o. Special
Health and FW Invitee
12. Shri Sunil [Link] . Principal Secretary, . Special
D/o Social Welfare, Invitee
UP
13. Shri P.K. Banerjee DRG, 0/o RGI Special
Invitee
14. Shri Ujjwal Uke Principal Secretary, Special
Govt of Maharashtra Invitee
15. Shri T. Ravi Kumar Principal Secretary, Special
WCD, Govt of Invitee
Karnataka
16. Shri Bikramjit Choudhury s.6., M/o Home Special
Affairs Invitee

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..

II. Other Members and Experts

63
17. Shri Anand Grover Advocate Special
Invitee
18. Dr Rajesh Kumar HOD, D/o Adult Member
Education, D. U.
I 19. Ms Sita Kinnar Bharati Representing Member
Community
20. Ms Saira Banu Shekh Representing Member
Community
21. Smt. Laya Medhini Center for Legal Member
Aid and Rights
22. Dr. Archana Dassi Dlo Social Work, Member
Jamia Milia
University
23. Dr. Ketki Ranade Tata Institute of Member
Social Sciences
24. Ms Laxmi Narayan Tripathi Astitiva Member
25. Shri Priyadarshan Patankar, Secretary Representing SOOE Special
Invitee
26. Tanmay Labia (Mumbai) Special
Invitee :

27. Sunil Mohan LesBIT Special

Invitee
28. Dr. L. Ramakrishanan SAATHI, Chennai Special
Invitee
29. Dr Venkatesan Chakrapani C-SHaRP Special
I
pf' Invitee
'-~~-- ~s_.A_mritananda Chakravorty Lawyer

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64 Annexure-8

Minutes of the fourth meeting of the Expert Committee on the issues

relating to Transgender community held on 21st January 2014 in the
conference Hall, Central Secretariat Library, G Block, Shastri Bhawan,
New Delhi.

The fourth meeting of the Expert Committee on the issues relating to Tn;msgender
(TG) was held on 21st J;:muary 2014 in the Conference Hall, Central Secretariat Library, G
Block, Shastri Bhawan, to finalize the report of the Committee. The list of participants is at
Annexure I.

2. Shri Anoop Kumar Srivastava, Additional Secretary, MSJE and the Chairperson of
the Committee welcomed all members and special invitees. He stated that the present
meeting had been convened to finalize the Report which was already discussed in detail in
the meeting held on 3.1.2014. Three Chapters of the Reports (Chapters VII, IX and X) were
not finalized in th~t meeting. He requested the authors to initiate the discussion in respect of
these chapters.

3. The discussion started with Chapter X regarding access to health care by Dr.
V enkatesan Chakrapani. This chapter was agreed to by the members and approved by the
committee with an additional paragraph on 'clinical management of Intersexed People'.
Thereafter, Dr. Archana Dassi presented chapter VII which pertained to stigma,
r.C: discrimination and violence faced by the transgender persons. This Chapter was also

..
approved with modification of the definition of term 'stigma'. It was also reported to the
Committee by the community members that transgender persons face st"igma even after death
when their bodies are taken for funeral. Chapter IX [Transgender Adolescents, Youth and
Young Adults] was explained by Smt Laya Medhini. It was also decided to include the
concerns of Female to Male transgender persons in Chapters VII & IX. With these changes,
these Chapters were finalized.

4. At the end the report was gone through once again chapter-wise and was finalized in
the meeting. The Chairperson informed that the report would be fme-tuned with regard to
grammatical errors, formatting, changes of editorial nature and presented to the Government
within a couple of days. He whole-heartedly thanked all the members for their co-operation
and concerted efforts in bringing out the report in the assigned time- frame.
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65
5. The meeting ended with a vote of thanks to the Chair.

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06
Annexure I
List of Participants

I. Representatives from M/o Social Justice and Empowerment

S, No Name
1. Shri Anoop Kumar Srivastava, Additional Secretary In Chair
2. Smt Ghazala Meenai, Joint Secretary Member Secretary
3. Shri Anand Katoch, Director
4. Shri Rajesh Kr Sinha, Under Secretary
5. Dr. R. Giriraj, Dy Director, NISD - - -- -····-- ------

II. Representatives from other Central Ministries and State Governments

6. Dr Ani! Sain Dte General of Member

Health Services
7. Sh Rajender Prasad Under Secretary,
M/oHRD
8. Shri Bikramjit Choudhury S.O., M/o Home

II. Other Members and Experts

9. Ms Saira Banu Shekh Representing Member

Community
10. Smt. Laya Medhini Center for Legal Member
Aid and Rights
11. Dr. Archana Dassi Jamia Milia Member
University
12. Dr. Ketki Ranade Tata Institute of Member
Social Sciences
13. Ms Laxmi Narayan Tripathi Astitiva Member
14. Dr Venkatesan Chakrapani C-SHaRP Member
15. Dr. C. R. Sammaddar Former Principal Member
Secretary, Assam
I
16. Ms Priya Babu Representing Member I

Community
17. Prof Sanjay Bhatt Delhi School of Member
Social Work
18. Ms Ambalika Roy Lawyer

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61-
.. Annexure-9

Visit of Ad~itional Secretary to Goverpment of India,

Ministry of Social Justice Empowerment
)

Minutes of the meeting held with all Stakeholders on

' Transgender Welfare on 27.11.2013

The Additional Secretary to Government of India, Ministry of Social Justice and

Empowerment, visited Chennai, to discuss with Transgender persons and the officials about
the welfare measures provided to the Transgender persons, through the Transgender Welfare
Board in Tamil Nadu. The meeting I discussion was held in the PWD Conference Hall, 51h
Floor, Namaldml Kavingnar Maaligai, Secretariat, Chennai-9 at 11.00 a.m.

2. The following officials and members ofTransgender SelfHelp Groups were present:

1. Secretary, Social Welfare and Nutritious Meal Programme Department

2. Secretary, Adi Dravida and Backward Class Department
3. Director, Adi Dravidar Welfare
4. Director of Social Welfare and Nutritious Meal Programme Department
5. Deputy Secretary to Government, Social Welfare and Nutritious Meal Programme
6. Assistant Inspector General of Police, Chennai
7. Additional Director, Rural Development
8. The Representative from the Health Department
9. Deputy Director Woman Welfare (Incharge), Social Welfare and Nutritious Meal
Programme Department
10. Asst. Director, Women Welfare, Social Welfare and Nutritious Meal Programme
Department
11. District Social Welfare Officer, Chennai District (Incharge)
12. District Social Welfare Officer, Thiruvallur District
13. Two Transgender Self Help Groups namely Kadalmeengal and Everest group
Transgender members (totaling 20 numbers)

3. Secretary, ,Social Welfare and Nutritious Meal Programme Department, welcomed the
gathering and explained the purpose of the visit of the Additional Secretary to Government of
India, Ministry of Social Justice and Empowerment. The Secretary, Social Welfare and
Nutritious Meal Programme Department outlined in brief about the welfare measures
provided to the Transgender through the Transgender Welfare Board. He explained that
Transgenders are registered by the District Social Welfare Offices and identified, Photo
Identity Cards by Tamil Nadu Transgender Welfare Board, then issued to the Transgender,
whose names are recommended by the District Social Welfare Offices. The members of the
Kadalmeengal and Self Help Groups present were requested to voice their views, problems,
expectations and the activities which they carry to generate income through the funds
provided by the Transgender Welfare Board.

Page 51 of 55
 ,-.:--. '=--.. ~.--.c:~>:-t~~·;--~-1>'C<'>- '• '.."·J;?,"t:•f_'·"~~:>;~~~i6~!~C.z.'ic~~~-~l\~',tl,,.:,~· ·---~ :~~:~:~~.:,j,>~~::.

[Link]

6B
The Transgenders from Chennai District explain~d about the economic activities, they
are carrying out to earn income. They stated that they had received subsidy from the
Government and also obtained loans from the Indian Bank to set up cloth business. They
stated that they do their business from their houses. They sell sarees, nighties and other
clothes within their Transgender Communities and also to the surrounding people. They
stated that the monetary help given by the Government through the Transgender Welfare
Board has helped them to earn a decent living and has weaned them away from their earlier
ways of earning their living.

The Transgenders present also showed the ID Cards issued to them by the Board.
They stated that their lives have changed dramatically after the ID Cards were issued to them.
They are able to get ration cards, pension, voter ID cards etc. because of the ID Card.

The Transgenders also stated that their foremost pressing problem is housing. They
are unable to get proper houses or otherwise the rent and advance demanded is very high.

Transgenders Vijaya and Dhanam, stated that more employment opportunities should
be provided to them in the Government sector. Contract works and jobs like sanitary
workers, sweepers etc., in the City Corporation and hospitals could be provided to them.

.
Roopakala, President ofKadalmeengal Transgender Self Help Group, Washermanpet,
Chennai, explained the biological aspect of the birth of the Transgender and that they are in
no way responsible for such a birth and hence need a more respectful life and hence requested
more help from the Government in terms of housing, employment and creating more
awareness among the public.

She also stated the police are harassing them for no fault of theirs. Therefore,
awareness about their problems, and how to treat the Transgender in public, should be created
among the Police personnel.

In the context of the various issues raised by the trans genders, the concerned officials
present gave their opinions.

The Additional Director, Rural Development Department stated that the Chief ..
Minister's Green housing Programme was well implemented in the rural areas. With regard
to Transgenders, he stated that in 2012-13 - 35 houses were provided to rural Transgenders
and in 2013-14 - 6.8 ~ouses have been allotted to the Transgenders and are under
construction. He further stated that rural transgenders are benefitted through the Green House
Scheme.

The AIG of Police stated that do their duties only and during the nights, the police
patrol the roads I streets and beaches, and question not only transgenders but also any person
whom they find during the nights on the roads. However, he stated that a common circular
would be issued to all police stations in the city regarding this.

Page 52 of 55
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61
Secretary, Social Welfare requested the transgenders to get their change of name
officially gazetted.

The Additional Secretary, Government of India, Ministry of .Social Justice and

Empowerment, New Delhi, stated that he made this visit to be educated and get a personal
experience by interacting with all the stakeholders particularly the transgenders. He also
stated that, Tamil Nadu is 'perhaps the only State taking substantial measures for the welfare
of trans genders. He further stated that a committee has been formed by Government of India,
to study the problems ofTransgenders and to suggest solutions for those problems.

A PowerPoint presentation was made by the Deputy Director (Women Welfare,

incharge), Department of Social Welfare on the measures taken by the Tamil Nadu
Trans gender Welfare Board for the welfare of Transgenders. Discussions were held during
the presentation, on the issues pointed out. The District Social Welfare Officer, Thiruvallur
District, explained the process of sanction of funds (subsidy) by the Board, obtaining of bank
loan and the economic activity of production and sale of bricks from the Brick kiln set up by
the Trans gender Self Help Group in Nallur Village, Cholavaram Block, Thiruvallur District,
etc.,

During the. course of discussion, Secretary, Social Welfare and Nutritious Meal
Programme Department, suggested that TAHDCO was one agency capable of handling the
issue of providing further loans if needed.

Trans genders also raised the issue of providing them the jobs of sanitary workers who
are to be recruited by the Chennai Corporation Health wing on contract basis. It was agreed
by the Secretary, Social Welfare and Nutritious Meal Programme Department and stated that
the Chennai Corporation can be requested to consider the Transgenders also for the sanitary
workers posts. The Official of the Health Department also stated that he would take up this
issue with his department.

Further discussions on the issue of housing was held, wherein, the Director, Adi
Dravida Department stated that in some places, people are objecting to providing housing to
Transgenders within their areas. However, in many other places pattas have been issued. He
suggested that shelters can be constructed by the Collectors for transgenders in groups with
beds, kitchen, etc., Secretary, Social Welfare and Nutritious Meal Programme Department
stated that hOusing is a real issue and needs to be addressed. He also stated that all put
together, funds are [Link].

The Rural Development Department has informed that on furnishing details of pattas
for Transgenders they will take appropriate action to construct group houses.

' The Additional Secretary, Government oflndia, enquired about the Sex Reassignment
Surgery done by the Transgenders, post-operative problems and care given to them. He also
enquired if sexual assault complaints are received from Transgenders by the Police, since

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-qo
they are vulnerable to sexual assaults. Since there is no provision in Indian Penal Code, if
such cases are reported, what action are the Police taking? He suggested that this aspect has
to be looked into.

Finally, the. meeting concluded with the proposing a vote of thanks.

Director of Social Welfare .

..

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-:f--1
Visit of Additional Secretary to Government of India, Ministry of Social Justice and
¢ I

Empowerment, New Delhi to Transgender Self Help Group, Chennai District

The Additional Secretary to Government of India, Ministry of Social Justice of

Empowerment and Deputy Secretary to Government, Social Welfare and Nutritious Meal
Programme Department visited the Transgender Self Help Group Kadaln;teehgal functioning
at No.69-A, J Block Backside Hut, East Cemetery Road, Chennai-21 on 27.11.2013 at 03.00
p.m.

During the visit, the members of the Kadalmeengal Self Help Group were present.
The President of the group explained about the Income Generating activities in the cloth
business by the group and they have got Rs.2.00 lakhs. Out of Rs.2.00 lakhs, they have got
[Link],OOO/- as Government subsidy and [Link] lakh as loan. They have completed the
repayment of loan amount and requested to enhance the loan amount.

They have expressed their thanks to Social Welfare and Nutritious Meal Programme
Department for issue ofiD Cards through Transgender Welfare Board and informed based on
the ID Card they were able to get Ration Card, Voter ID, etc.,

The Group ~embers explained that they are selling the cloth to the people residing
around the nearest area.

The Additional Secretary to Government of India enquired about the profit gained
through the cloth business. The President of the Group informed that they are getting
Rs.2,000/- to Rs.3,000/- per month as saving after meeting out all the expenditure.

The Deputy Secretary to Government, Social Welfare and Nutritious Meal

Programme Department enquired about the area where they have purchased cloth for their
business. The members responded that they are purchasing the cloth in the nearest area which
is at walkable distance.

The members also informed that they are engaged in other seasonable work like Idli
making, Vegetable and Flower selling and selling of cooked maize etc.

The members also exposed that their primary need is house and requested to provide
house and employment opportunity in Government Hospitals and ArnmaUnavuThittam.

The m¢mbers also requested to issue ID Card in English Version.

The Deputy Secretary to Government, Social Welfare and Nutritious Meal

Programme Department pointed out to include the age of the transgender in ID Card.

As the end ofvisit, the Additional Secretary to Government oflndia thanked all the
members of the group.

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~i-
~'

:·_
,;.·

,,
,,'
1-2- '
,-.·
~ .. ·_

~ ,...

INTRODUCTION ~~

Transgender people and their problems

I

Who are tra~sge~der peQple? ,,'

.;,:

',:,>
'
Transgender people are individuals of any age or sex whose appearance, personal '
,characteristics, or behaviors differ from stereotypes about how men and women are ,,
''
~ >~
"supposed" to be. Transgender people have existed in every culture, race, and class since the
c',•

story of human life has been recorded. Only the term "transgender" and the medical .. '/
,,.
technology available to transsexual people are new. In its broadest sense, transgender
~ ·.;
encompasses anyone whose identity or behaviour falls outside of stereotypical gender norms. ~:·:
i·:_
._;_;
What is the difference between sex and gender? '1',

2. Sex refers to biological status as male or female. It includes physical attributes such as
L;
sex chromosomes, gonads, sex hormones, internal reproductive structures, and external ~ ··:·

genitalia. Gender is a term that is often used to refer to ways that people act, interact, or feel
about themselves, which are associated with boys/men and girls/women. While aspects of
biological sex are the same across different cultures, aspects of gender may not be. I!:
::~-.
~::~.
Gender Identity and Gender Expression h~
~~~
3. "Gender identity'' refers to a person's internal, deeply felt sense of being either man ~-;~ ~
or woman, or something other or in between. Because gender identity is internal and ~ ::~
~ ', ~

personally definetl, it is not visible to others. In contrast, a person's "gender expression" is :;::
:->
<·"
,,
external and socially perceived. Gender expression refers to all of the external characteristics '~--.
,-.. -
~~- ~
and behaviors that are socially defined as either masculine or feminine, such as dress,
mannerisms, speech patterns and social interactions.

What does transgender mean?

4. The contemporary term "transgender" arose in the mid-1990s from the grassroots
community of gender-different people. In contemporary usage, transgender has become an
"umbrella" term that is used to describe a wide range of identities and experiences, including
but not limited to transsexual people; male and female cross-dressers (sometimes referred to
as "transvestites," "drag queens" or "drag kings"); intersexed individuals; and men and
women, regardless of sexual orientation, whose appearance or characteristics are perceived to
be gender atypical. In its broadest sense, transgender encompasses anyone whose identity or
behavior falls outside of stereotypical gender norms. That includes peopl~ 'who do not self-
identify as transgender, but who are perceived as such by others and thus are subject to the
same social oppressions and physical violence as those who actually identify with any of
these categories. Other cUrrent synonyms for transgender include "gender variant," "gender
different," and "gender non-conforming."

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1-3
5. In India there are a host of socio - cultural groups of transgender people like hijras/
kinnars, and other transgender identities like- shiv-shaktis, jogtas, jogappas, Aradhis, Sakhi,
etc. However, these socio-cultural groups are not the only transgender people, but there may
be those who do not belong to any of the groups but are transgender persons individually.
Though an accurate and reliable estimate of trans gender people is not available, it cannot be
denied that their number is miniscule compared with the total population of the country.

6. ..
The definition of transgender people in India has been dealt with in detail in Chapter
One. The definition recommended in that chapter is intended to bring more clarity and
uniformity in the understanding of the term 'transgender' for the purpose of this report as
well for it to serve as. a guide for all stakeholders such as administrators, police officers,
judicial officers, NGOs and the society at large.

7. Transgender people in India face a variety of issues. So far, these communities

perceive that they have been excluded from effectively participating in social and cultural
life; economy; and politics and decision-making processes. A primary reason (and
consequence) ofthe exclusion is perceived to be the lack of(or ambiguity in) recognition of
the gender status of hijras and other trans gender people. It is a key barrier that often prevents
them in exercising their civil rights in their desired gender. So far, there is no single
comprehensive source on the basis of which an evidence-based advocacy action plan can be
prepared by. transgender activists or possible legal solutions can be arrived at by
policymakers. Reports of harassment, violence, denial of services, and unfair treatment
against trans gender persons in the areas of employment, housing and public accommodation
have been discussed in local media, from time to time.

8. The problems being faced by the Transgender community have also been articulated
in a few Public Interest Litigation (PIL) petitions. As per available information, two PIL
petitions [WP (C) No. 400 of 2012 & 604 of 2013] have been filed in the Supreme Court of
India and one PIL [No. 01 of2012] in the High Court ofMumbai.

9. The problems faced by the Transgender community as articulated in the PIL petition
WP (C) No. 400 of 2012 filed by the National Legal Services Authority (NLSA) mentioned
above, in short, are that Transgender persons are deprived of the fundamental rights available
to the other two sexes i.e. male and female, and are not considered as the third sex. They are
deprived of many of the rights and privileges which other persons enjoy as citizens of India.
The transgender are deprived of social and cultural participation, are shunned by family and
society, have only restricted access to education, health services and public spaces, restricted
rights available to citizens such as right to marry, right to contest elections, right to vote,
employment and livelihood opportunities and various human rights such as voting, obtaining
Passport, driving license, ration card, Identity Card etc. The transgender community is
I
treated as a legal non-entity in violation of Article 14, 15, 16 and 21 of the Constitution of
India. Other important submissions ofNLSA are:

"(i) The transgender community, generally known as "Hijras" in this country, are a
section oflndian citizens who are treated by Society as unnaturals and generally as objects of

Page I 2
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~
ridicule and even fear on accqunt of superstition. All human beings are born free and equal
in dignity and ought to be entitled to enjoyment of human rights without discrimination on
the basis of sextlal orientation qr gender identity. Everyone is entitled to equality before the
law and equal protection of the law without any such discrimination. Trans genders are also
part of society and have equal, rights as are available to other persons. The discrimination
based on their class and gender makes the transgender community one of the most
disempowered and deprived groups in Indian society.

"(ii) In view ofthe constitutional guarantee, the transgender co~unity is entitled to basic
rights i.e. Right to Personal Liberty, dignity, Freedom of expression, Right to Education and
Empowerment, Right against violence, Discrimination and exploitation and Right to work.
Moreover, every person must have the right to decide his/her gender expression and identity,
including transsexuals, transgenders, hijras and should have right to freely express their
gender identity and be considered as a third sex.

"(iii) The problems, faced by transgenders are discrimination, lack of educational facilities,
unemployment, lack of shelter, lack of medical facilities like HIV care and hygiene,
depression, hormone pill abuse, tobacco and alcohol abuse and problems relating to marriage,
property, electoral rights, adoption. Ministry of Law and Ministry of Social Justice and State
Govermnents need to recognize the deprivation suffered by transgender people and work on
much needed reform.

"(iv) In 2003, the Hori'ble High Court of Madhya Pradesh upheld the order of an Election
Tribunal which nullified the election of a Hijra, Kamala Jaan, to the post of Mayor of Katni,
on the ground that it was a seat reserved for women and that KamlaJaan, being a 'male' was
not entitled to contest the seat. It is submitted that al.l the citizens oflndia have a right to vote
and to contest elections. But in the electoral rolls only two categories of the sex are
mentioned - male and female. This is unfair to the third sex of India as they are deprived of
their statutory right to vote and contest elections.

"(v) Transgenders, though human beings are not recognized as persons in violation of
human rights as they are deprived of their fundamental rights as well as also other civil rights.
The lack ofrecognition isolates transgenders, especially eunuchs, in the matter of civil rights.
The Constitution of India prohibits discrimination on the basis of sex. Since gender is taken
to mean only male and female, the eunuchs and transgenders cannot effectively exercise or
avail the benefits of constitutional rights and avail of facilities and benefits available to the
male and female genders.

"(vi) Transgenders have very limited employment opportunities. Transgenders have no

access to bathrooms/toilets and public spaces. The lack of access to bathrooms and public
spaces access is illustrative of discrimination faced by transgenders in availing each facilities
and amenities. They face similar problems in prisons, hospitals and schools.

"(vii) So far as criminal liability is concerned, transgenders cannot escap·~ punishment when
they are accused of committing crimes. The world "person" in the Indian Penal Code and

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General Clauses Act means all human beings. Persons who can be punished for committing
offences include transgenders, though they are consciously deprived of their civil rights.

"(viii) Transgenders have very limited employment opportunities as most jobs are confined
to male and female sexes. Transgenders, being a third sex, cannot even apply for most of the
jobs.

,:,_- "{ix) Transgender persons must be properly documented in census. There is need for
statutory reservation in education, elections and employment both in the public and private :"o'
''

sectors. They need to be empowered and uplifted by facilities for higher education and
vocational training to upgrade their earnings and status in society so as ·to promote their
acceptability in society.

"(x) Since transge~der~ are prone to health risks and setbacks, they need to be provided :·.
proper medical facilities, including health insurance and clinics, where free or subsidized ,·~~:.
~- ..

treatment should be made available.

"(xi) The different manifestations of discrimination and deprivation are a consequence of

the practice of recognizing and providing only for the male and/or the female sex. This gets
reflected in prescribed forms for applying for various privileges, facilities or amenities, as
these do not reflect that a person may belong to a gender, other than male or female."

10. In the other WP No. 604 of 2013 by Po<;>jya Mata Nasib Kaur ji W<:>men Welfare
Society, the petitioner has made similar submissions arid referred to transgenders as Kinnars.
They have prayed to the Supreme Court to direct the Respondents (Central & State
Governments) to inter alia bring a policy for upliftment and for socio-economic development
of the Kinnar Communities in India.

11. The Salvation of Oppressed Eunuchs (SOOE), the petitioner in PIL No. 1 of 2012 in
the High Court, Mumbai has brought out some issues, which are different from the above and
·'"' are as follows:

"( i) Eunuchs are forced by their 'gurus' to lead a life of servitude and bonded labourers. A
prayer has been made to ensure that the condition of eunuchs living as bonded labour be
ended forthwith under the provisions of the Bonder Labour System (Abolition) Act, 1976.

"(ii) The word 'rape' in Section 375 of Indian Penal Code (IPC) should include all sexual
crimes against women, men, children and transsexuals/eunuchs, as eunuchs are often the
targets of some of the worst sex crimes, more so, if they happened to be sex workers. It has,
therefore, been prayed to direct appropriate modification/interpretation of section 375 to
include transsexuals and eunuchs in the definition of the term 'rape'.

"(iii) There is an order of the Hon'ble High Court, Delhi about Section 377 of IPC,
validating rights of the homosexual people and that right has been denied to eunuchs until
now, simply because their disability was attempted to tJe concealed. A prayer has been made
in this context for directing appropriate modification/ interpretation of Section 377 of IPC,

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validating the rights of homosexual people be modified/interpreted to include transsexuals
and eunuchs in the definition ofthe term 'homosexuals'."

12. In a lecture delivered on Refresher Course for Civil Judges (Junior Division)-! Batch
at Tamil Nadu State Judicial Academy on 12.02.2011 "Rights of Transgender People -
Sensitising Officers to Provide Access to Justice" 1 by Hon'ble Mr. Justice [Link], then
. Judge, Supreme Court oflndia (presently Chief Justice) had stated thus:

"The Constitution provides for the fundamental right to equality, and tolerates no
discrimination on the grounds of sex, caste, creed or religion. The Constitution also
guarantees political rights and other benefits to evel'ij citizen. But the third conununity
(transgenders) continues to be ostracized. The Constitution affirms equality in all spheres but
the moot question is whether it is being applied.

"The main problems that are being faced by the transgender community are of discrimination,
unemployment, lack of educational facilities, homelessness, lack of medical facilities like
HIV care and hygiene, depression, hormone pill abuse, tobacco and alcohol abuse,
penectomy and problems related to marriage and adoption."

13. The broad remit ofthe Conunittee is to suggest appropriate workable solutions to the
above problems being faced by the transgender people.

1Lecture delivered on Refresher Course for Civil Judges (Junior Division)-! Batch at Tamil Nadu State Judicial
Academy on 12.02.2011 Rights of Transgender People- Sensltlslng Officers to Provide Access to Justice by
Hon'bleThiru. Justice [Link], the Judge, Supreme Court of India (presently Chief Justice):
[Link] ••

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. . -.-"[Link]_ .
Chapter One
Definition of Trans gender
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Understanding Gender: Some basic concepts ..

In order to define or describe who is a transgender person, it is necessary to establish a basic
understanding of what .[Link] is and how and who it is determined by. Since gender is one of
the most pervading and given social category, one may not be aware of it on a daily basis and
yet while going about the business of daily living, gender is present at every step. It
determines every aspect of our life including our name, clothes, hair length, appearance,
behaviours, occupation, mobility and so on. It is present in every document of identity,
including birth certificate, ration card, voter ID, passport, mark sheets/grade cards and so on.

2. Then there are spaces that are strictly gender segregated such as toilets for men and
women, queues and lines in several public utilities that are separate for men and women, for
instance security c;:hecks at malls, metros, airports, separate compartments in trains or
separate seating in buses and other public transport. In essence what this implies is that, while
living out one's life in a rural or an urban area, in a poor or a rich neighborhood, nationally or
globally, gender is constantly present, both in our minds and our interactions.

3. To the question, how and by whom is this gender determined, we first need to
understand that none of us are born with a gender, but gender is assigned to each one of us
based on the kind of primary sexual characteristics or external genitalia that we are born with.
Thus an infant born with genitalia looking like a "vagina" is assigned gender female at birth
and an infant born with genitalia looking like a "penis" is assigned gender male at birth. This
basic idea of 'gender as assigned' is expressed through the two terms - person assigned
gender female at birth (PAGFB) and person assigned gender male at birth (PAGMB). So in
this chapter, rather than simply using the terms 'male' and 'female', which imply gender to
be inborn, the terms PAGFB and PAGMB would be used.

4. Having established that gender is assigned, it should be understood that this assigned
gender at birth may or may not match the person's idea of their own gender as they grow up.
As a result there would be those, who grow up with a sense of comfort and alignment
between their 'felt' or own sense of gender and the gender assigned to them. These would be
persons who are 'cis gender', both cismen and cis women. And there would be those whose
own/inner sense of gender does not match the gender assigned to them. These would be
I
persons who are 'trans gender'.

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Transgender Persons: Some basic names and identities used

-::t-S
5. In terms of categories of gender, one may use the two categories of cisgender and
transgender. The category of cisgender is expressed as cis man and cis woman, commonly
referred to as man I male or woman I female (In place of cis man and cis woman, the terms
cis male and cis female are also used). However when people choose a gender other than the
gender assigned at birth, then they express their gender through several identity terms and
names, all of which largely fall under the category oftransgender.

6. Some of these terms used are described below. Several of these terms may have
similar or ovetlapping meanings.

0 Trans* - This is a term used in the discipline of gender studies to refer to all persons
whose own sense of gender does not match with the gender assigned to them at birth. Spelt
with an asterix, trans* is an umbrella term used to refer to all non-cisgender identities and
expressions. This includes transgender, transsexual, male to female (MtF), female to male
(FtM), gender queer, third gender, other and so on.

0 Transgender person - A person, who does not identify with the gender assigned to
them at birth.

0 Trans-man; A person who is assigned gender female at birth (PAGFB), but identifies
with the gender male. The person may or may not have undergone sex reassignment
surgery/procedures.

0 Trans-woman: A person who is assigned gender male at birth (P AGMB), but

identifies with the gender female. The person may or may not have undergone sex
reassignment surgery/procedures.

0 Male to Female Trans person (M to F I MtF): A person who is P AGMB, but identifies
with the female ~ender.

0 Female to Male Trans person (F to M I FtM): A person who is P AGFB, but identifies
with the male gender

0 Transsexual: Transsexual refers to a person who firmly identifies oneself as belonging

to a gender that is opposite to that of the birth-assigned gender.

0 Genderqueer: The term Transgender may mean for some people a 'sense oftransition'
from one gender to the other as is implied in terms such as M to F or F to M transgender
(male to female or female to male transition) and this description may work for some, while
some others may be more comfortable choosing terms that do not adhere to the notion of
gender binaries of male and female. They may see gender as less rigid and may prefer to use
the term Genderqueer to refer to their gender identity. Genderqueer implies persons who
identify as non cis gender and is used as an umbrella term to refer to a range of non-
normative gender expressions. ..

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All of the above names except transsexual may be taken by persons who have undergone a
sex reassignment surgery (post-operative), who may wish to undergo a sex reassignment
surgery eventually (pre-operative) or who may not want a medical intervention for changing
their bodies to match their own sense of gender.

0 Persons with Intersex Variations : Persons who at birth show variations in their
primary sexual characteristics, external genetalia, chromosomes, hormones from the
normative standard of female or male body are referred to as persons with intersex variations.
All persons with intersex variations are also assigned a gender at birth. And like with
everyone else, some of these persons may feel comfortable with their assignecj. gender and
will be cis gender and others may not, and be transgender. A detailed description of Persons
with Intersex Variations is given at Appendix -1. '·

7. Sex reassignment surgery/procedure refers to a range of medical procedures,

including surgical pro·cedures that people undergo to transform their bodies and or genitalia
to that of the suppo'sed opposite sex. This includes a range of procedures such as injection of
hormones, laser treatment for removal of body hair, genital re-constmctive surgery and so on.

8. In India, there are also several local terminologies and identities that are used to
describe gender transgressions. Some of these may further have specific socio-cultural
religious connotations such as in the case of 'Hijras' and 'Jogtas'. Some of these are
described below:

0 Kothi: A local language term used in South East Asia to refer to PAGMB, who
identify with characteristics, roles and behaviors conventionally associated with the feminine.
Kothis have also been defined as effeminate PAGMBs, who like to cross dress and see
themselves as WOIJ;len and use the female pronoun to describe themselves. They may take on
this identity only while among their peers, but may continue to dress and act like men
otherwise.

0 Hijras: Hijras are usually PAGMBs and rarely persons with. intersex variations but
identify with the characteristics, roles and behaviours conventionally associated with the
feminine. They cross dress and live their life as women or may identify as belonging to the
'third gender'. They may or may not undergo castration and often live in a group with their
gum. Most Hijras earn a living through sex work, begging or dancing during festivals and
auspicious occasions. Similarly there are 'jogtas', who are PAGMBs and who as children are
dedicated to a goddess and later ritually cross dressed 1•

9. Kothi persons present themselves as males in most spheres of their lives and only
reveal their feminine identity in certain social circles, unlike Hijra identified persons who
present themselves in their feminine attire all the time. Despite this difference, in present
times, the two identities may often overlap, especially in terms of the social and community
networks they are associated with.
I
1. 1Singr S, Dasgupta S, Patankar P, Sinha M. {2013). A People Stronger- The collectivization of MSM
and lTG [Link] in India, UNDP Publication, New Delhi: Sage Publications Pvt. Ltd.

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10. For the purpose of this report, and for all practical purposes, the Committee
recommends that the term 'transgender' (not trans*) will be used, as an inclusive term and
will cover various gender identities and expressions, as described in paragraph 6 above. It
will not be confined to any one of the specific socio-cultural identity groups, such as hijras,
kothis, etc but will include all such persons who fall under the generic definition of
transgender persons as follows:

Transgender persons: All persons whose own sense of gender does not match with the gender
assigned to them at birth. They will include trans-men & trans-women (whether or not they
have undergone sex reassignment surgery or honnonal treatment or laser therapy, etc.),
genderqueers and a number of socio cultural identities, such as kinnars, hijras, aravanis,
jogtas, etc. The term 'transgender' shall be construed accordingly.

11. The Committee further recommends that a compilation of all known transgender
socio-cultural groups should be prepared & circulated for guidance of all concerned, with a
disclaimer that the said compilation is "suggestive and not exhaustive and all such persons
who qualify as transgender as per the generic definition above and pass the mandatory psycho
social assessment (see paragraph 6 of Chapter Four) should be categorized as transgender
persons." The criterion/test for qualifying as a transgender person will apply on individual
basis and the fact such a person belongs to a known transgender socio-cultural group will act
a corroborative [Link] and not conclusive. As a starting point, a compilation of various
transgender socio-cultural groups has been prepared by the Committee, based on available
information, and is at Appendix-2.

12. It is also important that while talking about transgender persons, one should be able to
make clear distinction between 'sexual orientation' and 'gender identity'. Significantly, this
distinction has been clearly explained in the Yogyakarta Principles on the application of
International Human Rights Law in relation to sexual orientation and gender identity, as
follows:

"Sexual orientation" is understood to refer to each person's capacity for profound emotional,
affectional and sexual attraction to, and intimate and sexual relations with, individuals of a
different gender'or the same gender or more than one gender.

"Gender identity" is understood to refer to each person's deeply felt internal and individual
experience of gender, which may or may not correspond with the sex assigned at birth,
including the personal sense of the body (which may involve, if freely chosen, modification
of bodily appearance or function by medical, surgical or other means) and other expressions
of gender, including dress, speech and mannerisms.

13. It is also clear from the Yogyakarta Principles that while the perception of being a
Lesbian, Gay or Bisexual· is a function of sexual orientation, in case of trans gender persons, it
is a function of gender identity. This is evident from the following excerpt from preamble of
the said principles:

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" ... historically people have experienced these human rights violations because they are or are
perceived to be lesbian, gay or bisexual, because of their consensual sexual conduct with
persons of the same gender or because they are or are perceived to be transsexual,
transgender or intersex or belong to social groups identified in particular societies by sexual
orientation or gender identity;"

14. However, what is significant is that under these principles both Sexual orientation and
gender identity are integral to every person's dignity and humanity and must not be the basis
for discrimination or abuse. All human beings are born free and equal in dignity and rights.
All human rights are universal, interdependent, indivisible and interrelated.

15. The remit of this Committee being limited to the issues of transgender persons, it
doesn't intend to discuss the issues oflesbian, gay and bisexual persons.
..
16. In the context of 'sexual orientation' and 'gender identity' being different in concept,
it is recommended that the terms 'sex' and 'gender' should not be used interchangeably (as
are often used preseJ1tlY). and only the term 'gender' should be used in various official
documents including identity documents, application forms, returns, reports, etc.

References:

1. LABIA, (2013.) Breaking the Binary: Understanding concerns and realities of queer
persons assigned gender female at birth across a spectrum of lived gender identities,
Mumbai: LABIA

2. Singh S, Dasgupta S, Patankar P, Sinha M. (2013). A People Stronger - The

collectivization of MSM and TG Groups in India, UNDP Publication, New Delhi: Sage
Publications Pvt. Ltd.

3. Vaidya, S. (2013). Between Places and Spaces- Exploring Gender Binaries through the
narratives of trans-persons, (Unpublished) M.A. Dissertation submitted to Tata Institute
of Social Sciences

4. The Yogyakarta Principles on the Application of International Human Rights Law in

relation to Sexual Orientation and Gender Identity:
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Chapter Two
Constitutional Protection &
Jurisprudence
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The Constitution of India

In essence, the Constitution oflndia is 'sex blind', that is to say, the basic premise of equality
before the law and equal protection of the law is based on a Constitutional mandate that the
sex of a person is irrelevant save where the Constitutiop itself requires special provisions to
be made for women [Article 15(3)). Article 14 guarantees to all persons equality before the
law. Article 19 (1) ensures for all citizens freedom of speech & expression. Article 21
guarantees life of dignity to all persons. Articles 15(1), 15(2) and 16(2) in express terms
prohibit discrimination on the ground of sex. These articles are reproduced below:

"14. Equality before law.-The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.

"15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-
( 1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to-

(a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the
use of wells, tanl<:s, bathing ghats, roads and places of public resort maintained wholly or
partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for
women and children.

(4) ,,,,,

(5) "'""'"
"16. Equality of opportunity in matters ofpublic employment.-(!) There shall be equality of
opportunity for all citizens in matters relating to employment or appointment to any office
under the State.

(2) No ·citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.

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(3) "'""" ~3
(4) "'"'"'"
(4A) '"'"

(4B)'
"'"
,,,,,,,,
(5)

"19. Protection of certain rights regarding freedom of speech, etc.-(1) All citizens shall have
the right-

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

..
(d) to move freely throughout the territory of India;

(e) to reside and settle .in [Link] part of the territory of India; and

(g) to practise any profession, or to carry on any occupation, trade or business.

"21. Protection of life and personal liberty.-No person shall be deprived of his life or
personal liberty except according to procedure established by law."

2. In Part III of the Constitution, the beneficiaries of the rights are identified as 'person'
or 'citizen'. In the absence of any specific or implied exclusion or denial of such recognition,
by virtue of the fact that a transgender is a human being, all constitutional rights must
necessarily flow to a transgender. The 'Transgender' community falls within the purview of
the Constitution of India and thereby they are entitled to all the rights as guaranteed under the
same.

3. Article 5 of the Constitution identifies the persons who are entitled to be citizens of
India. None of the conditions specified therein require a determinate sex or gender identity as
a pre-condition of acquiring citizenship.

4. The Citizenship Act, 1955 which provides for the acquisition and determination of
Indian Citizenship also does not, expressly or impliedly require a determinate sex or gender
identity as a pre-condition for acquiring citizenship. For a person to be a voter (elector),
he/she has to be a citizen of India. The Election Commission of India has taken special
measures to enroll the transgender persons as electors.

5. The definition of person under the General Clauses Act, 1897 is couched in even
wider terms. Section 3(42) of the Act of 1897 defines a person to 'include any company or
association or body of individuals, whether incorporated or not'. Though Section 13 of the
1897 Act stipulates that words importing the masculine gender shall be taken to include

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females, this stipulation is itself conditioned by the statutory direction that this is so unless
there is anything repugnant in the subject or context.

6. A harmonious reading of the Constitutional provisions set out hereinabove as well as

the provisions of the Citizenship Act, 1955 and the General Clauses Act, 1897 Act would
show that in fact there is no conflict or limitation imposed on the concept of 'person' by any
- of these laws and a Transgender person would undoubtedly fall within the definition of
'person'.

7. Interestingly, the Registration of l3irths and Deaths Act, 1969 doesn't mention
anything about 'sex'/ 'gender' of a person to be registered in case ofbirth or death. The Act
is gender neutral. The requirement of indicating the se~gender of a person in case of a birth
or death in the Birth or Death certificate, as the case may be, doesn't seem to flow from the
provisions of the Act itself. Such a requirement may have been put in the formats of such
certificates prescribed in the Rules under the Act, which are made by the States.

Naz Foundation Vs NCT of Delhi

8. In the case ofNaz Foundation Vs NCT of Delhi in the context of inclusiveness 1 it has
been held that "Where society can display inclusiveness and understanding, such persons can
be assured of a life of dignity and non-discrimination. It cannot be forgotten that
discrimination is antithesis of equality and that it is the recognition of equality which will
foster the dignity of every individual" 2 •

"Discrimination must be prohibited where it is on grounds of race, colour, ethnicity, descent,

sex, pregnancy, maternity, civil, family or career status, language, religion or belief, political
or other opinion, birth, national or social origin, nationality, economic status, association with
a national minority, sexual orientation, gender identity, age, disability, health status, genetic
or other predisposition toward illness or a combination of any of these grounds, or on the
basis of characteristics associated with any of these grounds."

9. Further it has been laid down in Naz Foundation Vs NCT of Delhi, "Sexual
orientation is a ground analogous to sex and that discrimination on the basis of sexual
orientation is not permitted by Article 15. Further, Article 15(2) incorporates the notion of
horizontal application of rights. In other words, it even prohibits discrimination of one citizen
by another in matters of access to public spaces. In our view, discrimination on the ground of
sexual orientation is impermissible even on the horizontal application of the right enshrined
under Article 15'3 " 3 . The above judgment was set aside by the Supreme Court in its order
dated 11-12-2013. Review petitions have been filed against the said order of the Supreme
Court.

10. It is therefore evident that the Constitution of India guarantees right to equality and
non-discrimination for all including transgender persons.

1 Declaration of Principles on Equality 2008

2 160 Delhi law times 277
3 160 Delhi law times 277 .

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Chapter r·hree
International Practices
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Legal definitions

In many of the countries who have a strong anti-discrimination law, the definitions of
transgender seem to have been observed only to make it as inclusive as possible. To this
effect, the laws emphasise the Anti-discrimination aspect of the issue rather than the
definition and wherever definitions have been used, they have been derived from WP ATH
guidelines1 and are [Link] accepted defmitions. It is accepted that transgender people
are citizens with equal rights under the yarious Constitutions; the only clarification is the
recognition and strengthening of the anti-discrimination aspect of their laws to ensure that
protection measures laid out by the state are engaged in full.

Canada 0 •

2. In Canada, a private member's bill protecting the rights of freedom of gender

expression and gender identity was passed in the House of Commons on February 9, 2011. It
amends the Canada· Human Rights Code to help protect gender-variant people from
discrimination by including gender identity and expression in the list of prohibited grounds
for discrimination, as well as including gender identity and expression in the description of
identifiable group, so that offences deliberately against gender-variant people can be
punished to a similar extent as a racial-based crime 2. The bill may or may not be passed by
the Senate 3 .

United States ofAmerica (USA)

3. In the USA, a federal bill to protect workers from discrimination based on sexual
orientation and gender identity - called the Employment Non-Discrimination Act - has
stalled and failed several times over the past two decades 4 . Still, individual states and cities
have begun passing their own non-discrimination ordinances. In New York, for example,
Governor David Paterson passed the. first legislation to include transgender protections in
September 2010 5.

1 The Harry Benjamin International Gender Dysphoria Association's Standards Of Care For Gender Identity
Disorders, Sixth Version, February, 2001.
2 http ://www2. pa [Link]. ca/H ouse Publications/Publication. aspx?Doci d=390652 O&fi Ie=4
3 lbbitson, John (2011-02-10). "Transgendered-rights bill headed for defeat in Tory-held Senate". The Globe

and Mail (Toronto).

4 Gay and Lesbian Alliance Against Defamation. "LGBT Advocates Call for Action on ENDA", "GLAAO Blog", USA,

May 2010.
5 Gay and Lesbian Alliance Against Defamation. "Governor David Paterson Signs New York's First Bill Ensuring

Transgender Protections", "GLAAD Slog", USA, September 2010.

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4. Nicole, took a case of whether she is allowed to use her high school's girl's bathroom,
as a transgender girf, to Maine's Supreme Court in June, 2013. She claims being denied such
access is a violation of Maine's Human Rights Act, though a state judge has already disagreed
with her 6.

5. The current status ofUS policy on transgender persons is at Appendix-3.

Argentina & Australia

6. There are two recent examples . of clarity of definition in Laws and Acts passed
recently, by Argentina in 2012 andAustralia in 2013.

Gender Identity Law, Article 2 -Argentina, 2012

7. Gender identity is understood as the internal and individual way in which gender is
perceived by persons, that can correspond or not to the gender assigned at birth, including the
personal experience of the body. This can involve modifying bodily appearance or functions
through pharmacological, surgical or other means, provided it is freely chosen. It also
includes other expressions of gender such as dress, ways of speaking and gestures.

Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex

Status) Bill, Ausfralia, 2013 7 :

8. Gender identity means the gender-related identity, appearance or mannerisms or other

gender-related characteristics of a person (whether by way of medical intervention or not),
with or without regard to the person's designated sex at birth.

Intersex status means the status of having physical, hormonal or genetic features that are:

(a) neither wholly female nor wholly male; or

(b) a combination of female and male; or

(c) neither female nor male.

From the Yogyakarta Principles 8 -

Principle 3 -The right to recognition before the Law, -Understanding 'gender identity' to
refer to each person's deeply felt internal and individual experience of gender, which may or
may not correspond with the sex assigned at birth, including the personal sense of the body
(which may involve, if freely chosen, modification of bodily appearance or function by
medical, surgical or other means) and other expressions of gender, including dress, speech
and mannerisms;'

6 June, Daniel, "Transgender Girl in Maine Seeks Supreme Court's Approval to Use School's Girls Room
7 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill, Australia, 2013
8 The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual

Orientation and Gender identity: [Link]

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States shall -Take all necessary legislative, administrative and other measures to ensure that
procedures exist whereby all State-issued identity papers which indicate a person's
gender/sex - including birth certificates, passports, electoral records and other documents -
reflect the person's profound self-defined gender identity;

The right to Education, civil and political rights, inheritance and succession rights must be
,, , clearly identified ,and defined. States must -Ensure that all persons are accorded legal
· c;apacity in civil matters, without discrimination on the basis of sexual orientation or gender
identity, and the opportunity to exercise that capacity, including equal rights to conclude
contracts, and to administer, own, acquire (including through inheritance), manage, enjoy and
dispose of property;

The International Bill of Gender Rights, 1995 (As adopted June 17, 1995 Houston,
Texas, [Link]

"The International Bill of Gender Rights (IBGR) strives to express human and civil rights
from a gender perspective. However, the ten rights enunciated below are not to be viewed as
special rights applicable to a particular interest group. Nor are these rights limited in
application to persons for whom gender identity and gender role issues are of paramount
concern. All ten sections of the IBGR are universal rights which can be claimed and
exercised by every human being." ..
The Right to define Gender Identity

All human beings carry within themselves an ever unfolding idea of who they are and what
they are capable of achieving. The individual sense of self is not determined by chromosomal
sex, genitalia, assigned birth sex, or initial gender role. Thus, the individual's identity and
capabilities cannot be circumscribed by what society deems to be masculine or feminine
behavior. It is fundamental that individuals have the right to define, and to redefine as their
lives unfold, their own gender identities, without regard to chromosomal sex, genitalia,
assigned birth sex or initial gender role.

The Right to Free Expression of Gender Identity

All human beings have the right to free expression of their self- defmed gender identity; and
further no individual shall be denied Human or Civil Rights by virtue of the expression of a
self-defined gende~ identity.

The Right of Access to Gendered Space and Participation in Gendered Activity

Given the right to define one's own gender identity and the corresponding right to free
expression of a self-defined gender identity, no individual should be denied access to a space
or denied participation in an activity by virtue of a self-defined gender identity which is not in
accord with chromosomal sex, genitalia assigned birth sex or initial gender role.

9 bttp..J/rnv.exe_(:_Rc.cornj~drnrnunson/[Link].; http:[Link]/[Link]

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The Right to control and change one's body

gg
All human beings have the right to control their bodies, which includes the right to change
their bodies cosmet~cally, chemically or surgically, so as to express a self-defined gender
identity. Therefore, individuals shall not be denied the right to change their bodies as a means
of expressing a self-defined gender identity; and further, individuals shall not be denied
,. . Human or Civil Rights on the basis that they have changed their qodies cosmetically,
chemically, or surgically, or desire to do so as a means of expressing a self-defined gender
identity.

The Right to competent medical and professional care

No individual should be denied access to competent medical or other professional care on the
basis of the individual's chromosomal sex, genitalia, assigned birth sex, or initial gender role.

The Right to freedom from psychiatric diagnosis or treatment

Individuals shall not be subject to psychiatric diagnosis or treatment as mentally disordered

or diseased solely on the basis of a self-defined gender identity or the expression thereof.

UN Declaration on Sexual Orientation and Gender Identity presented to the UN

General Assembly dated 18.12.2008 (First ever st~tement on sexual orientation and
gender identifY at the UN General Assembly: The statement read by Argentina 10)

We have the honour to make this statement on human rights, sexual orientation and gender
identity on behalf of Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium,
Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African
Republic, Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador,
Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Guinea-Bissau, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway,
Paraguay, Poland, Portugal, Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor-
Leste, United Kingdom, Uruguay, and Venezuela.

The statement is non-binding, and reaffirms existing protections for human rights in
international law. It builds on a previous joint statement supported by 54 countries, which
Norway delivered at the UN Human Rights Council in 2006 11 •

Principle 1 - We reaffirm the principle of universality of human rights, as enshrined in the

Universal Declaration of Human Rights, whose sixtieth anniversary is celebrated this year,
article 1 of which proclaims that -all human beings are born free and equal in dignity and
rights.

10httR:[Link]/ilga/en/article/1211
11[Link] hrw. org/news/2008/12/11/ un-genera 1-assem bly-address-sexua I-ori entation- a n~-ge nd e r-
identity

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Principle 2 - We reaffirm that everyone is entitled to the enjoyment of human rights without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status, as set out in article 2 of the
Universal Declaration of Human Rights, and article 2 of the International Covenant on Civil
and Political Rights, and the International Covenant on Economic, Social and Cultural
Rights, as well as in article 26 of the International Covenant on Civil and Political Rights.

Principle 3- We reaffirm the principle of non - discrimination, which requires that human
.
rights apply equally to every human being regardless of sexual orientation or gender identity.

Principle 4- We are deeply concerned by violations ofhuman rights on fundamental freedoms

based on sexual orientation or gender identity

Principle 5- We are also disturbed that violence, harassment, discrimination, exclusion,

stigmatization and prejudice are directed against persons in all countries in the world because
of sexual orientation or gender identity, and that these practices undermine the integrity and
dignity of those subjected to these abuses.

Principle 6- We condemn the human rights violations based on sexual orientation or gender
identity wherever they occur, in particular the use of the death penalty on this ground,
extrajudicial, summary or arbitrary executions, the practice of torture and other cruel,
inhuman and degnrding treatment or punishment, arbitrary arrest or detention and deprivation
of economic, social and cultural rights, including the right to health.
..
Principle 10- We call upon all states and relevant international human rights mechanisms to
commit to promote and protect the human rights of all persons, regardless of sexual
orientation or gender identity.

Principle 11 - We urge states to take all the necessary measures, in particular legislative or
administrative, to ensure that sexual orientation or gender identity may under no
circumstances be the basis for criminal penalties, in particular executions, arrests or
detention.

Principle 12 - We urge States to ensure that human rights violations based on sexual
orientation or gender identity are investigated and perpetrators held accountable and brought
to justice.

Principle 13 -We urge States to ensure adequate protection of human rights defenders, and
remove obstacles which prevent them from carrying out their work on issues of human rights
and sexual orientation and gender identity.

Judgments:
DECISIONS ON GENDER IDENTITY

Australia: Attorney General v. Kevin and Jennifer, Full Court of the Family Court of
Australia at Sydney, 2003

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qo
... taking the view that psychological factors take precedence over biological ones, and stating
· "where a person's gender identification differs from his or her biological sex, the
[psychological] should in all cases prevail. It would follow that all transsexuals would be
treated in law according to the sex identification, regardless of whether they had undertaken
any medical treatment to make their bodies conform with that identification".

Australia: AB and AH v State of Western Australia and Anor 12

HCA 42- 6 October 2011

An appeal in AB & AH v State of Western Australia & Anor in the Australian High Court,
that jurisdiction's highest court, has been won by two trans gender persons. The applicants are
now legally recognised as men, although they did not undergo complete sex-change surgery.
Transgender and intersex organisations have welcomed this decision.

The Australian High Court held that a person may be identified as male or female as
characteristics are "confined to external physical characteristics that are socially
recognisable" ~nd "such recognition does not require knowledge of a person's sexual organs".
Peter Hyndal, of the organisation Gender Agenda commented that the ruling was in keeping
with deqisions in South Africa, Britain and other European countries. Sally Goldner, a
spokesperson for Transgender Victoria said that the decision "is in line with the findings of
the Australian Human Rights Commission's Sex Files Report in 2009 which recommended
that surgery should not be considered a necessary pre-requisite for the legal recognition of a
change of sex."

Additionally, Australia has recently changed their passport laws so that transgender people
can alter their passports without sex-change surgery.

B VerfGE [Federal Constitutional Court], May 27, 2008: Germany

The case 13 was brought by prominent layer Maria-Sabine Augstein, who also filed the
Constitutional Court case that lead to the introduction of the 1981 transsexuality law
(Transsexuellengesetz- TSG in German), and was supported in a briefLSVD.

The German Constitutional Court considerably strengthened the rights of transgender people
under German law, particularly the rights of non-operative transsexual people who live in
same-gender relationships.

In Germany pre- or non-:operative transsexuals can change their first name to reflect their new
identity (so called "small solution" as opposed to the "big solution" of full surgery) -
however legally they remain in their birth sex. In the case decided by the Const. Court, a
male-to-female non-operative transsexual who had opted for the small solution and had
changed her first name wanted to get her relationship with her female partner recognized by

12 http:[Link]/laws/cases/[Link]
13 • .
httg://www.i[f@:
[Link](home/guide/coun~ry by country/germany/landt)lark transgender case in german constitution
al court and http:[Link]/Documents/law/Law%20Journai(Arc~ives/Knott [Link]

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the state - in her perspective she is living in a same-sex relationship. When she went to the
marriage registrar and got married, she was told that under the TSG, her flrst name had
changed back to her previous male name - thus losing her female gender identity in the
process.

This rule was enacted in 1981 to prevent what would be seen as "same-sex marriage". Since
she is still legally male she can also not get a registered partnership - as these are only
available to partners of the same legal gender.

The current law in effect is a prohibition of marriage and partnership for pre- or non-
operative homosexual transsexuals in Germany (under the partnership law, heterosexual pre-
or non-operative transsexuals can register a partnership without having to change their flrst
names back). This aspect of the TSG has been found to violate the Constitution by the Court
today as it contravenes the intimate sphere (including the right to one's first name) and
gender identity of the affected individuals. Crucially the Court in its opinion also stresses that
many pre-operative transsexuals in Germany do not desire to undergo full surgery and that
their gender identity has to be respected by the law. The Court also notes that the 1981 TSG
is outdated in its expectation that all transsexuals will be heterosexual - noting that there are
many transsexuals who are in fact homosexual.

The German Government and Bundestag now have to reform the TSG to allow pre- or non-
operative homosexual transsexuals the ability to get their partnerships recognized.

LSVD has urged the government to use this Court decision as an opportunity to reform the
TSG as a whole and make it less burdensome for transgender people as a whole (including
the requirement for full surgery to legally change their gender and the· requirement for
divorce in that case). Also we hope that this Court decision is a good basis to lobby for pre-
or non-operative transsexuals with the "small-solution" to receive passports that reflect their
gender identity rather· than their legal sex - enabling them to travel without hassles outside
Europe (in Europe they can use identity cards that do not identify sex).

XY v. Ontario 14, Canada, 11 April2012

The 11 April 2012 decision of the Ontario Human Rights Tribunal to no longer require sex
reassignment surgery in order to change a sex designation on an Ontario birth registration has
been hailed by Egale Canada as a significant step toward recognizing the discrimination
faced daily by trans people in Canadian society and respecting the inherent dignity and
equality of trans people.

According to the mling, entitled XY v. Ontario (Government and Consumer Services),

"Section 36 of the [Vital Statistics Act] in particular perpetuates disadvantage and prejudice
against transgendered persons because it gives force to the prejudicial notion that
transgendered people are not entitled to have their gender recognized unless they surgically
· alter their bodies."

14 http:[Link](doc/89708239/0ntario~Tribunai-Decision-on-Vitai-Statistics-Act-surgery-
. . .
requirement

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While the Tribunal does not have the jurisdiction to set aside or strike down legislation, it has
directed the Government of Ontario to revise the criteria for changing a sex designation in
order to remove the discriminatory effect of the current system on trans people and comply .
with the Ontario Human Rights Code-namely, without the requirement for surgery. The
mling sets a 180 day deadline for the amendments to be made.

Sunil6abu Pant and Others v. Nepal Government and Others 15,

Supreme Court [Link] (21 December 2007)

In April2007, the Blue Diamond Society, MITINI Nepal, Cmse AIDS Nepal, and Parichaya
Nepal, all organizations representing lesbians, gays, and "people of the third gender" filed a
writ petition under Article 107(2) ofthe Interim Constitution ofNepal seeking recognition of
transgender individuals as a third gender, a law prohibiting discrimination on the basis of
sexual orientation and gender identity, and reparations by the State to victims of State
violence and discrimination.

Under Nepal's citizenship card system, all adult citizens with citizenship cards were given
access to certain benefits, such as ration cards, passports, and residency cards. Officials
frequently denied citizenship cards to individuals who wished to register as a third gender
rather than as male or female. In addition, although not used to prohibit same-sex sexual
relationships, Nepal's Criminal Code criminalised "unnatural sexual intercourse". People of
the third gender (metis) frequently faced police violence and harassment because of their
gender expression.

The petitioners argued that international instruments as well as the decisions of other national
I
courts protected people, including those of the third gender, against discrimination on
grounds of sexual orientation. People of the third gender (homosexual, transgender, and
intersex people) had not been treated equally. It was the responsibility of the State to provide
identity documents, including birth certificates, citizenship certificates, passports and voter
identity cards, specifying sex in accordance with the identity of "gender minorities". Without
identity cards, people of the third gender were deprived of education and other public benefits
and were dishonored and disrespected.

The Court considered the following questions:

( 1) Whether the writ petition regarding the rights of homosexuals and people of the third
gender, considered as minorities on the basis of gender identity or sexual orientation, fell
under the category of public interest litigation.

(2) Whether homosexuals and people of the third gender were so naturally or because of
some mental perversion.

(3) Whether the State had acted in a discriminatory manner with respect to the petitioners.

(4) Whether the order sought by the petitioners should be issued.

15 http:(/[Link]/laws/cases/[Link]
i ' ;

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First, the Court found that the writ petition fell within the category of public interest litigation
because it concerned a matter of social justice. It was a "constitutional duty and responsibility
of the state to make the deprived and socially backward classes and communities" able to
enjoy their rights as others did. Protection of the rights of disadvantaged groups fell within
the realm of public interest litigation the Court had previously widened locus standi under its
extraordinary jurisdiction in cases of public interest litigation.

The Court next considered the origin of non-conforming sexual orientations and gender
identities. It used the Yogyakarta Principles to define sexual orientation and gender identity
and defined the terms lesbian, gay, bisexual, transsexual, homosexual, transgender, and
intersexuality.

The Court concluded that sexual orientation was a natural process rather than the result of
.
"mental perversion" or "emotional and psychological disorder". It rejected the notion that
people of the third sex were "sexual perverts".

As for the question of whether the State had discriminated against citizens whose sexual
orientation was homosexual and whose gender identity was transgender, the Court found that
the petitioners and the people they represented did indeed face violence, stigmatization, and
discrimination. It based this finding on the Yogyakarta Principles.

The petitioners argued that international instruments as well as the decisions of other national
courts protected people, including those of the third gender, against discrimination on
grounds of sexual orientation. People of the third gender (homosexual, transgender, and
intersex people) had not been treated equally. It was the responsibility ofthe State to provide
identity documents, including birth certificates, citizenship certificates, passports and voter
identity cards, specifying sex in accordance with the identity of"gender minorities". Without
identity cards, people of the third gender were deprived of education and [Link] public benefits
and were dishonored and disrespected.

The Court ordered the Government to make the necessary arrangements, including making
new laws or amending existing laws, to ensure that people of different gender identities and
sexual orientations could enjoy their rights without discrimination. The Court further ordered
that the new Constitution should· guarantee non-discrimination on the grounds of gender
identity and sexual orientation. Finally, the Court directed the Government to fonn a
committee to study issues related to same-sex marriage.

DECISION ON CUSTODY OF CHILDREN

Kantaras v. Kantaras

In June 2005, love, patience, and persistence, combined with a visionary judge led to an
historic settlement agreement between NCLR client Michael Kantaras and his former wife .
.Michael, a transsexual father, has been fighting for almost seven years to retain his parental
rights to his two children, aged 16 and 13. This case first made national and international
news in 2002, when Court TV aired the entire three week dissolution and custody trial.
Michael's former wife knew he was transgender when they married, but when Michael filed

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for divorce, she attacked the validity. of their ten-year marriage-and Michael's s~u~asa legal
parent to the couple's two children-based solely on Michael's transgender status. In February
2003, Circuit Court judge Gerard O'Brien issued a groundbreaking decision holding that
Michael was legally male, affirming the validity of the marriage, and awarding Michael
primary custody of the couple's two children. In July 2004, the Court of Appeal's reversed
Judge O'Brien's historic Order, voiding the former couple's marriage. The appeals court sent
the case back to the trial court to determine Michael's parental rights. After hearing about the
case, television celebrity Dr. Phil invited the couple to be on his show and encouraged them
to mediate the case for the sake of the children. After two all-day mediation sessions, the
parties reached a settlement in which Michael retains all of his parental rights and
responsibilities and will continue to share legal custody with the children's mother.

JEAN DOE v. BELL

In January 2003, SRLP working with the Peter Cicchino Youth Project ofthe Urban Justice
Center and Debevoise & Plimpton LLP, helped achieve a groundbreaking victory for
transgender youth in foster care in the Jean Doe v. Bell case.

In this case, a 17-year-old transgender woman won the right to .dress in women's clothing
while a resident in foster care facilities run by the Administration for Children's Services
(ACS). The court nded that dress codes barring transgender youth in foster care from wearing
clothing appropriate to their gender identity was illegal discrimination.

In the suit, the legal team argued that ACS was discriminating against the young woman
based on her gender identity disorder (GID) diagnosis and on her sex. SRLP also charged that
ACS was violating her First Amendment right to free expression. On January 7, State
Supreme Court Judge Louise Gruner Gans ruled that the Commission of ACS had engaged in
unlawful discrimination.

EmplQyment Tribunal DecisiQns

P v (1) Sand (2) Cornwall County Council (1996 IRLR 347) (ECJ)

P was employed as the general manager of an educational establishment operated by

Cornwall County Council, and was originally recruited as a man. When P informed her
employer that she intended to undergo gender reassignment, she was dismissed. She brought
a sex discrimination complaint. The industrial tribunal decided that the true reason for P's
dismissal was her employer's objection to her intention to undergo a gender reassignment
operation. The tribunal did not believe, however, that P had a remedy under the Sex
Discrimination Act (SDA), because the SDA prohibits only adverse treatment for men and
women because they belong to one sex or the other, not because they are transsexual people,
and the tribunal was satisfied that P would have been dismissed for undergoing gender
reassignment surgery whether she had been a man or a woman. The tribunal decided to ask
the European Court of Justice (ECJ) for a ruling on whether the Equal Treatment Directive is
wider in scope than the SDA. In its judgement, the ECJ pointed out that the Equal Treatment
Directive stipulates that there should be 'no discrimination whatsoever on grounds of sex',

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45
and that the right not to be discriminated against on the ground of sex is one of the
fundamental human rights whose observance the ECJ has a duty to ensure. Accordingly, the
scope of the Directive cannot be confined simply to discrimination based on the fact that a
person is of one or other sex. In view of its purpose and the nature of the rights, which it
seeks to safeguard, the Directive must also apply to discrimination arising from gender
reassignment. Such discrimination is based, essentially if not exclusively, on the sex of the
person concerned. Where a person is dismissed on the ground that he or she intends to
undergo, or has undergone, gender reassignment, he or she is treated unfavourably by
comparison with persons of the sex to which he or she was deemed to belong before
undergoing gender reassignment. Dismissal of a transsexual person for a reason related to a
gender reassignment is therefore in breach of the Directive. When P's case returned to the
industrial tribunal, her discrimination complaint was upheld. The parties agreed
compensation of an unstated sum before the hearing on compensation was concluded.

Chessington World of Adventure v Reed (1997 IRLR 556) (EAT)

Ms Reed was subjected to a prolonged campaign of abuse and harassment from her
colleagues at work when she announced her change of gender identity from male to female.
The Employment Appeal Tribunal (EAT) held that discrimination arising from a declared
intention to undergo gender reassignment was unlawful under the SDA (Sex Discrimination
Act).

M v West Midlands Police (1996 ET)

M, who had undergone male to female gender reassignment, applied to join the West
Midlands Police Force as a police constable. She passed the assessment procedures and was
informed that she was suitable for appointment. As the school certificates she would have to
supply would show that she had previously been a man, M decided to inform the West
Midlands Police that she was transsexual. She subsequently received a. rejection letter
indicating that because of her gender reassignment, West Midlands Police considered that it
would be inappropriate for her to carry out some of the duties of the pos.t hlcluding searching
suspects. The Industrial Tribunal found that discrimination on the grounds of gender
reassignment did not. col?e within the SDA/Equal Treatment Directive (ETD) but even if it
did, West Midlands Police had a defence under s7 of the SDA which deals with genuine
occupational qualifications and under Article 2.2 of the ETD. M's case was unsuccessful.
Since this case was heard, the EAT has decided that the SDA and the ETD does cover
discrimination on the grounds of being transsexual(see P v S and Cornwall County Council.
and Chessington World of Adventure v Reed above). However, since then, the SDA has been
amended to make it lawful to discriminate against transsexual people in recruitment to a job
if the work involves the holder conducting intimate searches pursuant to statutory powers as
contained in, for example, The Police and Criminal Evidence Act.

Malone v Ministry of Defence (1997 ET)

Ms Malone was dismissed from the Royal Air force in 1993 and believed that it was because
she was transsexual. She made her complaint to the tribunal in 1994 well outside the 3

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months' time limit. The! tribunal considered that it was just and equitable to hear the claim as
it had not been known at the time of the dismissal that the SDA/ETO would cover
discrimination arising on the grounq of being transsexual. Furthermore, as the ETD on this
issue had not been transposed into domestic legislation (the SDA), the time limit had not
begun to run.

Clare v Fairburn t/a The Old Rectory Nursing Home (1997 ET)

Ms Clare believed that she had not been selected for the job of care assistant after her
interview because she was a transsexual person. The respondents claimed she had been
rejected because of her lack of qualifications, experience and age and not because of being
transsexual. The tribunal accepted the reasons put forward by the respondents. Ms Clare's
claim was unsuccessful.

A v Chief Constable of the West Yorkshire Police [2004] 2 AllER 145

A underwent gender reassignment from male to female in 1996. In 1997 she applied to join
West Yorkshire Police. She made it clear from the outset that she was a transsexual person
and was told that, in accordance with the Force's equal opportunities policy, this would not be
a problem. She was invited to continue with her application and she successfully completed
the various selection tests. However, she was then informed that since her initial application
had been received; the issue of transsexual applicants had been further considered and a
decision had been made that transsexual people would not be appointed to the Force. The
Force argued that as a transsexual person, A would be unable to conduct intimate and body
searches of suspects, and could not therefore comply with the full range of policing functions.
(The Police and Criminal Evidence Act requires that suspects are searched by a police officer
of the same sex). The case reached the House of Lords who upheld a previous ruling by the
Court of Appeal that to refuse A's application was contrary to the Sex Discrimination Act.

INDIA: DECISION ON POLICE HARASSMENT:

Jayalakshmi vs The State of Tamil Nadu, 10 July, 2007, Madras High Court

The petitioner was the sister of a young transgender named Pandian, in Tamil Nadu, who was
being interrogated by the Police regarding a theft case. The Police officials took him to the
Police station for interrogation and he was then released on bail on condition that Pandian
would report to the Police station regularly. Pandian was sexually harassed and abused by the
Police personnel inside the police station every day. They even threatened Pandian against
disclosure of the sexual harassment.

Pandian later set himself on fire and after a few days succumbed to the injuries. In his dying
declaration, he stated that he was unable to bear the torture and pain so he had wanted to end
his life.

The Court ordered that:

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The State Government shall pay compensation of a sum ofRs.5 lakhs to the petitioner for the
harassment meted out to her brother Pandian.

The State Government was asked to initiate disciplinary action against respondents for the
treatment meted out to Pandian.

A BRIEF DESCRIPTION OF GENDER IDENTITY-RELATED LAWS IN OTHER

COUNTRIES (IN RELATION TO SEX CHANGE OPERATION, AND
FEMINISA TION PROCEDURES; AND PROCEDURES FOR CHANGING THE SEX
IN LEGAL DOCUMENTS)

Argentina 16 :

The law legally recognize self-perceived gender identity of the both male-to-female and
female-to-male trans* communities

The law acknowledge the rights of trans* communities tmder Article 11 to free "personal
development'- sex transition by surgical interventions and or hormonal treatment

The law allows le,gal minors to change their legal sex & name and undergo sex transition with
some additional legal requirements such as accompanied informed consent, authorization by
competent judicial authorities etc

The law permits self-identified trans* communities to change their legal sex (from male to
female or from female to male) and first name in birth certificate and national identity card
even before sex transition by straightaway applying to National Bureau of Vital Statistics.

In other words, surgical intervention and or hormonal treatment is not required for self-
identified trans* members to change their legal sex and name in official records. However, it
is not clear, if minimum attire of trans* communities are taken into consideration (in
practice).

Change in legal sex and name will not have implications in the existing legal entitlements to
rights and legal obligations.
..
UK- Gender Recognition Law 17 :

The law legally recognizes gender identity of trans* communities who· have gender
dysphoria, lived in 'acquired gender' for more than 2 years, and intends to live in the
'acquired gender' until death (within binary gender model. That is from male to female or,
from female to male)

16 [Link] also Legal

recognition of gender identity of transgender people in India: current situation and potential options, authored
by Venkatesan Chakrapani & Arvind Narrain, UNDP publication 2012.
17 [Link] Also 'Legal recognition of gender identity of

transgender people in india:current situation and potential options', authored by Venkatesan Chakrapani &
Arvind Narrain, UNDP publication 2012.

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Trans* communities can change their legal sex by sending an application along with requisite
documents (that includes medical certificate for gender dysphoria) to gender recognition
panel. After scrutinizing the documents/applications, the panel will provide full or interim
gender recognition certificate based on marital status of applicants (heterosexual marriage)

After getting full gender recognition· certificate, the person acquires for all purpose, the sex to
- .. which he or she has changed (marriage, child adaptation). However, there are some
restrictions levied to transsexuals relating to gender-affected sports and gender-specific
offences for exercising their rights in newly acquired sex.

It ensures confidentiality of information (former life/identity of trans*communities)

Change in legal sex does not affect parenthood, succession rights, and peerages

Change in legal sex has effect on marriage and social security benefits/pensions

Jersey -Gender Recognition (Jersey) Law 2009 18

The law legally recognize gender identity of the both male-to-female and female-to-male
transsexuals.

It allows transsexuals of 'full' age to change their legal sex and name by applying to the
Royal court for ·gender recognition certificate. After getting full gender recognition
certificate, relevant changes will be made in birth certificate and other official
records/registers. From there afterwards, the person acquires for all purpose in Jersey, the sex
to which he or she has changed (marriage, child adaptation).

However, there are some restrictions levied to transsexuals relating to gender-affected sports
and gender-specific offences for exercising their rights in newly acquired sex.

Transsexuals heterosexually married will not be given full gender recognition unless they
provide evidence of annulment/divorce/death of their spouse.

Transsexuals based in Jersey who have done SRS and marriage outside Jersey need to apply
for gender recognition certificate to get legal reoognition of their sex and marriage
respectively. It ensures confidentiality of information.

Change in legal sex does not affect parenthood and succession rights.

South Africa 19 - Alteration of Sex Description and Sex Status Act

The law allows a trans gender person to apply to the Department of Home Affairs to have the
'sex description' altered on their birth record. Once the birth record is altered they can be
issued with a new birth certificate and identity document, and are considered- "for all
purposes" to be of the new sex. The specific definition of gender reassignment in this Act

18 [Link] Gender Recognition (Jersey) Law 2009; also

Ibid.
19 [Link] aspects of transsexualism

Page I 27
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I
qcr
refers to reassigning a person's sex by changing physiological or other sexual characteristics,
and includes any part of such a process. Thus, the trans gender person is not required to have
had genital surgery in order to have the sex description altered.

Japan 20 - Act on Special Cases in Handling Gender for People with Gender
IdentityDisorder- with effect from 16 July 2004

The law enables transsexual people to change their legal sex. :Oespite the fact that sex
reassignment surgery and hormone replacement therapy are mandatory for a legal sex
change, it is not paid for by national health insurance.

Germany - The German Gender Recognition Act

The German Gender Recognition Act (Transsexual Act - Transsexuellengesetz) provides

regulations on the change of the civil status of a person concerning his or her gender. The so-
called "small solution" allows the transsexual person to change his/her first name (Sec. 1 .
Transsexual Act). The so-called "big solution" allows for the change of the gender status
(Sec. 8 Transsexual Act). In all cases, a judge decides on the change of the name and the
change of the gender status (Sec. 2 and 8 ofthe Transsexual Act).

The Transsexual Act is vastly criticized as it requires a psychiatric examination procedure,

requiring the transsexual to agree to be mentally ill. In addition to this, Sec. 8 of the
Transsexual Act provided that the change of the gender status required that the married
transsexual had to be divorced, and that the transsexual had to undergo a permanent
sterilization and a sex change surgery. The German Constitutional Court has declared the
prerequisites of Sec. 8 of the Transsexual Act are unconstitutional. In 2008 the judges
declared the requirement of a divorce (in order to avoid marriages between people of the
same sex) as void. It has been removed from the Transsexual Act. In 2011 the judges argued
that the juridical recognition of transsexual people may not be made conditional upon genital
surgeries. Thus, they declared the provision as inapplicable until such time as a new provision
comes into force 21 •

On the question of legal treatment of transgenders, the German legislation differentiates

between transsexual and intersexual persons. The opinion of the German Ethics Council
makes clear that intersexuality or the general term DSD (disorders or differences of sex
development) are variations of the anatomic appearance, in which t~e· hssignment of the
individual to the male or female sex is doubtful due to the internal and external genitals. The
term transsexuality has to be clearly differentiated from the terms DSD and intersexuality.
Transsexuality is typicaily existing when individuals note that their physical sex is polar to
their psychological sex. The German Ethics Council draws a clear dividing line between
intersexuality and transsexuality and thus confirms the opinion that there are two different
groups of people concerned: In contrast to transsexuality in which people concerned feel
related in the course of their lives to the other than their biological sex and in which the

20 [Link] aspects of transsexualism

21 ' ' '
[Link]

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fo<D
question of gender identity and gender role plays an important part, the term intersexuality
comprises a host of biological-somatic given ambiguities ofthe sexual characteristics, which
can exist already at birth. '·

In its legal evaluation the German Ethics Council arrives at the conclusion that intersexual
people have - also based on the constitution - a claim to registration of their personal legal
status of (different from male or female) belonging to a gender and sees changes in the
register of births as necessary. Consequently, the German Bundestag has put into force by 1
November 2013 the Law on the Amendment of Personal Registration Regulations (Personal
Registration Legislation-Amendment Law - PStRAndG). Based on the stipulations of the
Personal Registration Law (PStG) the birth register documents the gender of the child. Even
based on the former legal situation the registrar was in a position to leave the gender of a
child open in the birth register, if the child could not be associated to the male or female
gender. In registration practice, however, the gender was hardly left as unclear, since parents
and doctors usually agreed on a gender association based on the dominating sexual
characteristics. The new regulation in § 22, paragraph 3 PStG envisages that the personal case
without indication of the gender has to be entered in the birth register, if the child can neither
be associated to the female nor the male sex. Thus the legislator adopted the topic
"intersexuality" discussed by the German Ethics Council and clarified that the gender
indication remains open in the birth registration if it is not clear without doubt. The regulation
aims at relieving tlie parents from pressure to lay down a gender right after the birth of a child
and for that reason to have sex reassignment medical interventions done on the child too
soon. The fact that the registrar may leave the data field "sex" open in the birth register does
not lead to the introduction of a new gender category. In the entire 1egal order, especially in
the constitutional and civil right, only the genders male and female exist. The personal status
right as register right only reflects the family law position of a person as a kind of "mirror of
the family right". Regulations for registrar's entry cannot answer the questions resulting from
intersexuality for the marriage right and the other legal order.

France

France treats discrimination on grounds of transgenderism as a form of sexdiscrimination.

In France, hormonal treatment and/or surgery are required for gender reassignment.

The individual must demonstrate:

a) that (s)he has followed a medically supervised process of gender reassignment - often
restricted to certain state appointed doctors orinstitutions;

b) that (s)he has been rendered surgically irreversibly infertile (sterilisation), and/or

c) that (s)he has undergone other medical procedures, such as hormonal treatment.

France permits a 'post-operative transsexual' to marry a person of the sex opposite to their
acquired gender. Also, the name can be changed after medical health evaluation and/or
surgery, and/or hormonal treatment.

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/or
Transgender persons are defined as a distinctive "social group". They have the right to
change their civil status, first name and the sex stated on their birth certificate, but this right
does not appear in law, only in jurisprudence.

In 2009, France became the first country in the world to. declassify transsexualism as a mental
illness. Transsexualism is part of the ALD (31) and treatment is funded by Securite Sociale.
The French Senate voted unanimously in July 2012 to prohibit discrimination against
transgender people.

Some case laws on above points:

Transsexuals have the right to change the sex stated on their birth certificate. This right
appears in no law, but in jurisprudence. In 1992, France was found guilty by the European
Court of Human Rights on 25 March (B. v. France) of violating Article 8 of the European
Convention on Human Rights. Seized by a complaint by Miss B., a transsexual man who had
become a woman, The European Court found that French law, by requiring constant
revelation of her official sex, placed the complainant in a situation that was incompatible with
her right to privacy. Following this European verdict, the Plenary Assembly of the Court of
Cassation amended its jurisprudence relative to transsexualism. It now allows the birth
certificate to be amended after a sex change in the name of privacy rights: "the principle of
the right to privacy justifies that the civil status of the transsexual person indicate the sex he
or she appears to be" 22 . ·

Transsexuals also have the right to change their forename. Changing the sex stated in one's
civil status automatically gives one the right to change one's forename if one so wishes. Like
any person, a transsexual has the right to the respect of his or her family life, as protected by
article 8 of the E.C.H.R. He or she may marry in his or her new sex, a right which has never
been prohibited in France. Finally, a transsexual may be granted visiting rights to an ex
cohabiting partner's children23 •

..

22 11 December 1992, JCP 1993, II, 21991.

23 V. CA Aix-en-Provence, 12 March 2002.

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Chapter Four
Transgender identity ..
!f,iJ»]j~!IJ&~liM,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -...

A crucial issue for consideration is whether a transgender person should be

categorized as male or female depending on his/her choice, or a separate category of
third gender, namely, 'transgender' should be created.

2. The Committee referred several papers, laws and policies from around the
world in general, as well as to the paper submitted by l)r. Venkatesan Chakrapani and
Arvind Narrain to UNDP titled "Legal Recognition of Gender Identity ofTransgender
People in India: Current Situation and Potential Options" 1, in particular. In this paper,
the authors have proposed three options for consideration for gender identity of
transgender people in India:-

Option 1 -.'Legal recognition of gender identity of transgender people as women or

men

Option 2 - Legal recognition of gender identity of transgender people as separate

gender ('Third Gender' or 'Transgender')

Option 3 Legal recognition of gender identity of transgender people based on

their choice- women, men or a separate gender ('third gender' or 'transgender')

3. Parameters that can be considered for the above options have also been
provided by the authors and are listed in Appendix-4. The Committee considered the
pros and cons of each of the above options, as under:

Option 1 - Legal recognition of gender identity of transgender people as women or

!1W1

Merits:

Easy to implement

Protects privacy of the transgender persons

\ega I Recognition Of Gender Identity Of Transgender People In India: Current Situation and Potential Options,
authored by Venkatesan Chakrapani & Arvind Narrain, UNDP publication 2012.

Page I 31
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Demerits: l0 3
Doesn't provide an option to a person wanting to be seen as transgender

Transgender identity remains obscure as the document will not show it;
may pose problems in availing specific benefits designed for transgender
.persons; number oftransgender persons difficult to obtain

Cis women may not feel comfortable with trans women categorised as
women and share benefits exclusively for women, such as reservation in
local bodies

Option 2 -::- Legal recognition of gender identity of transgenqer people as separate

gender ('Third Gender' or 'Transgender')

Merits

Creates three distinct categories of 'male', 'female' and 'transgender' with

no overlapping- easy to implement

Demerits

Takes away the right of a person to choose his/her gender

Obscures the chosen gender identity oftransgender person

Option 3 - Legal recognition of gender identity of transgender ueopl~ based on

their choice- women, men or a separate
' ' .
gender ('third
. gender' or 'transgender')
.

Merits

Protects everyone's rights to choose gender

Easy tq implement

Demerits

Creates some confusion as some transgender persons will get registered as

men or women; the question will be how to take care o'fthem

Number oftransgender persons cannot be assessed

4. After considering the pros and cons of all options, the Expert Committee
recommends Option 3 to' be adopted in which a transgender person will have the

Page I 32
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(ot-t
choice to declare himself/herself as either man, woman or transgender. It was noted
that this model is a~eady being followed, in practice, by the Election Commission of
India and UIDAI. Even the RGI had followed this model during 2011 census.
However, the Committee recommends that only the nomenclature 'transgender'
should be used and nomenclatures like 'other' or 'others' should not be used.

5. The Committee next discussed the issue of certification of gender identity of

transgender people. The Committee, in this respect also examined the three options
suggested by the authors mentioned above, which are as follows(This can also include
a combination· of ·the options below - for example it can start with a self-identity
affidavit, and go on to a more formal 'gender recognition/change certificate' from a
government authority like aboard.):

A 'gender recognition certificate/document' by a government authority (e.g.,

similar to the panel constituted by Gender Recognition Act of UK or the Tamil
Nadu Aravani Welfare Board) that usually deploys a committee to endorse gender
identity.

A medical certificate from a doctor that states the current sex/gender of the
transgender person (this procedure is already being followed in some states of
India) . .This would be specifically for change of gender from man to woman or
woman to man.(Care will have to be taken to ensure that this is just one part of the
process, many in the community already have issues of denial, neglect and
discrimination at the hands of health care providers.)

A self-affidavit or self-endorsement of gender identity submitted via a proper

channel (e.g., similar to the process in Argentina or the UID or Aadhaar in India-
in which the person can self-declare as 'transgender'). This could be for persons
who want to identify as 'transgender' or other.(This could be the first part of the
process of gender change, we reinforce existing mechanisms and also integrate it
as a part of the change.)

6. It was noted that authors have suggested a simple model to be followed on the
lines of Argentina where a self-declaration by the person concerned is enough for
change of gender. It was felt that in the Indian context it would be appropriate to
follow the model suggested in the first option above in which the certification of
transgender identity should be done by an authority, similar to the one adopted by the
I
Tamil Nadu Government, wherein a transgender identity card is issued by the
Ara'vanis Welfare Board on the basis of the clearance given by the District Level
Screening Committee headed by District Magistrate/Collector and comprising Deputy
Director (HS), District Social Welfare Officer, psychologist/psychiatrist and a
representative of transgender community. The details of Tamil Nadu model are
provided in chapter ten. The Committee also recommended that Tamil Nadu model

Page I 33
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Jo~
may be adopted by other States, with suitable modifications compatible with their
conditions, in respect of the other measures taken by the Welfare Board in Tamil
Nadu. For example, the addition of a social worker in the Conunittee may be
considered by the State Governments. It is reconunended that the Screening
Committee should have two members from the transgender conununity. It is also
recommended that in place of the term 'medical exam', 'psycho social assessment'
will be used. Members of this Screening CoJ1i.II1ittee will be required to undergo
training/ orientation/ sensitization on the issue to enable sensitive functioning.
' .
7. The Conunittee further recommends that a third 'gender' identity known as
'transgender' may be recognized by a Government order and for the long run; it may
be examined whether a separate law will be desirable for this purpose. For this
purpose, Government may refer the matter to the Law Commission.

8. In sum, the Committee reconunends that:

i) A Trans gender person should have the option to identify as 'man',

'woman' or 'transgender' as well as have the right to choose any of the
options independent of surgery/ hormones. Only the nomenclature
'transgender' should be used and nomenclatures like 'other' or 'others'
should not be used.

ii) Certificate that a person is a transgender person should be issued by a

state level authority duly designated or constituted by respective the
State/UT on the lines of Tamil Nadu Aravanis Welfare Board, on the
recommendation of a District level Screening Committee headed by
the Collector/District Magistrate and comprising District Social
Welfare Officer, psychologist, psychiatrist, a social worker and two
representatives of transgender community and such other person or
official as the State Govt/UT Administration deems appropriate.

iii) The certificate issued as at (ii) above should be recognised and

acceptable to all authorities for indicating/changing the gender on
official documents like ration card, passport, birth certificate,
AADHAAR card, etc.

iv) The third 'gender' identity known as 'transgender: .may be recognized

by a Government order and for the long run;· it may be examined
whether a separate law will be desirable for this [Link] this
purpose, Government may refer the matter to the Law Commission.

Pagel 34
 [Link]

Chapter Five
Inclusive Approach
(,:ilfu'<U~-~~01WWtlfi:WWBlfttmniW\YiJ'ltJINA¥tll'Mi\[Link]~-~~ ~~~-; R r;Nm~t!ill![Link]~ iliiii1tU!LJ &t!~

" ..... we must keep in mind that growth must not only be rapid, it
must be inclusive and sustainable. The benefits of growth must
reach the SCs, STs, Minorities and other disadvantaged grpups
in our society...... "
Dr. Manmohan Singh, Prim_eMJf!ister1

Inclusion

The genesis of the problems of Transgender persons in India lie in the stigma and
discrimination they face in the society, resulting in their exclusion from socio-economic-
political spectrum. They are one among the marginalized sections of the society. The solution
of their problems will, therefore, require concerted efforts to mamstream them and adoption
of an inclusive approach in all spheres of life. The transgender community is one of the
disadvantaged groups and without their inclusion in the development efforts; the objective of
inclusive growth cannot be fully realised.

Meaning of Inclusiveness

2. According to the Twelfth Five Year Plan (20 12-17), mclusiveness means many
different things andeach aspect of inclusiveness poses its own challenges for policl. Different
facets of inclusiveness are inclusiveness as poverty reduction, inclusiveness as group
equality, inclusiveness as regional balance, inclusiveness and inequality, inclusiveness as
empowerment and inclusiveness through employment programmes. While all aspects are
important, inclusiveness as group equality and inclusiveness through employment
programmes assume special significance for transgender community. As per Twelfth Five
Year Plan (20 12-17), inclusiveness as group equalityis also about a growth process which is
seen to be 'fair' by different socio-economic groups thatconstitute our society. Inclusiveness
must also embrace the concern of other groups such as the Scheduled Castes (SCs),
Scheduled Tribes (STs), Other Backward Classes (OBCs), Minorities, the differently abled
and other marginalised groups 3 • Trans gender persons, being a marginalized group, should
be included in any effort to achieve inclusiveness as group equality. In so far as the
inclusiveness through empowerment is concerned, MGNREGA has been its plank during the
eleventh plan4 • This contmues to be important during the twelfth plan. Transgender persons

1Twelfth Five Year Plan (2012-17): Faster, More Inclusive & Sustainable Growth, Volume I, Foreword, page vi.
2 Ibid, page 5
3 lbid, page 6

4 ibid, page 7

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{0 1
living in rural areas may be brought in the ambit of MGNREGA. In urban areas, they need to
be brought in the ambit of National Urban Livelihood Mission (NULM).

3. The Twelfth plan document states: "To summarise, the Twelfth Plan must l;Jeguided
by a vision of India moving forward in a waythat would ensure a broad-based improvement
inliving standards of all sections of the people througha growth process which is faster than
~ - in the past, more inclusive and also more environmentally sustainable. " 5

Developing capabilities
I
4. The Twelfth Plan focuses on developing capabilities as it states " ......... , we focus on
the capabilities we need to develop to achieve the objective of faster, more inclusive and
sustainable growth. We first considerthe development of .human capabilities, whichare in
many ways the most important. Then we focus on institutional capabilities and the
development of infrastructure which is a general capability enhancer for all agents. Both the
Central and State Governments have a large role to play in developing these capabilities and
the Twelfth Plan at the Centraland State level should accord high importance to this effort. " 6

5. Development of human capabilities involve efforts towards improving life and

longevity, education, skill development, nutrition, health, drinking water and sanitation and
information technology. The Experts Committee is of the view that in all these efforts to
develop human capabilities, the needs of transgender persons should also be taken into
account. Significantly, the Twelfth Plan also states "The longer-term objective of Health
Policymust be the provision of Universal Health Care (UHC), whereby anyone who wants it
is assuredof access to a well-defined set of·health care entitlements." 7 This is a laudable
objective. It is expected that this will universalize health care in which transgender persons
will also be benefitted.

6. The Committee is of the view that inclusive approach should be the bedrock of
Government's strategy to mainstream the transgender Community. The Ministry of Social
Justice & EmpQwerment should take up with all concerned Ministries/Departments of
Government of India and State Governments to include development of transgender
community in their policies, programmes and schemes.

7. The Twelfth Five Year Plan (20 12-17); Social Sectors, Volume III has a section on
transgender communities as follows:

"23.71. The Twelfth Plan proposes. empowermentof the transgender community by

advocating thatline Ministries support their education, housing,access to healthcare, skill
development, employme~topportunities and financial assistance. Identification will be
provided for transgendered persons in all Government and non-Government records by
introducing a separate column to include the third gender. The Ministry of Social Justice and
Empowerment along with the Ministry of Statisticsand Programme Implementation will

5ibid, page 10 ..
6 ibid,page 10
7ibid, page 13

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to 73
determinethe number of transgendered persons in India, map their socio-economic status in
order to create a law ·to protect interests of the community and improve their living
conditions. ,s

8. In keeping with above intent, the Committee recommends to the Ministry of Social
Justice & Empowerment to seek convergence with other Ministries and their existing
schemes for a more targete~ and focused approach towards welfare of trans gender people, as
detailed in next Chapter Six; while considering an Umbrella Scheme for direct targeted
intervention in certain areas.

0 •

8Twelfth Five Year Plan (2012-17): Social Sectors, Volume Ill, Foreword, pages 176-77

Page I 37

·----~-~~----.~~·~---·
 [Link]

Chapter Six
Convergence Approach
oh':£c;(1![Link],;ftt011~~;;tuff.J&t~Jill~IW~~-!IJii£"M~~ ~

Various Ministries/Departments of the Government of India are implementing a

number of schemes which target a variety of beneficiaries. In most of such schemes,
special emphasis is given to cover the weaker sections of the society and other
disadvantaged groups. The Expert Committee is of the view that these schemes could
be effectively utilized for providing benefits to such transgender persons who are
eligible under those schemes. Some of such schemes/programmes are mentioned
below (this list is not exhaustive):

Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)

2. The Mahatma Gandhi National Rural Employment Guarantee Act

(MGNREGA) was a major initiative of the 11 thFive Year Plan period. This aims at
enhancing the livelihood security of people in rural areas by guaranteeing hundred
days of wage employment in a financial year to a rural household whose adult
members volunteer to do unskilled manual work 1• The implementing agencies of the
MGNREGA may be advised to provide employment opportunities under this Act to
such transgender. persons who are willing to do unskilled manual work.

National Rural Livelihoods Mission (NRLM) - AAJEEVIKA

3. As per the lih Five Year Plan [Link]: Economic Sectors, Volume-II, the
NRLM will emerge as the centerpiece oflndia's battle against the rural poverty. The
NRLM is to be implemented in a phased manner and in each phase select districts and
blocks which will be identified by each State for intensive implementation ofNRLM
activities. The range of activities under the given components of the Mission is 2 :

• Building institutions of the poor

• Promotion of financial inclusion
• Diversification and strengthening of the livelihoods ofthe poor
• Promotion of convergence and partnerships between institutions of the poor
and the government and non-government agencies
• Promotion uf skills and placement support
• Support for livelihoods and social innovations

1 http:[Link]/netnrega{[Link]
2 Twelfth Five Year Plan (2012-17): Economic Sectors, Volume II, page 297
..
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liD
4. It is recommended that the transgender community should also be considered
as a target group under the NRLM. Special SHG (Self Help Group) status may be
granted to the transgender community to help ease access to finances, services, etc.
Rules/ policies may also be relaxed in terms of numbers along with subsidies, loans.

National Social Assistance Programme (NSAP)

5. This is an important programme aimed at providing succour to senior citizens,

differently abled people and others who have suffered due to mishaps in life through
unconditional cash transfers. At present, NSAP comprise the Indira Gandhi National
Old Age Pension Scheme (IGNOAPS), the Annapurna Scheme and National Family
Benefit Scheme (NFBS), the Indira Gandhi National Widow Pension Scheme
(IGNWPS) and the Indira Gandhi National Disability Pension Sc.h~me (IGNDPS) 3 . It
is recommended that transgender persons who are 60 years and above should be
targeted under the Indira Gandhi National Old Age Pension Scheme.

National Urban Livelihood Mission (NULM)

6. An. important initiative of the Ministry of Housing and Urban Poverty

Alleviation is the National Urban Livelihood Mission (NULM). It aims to reduce
poverty and vulnerability of the urban poor households by enabling them access to
gainful self-employment and skilled wage employment opportunities, resulting in an
appreciable improvement in their livelihoods on a sustainable basis, through building
strong grassroots level institutions of the poor. The mission would aim at providing
shelters equipped with essential services to the urban homeless in a phased manner 4•

7. Majority of transgender persons are known to be living in urban areas. The

transgender community could tremendously benefit if the concerns of the transgender
persons are taken into account in the NULM Special SHG (Self Help Group) status
may be granted to the transgender community to help ease access to finances,
services, etc. Rules/ policies may also be relaxed in terms of numbers along with
subsidies, loans.

Healthcare facilities

8. The inclusive agenda for health enunciated in the lih Five Year Plan
document: Social Sectors, Volume III mentions that in order to ensure that all the
services in the 1ih Five Year Pian are provided with special attention to the needs of
marginalized sections of the population, the emphasis will inter alia be given to

3 ibid, page 313

4 [Link] Mission/NULM [Link]

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Ill
access to services. Under this, barriers to access would be recognized and overcome .
especially for the disadvantaged and people located far from facilities 5•

9. Keeping in line with the above, it is recommended that the Ministry of Health
and Family Welfare should issue an advisory to all concerned including the State
Governments and Union Territory Administrations to provide to transgender persons
easy access of healthcare facilities.

Rashtriya Swasthya BimaYojana (RSBY)

10. Rashtriya Swasthya Bima Yojana (RSBY) provides for 'cashless' smartcard
based health insurance cover of Rs.30,000 per annum to each enrolled family
comprising up to five individuals. The beneficiary family pays only Rs.30 per annum
as registr~tion/renewal fee. The Scheme inter alia covers hospitalization expenses
(out-patient expenses are not covered) and pre-existing diseases. A transport cost of
Rs.l 00 per visit is also paid 6. Different target groups have been added under RSBY
from time to time. The Committee recommends that transgender persons should also
be covered under RSBY. Since the Scheme is implemented on the basis offamily, the
coverage ~auld be provided either to a group of five transgender persons, or
alternatively, coverage of Rs. 6, 000 per annum could be provided to each transgender
person on payment of Rs. 6 per annum as registration/renewal fee. The first model
would be administratively more convenient for implementation.

National Health Mission (NHM)

11. As mentioned in the lih Five Year Plan document: Social Sectors, Volume
III, the gains of flagship programme of National Rural Health Mission (NRHM) will
be strengthened under the umbrella of National Health Mission (NHM) which will
have universal coverage. While the focus on covering rural areas and rural population
will continue, a major component of NHM is proposed to be a Scheme for providing
primary healthcare to the urban poor, particularly those residing in slums 7 . The
Committee recommends that the concerns of transgender community should be
adequately taken care of under the NHM.

Education

12. Education is the most important lever for social, economic and political
transformation 8 . The need for proper education of trans gender children cannot be
over-emphasized. The integration of transgender children in the Sarva Shiksha

5 Twelfth Five Year Plan (2012-17): Social Sectors, Volume Ill, page 10
6 ibid, page 20 ·
7 ibid, page 26
8 ibid, page 47

Page I 40
..
 [Link]

} 12-
Abhiyan (SSA) and Right to Education Act would go a long way in addressing the
education issues of transgender conununity. The real empowerment of transgender
persons will happen when an enabling environment is created in which the
transgender children are not pushed out of the education system, but well-integrated
into the system through measures that have been detailed in a chapter eight.

National Policy on Skill Development, 2009

13. The National Policy on Skill Development formulated in 2009 envisions

empowering all individuals through improved skills, knowledge and nationally and
internationally recognized qualification to gain access to decent employment and
ensure India's competitiveness in the global market 9 .

14. The Policy presently does not include transgender persons among the target
groups in the chapter on skill development for the unorganized sector 10 . As the 1zth
Plan document proposes empowerment of trans gender conununity by advocating that
line Ministries support their education, housing, access to healthcare, skill
development etc., it is recommended that the transgender persons may be specifically
mentioned in the said National Policy as one of the target groups in the chapter on
skill develof?ment for the unorganized sector.

15. The National Skill Development Agency (NSDA) may include transgender
persons in its mandate 11 , where it talks of skilling needs of marginalized groups like
SCs, STs, OBCs, minorities, women and differently abled persons.

Indira A was Yojana

16. Housing is an important need of the transgender persons. The Committee

notes that transgender persons are included as a priority in selection of beneficiaries in
para 4.1 [Link] guidelines 12 • The Committee recommends that this should be widely
publicized so that maximum number of transgender persons could be benefitted.
Tamil Nadu Government has assisted a number oftransgender persons under lAY.

17. Government may also relax norms for transgender persons, wherever required,
in various progranunes/schemes cited above.

9 ibid, page 142

10 [Link] page 28
11 [Link] . .
12 [Link] [Link]/netiay/more [Link]

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Chapter Seven
Addressing Stigma, Discrimination and
Violence faced by Trans gender People 1
·-·-----------------------------------------------------------------
Introduction

Despite a pre-colonial heritage that recognized

Stigma against transgender people refers
and celebrated gender diversity in temple
to devaluing of transgender-identified or
sculptures, mythology and religious treatises 4,
gender non-conforming people, and
transgender people in India, today, face negative attitudes toward and lower levels
intolerance, stigma, discrimination and of status accorded to non-cis-gender
violence. Human rights violations against identified people and communities.
transgender people pervade families,
educational institutions, workplaces, Discrimination: "an action that treats
people unfairly because of their
institutions such as law-enforcement,
membership in a particular social group." 2
healthcare, media, and society at large.
Violence: "the intentional use of physical
Stigma, discrimination and violence stem
force or power, threatened or actual, against
from intolerance of lives that transgress binary oneself, another person, or against a group
gender norms and expression, and threaten the or community, that either results in or has a
gendered power relations of patriarchy. high likelihood of resulting in injury, death,
psychological harm, mal development, or
In this chapter, the authors 1 describe the deprivation. "3
nature of stigma, discrimination and violence
experienced by transgender individuals through their life-courses\ and suggest interpersonal
and structural interventions needed to address these.

Children and Adolescents

While most transgender individuals behave in ways that do not conform to expected gender
roles during childhood, not all gender-nonconforming children grow into a transgender

1 Drafted
by Dr. ArchanaDassi and Dr. L. Ramakrishnan with assistance from Mr. Sunil Mohan and other
members of the expert committee. Thanks to Dr. KaveriRajaraman, Mr. Gee Ameena Suleiman, and Mr.
Thaddeus Alfonso for valuable suggestions

2 United Nations Cyberschoolbus.[Link] 8 ud [Link]

3 Krug
EG, LL Dahlberg, JA Mercy, AB Zwi and R [Link]. [Link] report on violence and health.
Geneva, World Health Organization
4 Kalra,
G. 2012. Hijras: the unique transgender culture of India. International Journal of Culture and Mental
Health 5(2). 121-126.

5Eider GH, MK Johnson and R Crosnoe. 2003. The Emergence and Development of Life Course Theory. In:
Jeylan T. Mortimer and Michael J. Shanahan (ed.). Handbook of the Life Course. Springer, ISBN 0-306-47498-0,
pp. 3-19. '

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l\'1
identity. However, gender-nonconforming children are subjected to harassment and violence
at home and schools 6, regardless of whether they consider themselves transgender as adults.
Hence the authors use the term 'transgender and gender non-conforming' while referring to
children in this chapter.

Most families do 'not accept gender-nonconforming behavior in their children, which may
manifest as early as three to five years of age. For many parents, the news that their child is
transgender or gender non-conforming can bring an array of emotions along with it: some
feel sad, fearful and disappointed while others feel shocked, angry and upset. Very few are
willing to support their loved ones without trying to make them change 7 •

Parents may threaten, scold or even assault their male child for behaving in ways considered
girlish or feminine, and their female child for behaving like a boy. They may have several
reasons for doing so: fear th,at a gender-nonconforming child will bring disgrace and shame to
the family, apprehension that their child will not marry, perpetuate the family line and/or
discharge family responsibilities. This ostracism within families often continues across the
lifespan of such children. Gender non-conformity both among PAGFBs and PAGMBs often
leads to violence and a range of corrective measures from families as well as extended
networks including neighborhood, school etc. These measures also tend to•be gendered. For
instance, corrective rape of PAGFBs by family members to convert/cure gender and sexual
non-conformity; this may lead to (in addition to severe psychological trauma) unwanted
pregnancies, infections and injuries. Another example of violence inflicted by family
members, especially among middle class urban families is seeking services of quacks and
mental health professionals to force .cure on their child. Forced marriage is again common for
both PAGFBs and PAGMBs. Transgender and gender-nonconforming youth are sometimes
expelled from the family, or run away unable to bear the taunts and violence. 8

Puberty is a difficult time for all trans gender persons, but differently so for PAGFBs as
puberty and attaining menarche is marked by rituals and celebrations in most communities;
however it is a time of heightened distress for the Trans-P AGFB. With puberty, in most
communities there is increased surveillance and decreased mobility for most PAGFBs. Thus
even when a trans-PAGFB or trans man may want to leave their natal home and migrate to a
bigger city, which lends anonymity and where the person may want to live out freely as a
trans-man (a common narrative among trans-women/hijras), the families of PAGFBs are
more likely to pursue this with the police and neighborhood or extended family networks and
bring the person back home. After all it is seen as an issue of family 'izzat' if the 'daughter'
of the family runs away. This puts major restrictions on spaces where Trans-PAGFBs can
express their gender non-conformity.

6 Roberts, AL, M Rosario, HL Corliss, KC Koenen and SB Austin. 2012. Childhood Gender Nonconformity: A Risk
Indicator for Childhood Abuse and Posttraumatic Stress in Youth. Pediatrics.
[Link]
7Chakrapani, V. &Phall, P. (2011 ). Family Acceptance Among self-dentified men who have sex with men (MSM)

and Transgender people in India, Family Planning Association of India (FPAI): Mumbai
8 UNDP (2013). Transgender Health and Human Rights, Discussion Paper. Available at: [Link]

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[Link]

11~
Anxious parents attribute gender-nonconformity in children to a variety of causes including
mental illness, sexual abuse, confusion, rebellion or poor socialization. Believing that the best
way to help their children thrive as adults is to help them try to fit in with their gender-
normative peers, seek to make their children conform to their gender assigned at birth
through abuse, bullying, threats and medical "treatment". It is understandable that parents
fear the consequences of non-conforming to the child's ability to exist and thrive in society.
However, attempts to change or force his/her gender expression to conform are futile,
unethical and contrary to findings from established science around gender identity
developmene. Further, these reactions undermine the self-esteem and sense of self-worth of
gender-nonconforming and transgender children.

Stigmatization of gender-nonconforming and transgender children and youth is amplified in

the educational system, which mirrors the rest of society in reinforcing strictly binary and
patriarchal gender norms. A study done with 50 queer identified P AGFBs in Mumbai reveals
that school uniform, certain kinds of sports and a few school subjects, choice of which is
gendered, for instance bakery or cooking for girls and carpentry for boys; are sources of
immense stress for several Trans-PAGFBs 10 . Classmates and teachers alike bully, taunt and
harass gender nonconforming children. Extensive evidence suggests that gender-
nonconforming children are at higher risk of sexual abuse. 11

A recent study 12 that followed gender-nonconforming children through a period of 11 years

showed that gender nonconformity strongly predicted depressive symptoms beginning in
adolescence, and that physical and emotional bullying and abuse, both inside and outside the
home, accounted for much of this increased risk.

Absence of a supportive family and a hostile or abusive peers and school environment are the
reasons many gender-nonconforming children drop out of the educational system entirely,
foreclosing opportunities for gainful employment during adulthood. The traditional hijra
jamaat system offers space for transgender and gender-nonconforming children assigned
male at birth, and may offer income through limited avenues such as seeking alms, blessing
married couples and newborn children, and/or sex work. An equivalent to the hijra jamaat
system does not exist for those who are assigned female at birth. Absence of such an alternate
support system, in addition to the limited mobility and patriarchal subjugation, are reasons for
the relative invisibility ofFtM transgender people.

9Halim ML, DN Ruble, CS Tamis-Lemonda, KM Zosuls, LE Lurye, FK Greulich. Pink Frilly Dresses and the
Avoidance of All Things "Girly": Children's Appearance Rigidity and Cognitive Theories of Gender
[Link] Psycho!. 2013 Nov 25.
10 Nevatia, S., Raj, Mahajan, S., Shah, C. (2012). Bound by Norms and Out of Bounds: Experiences of PAGFB
within the formal education system, Contemporary Education Dialogue, 9 (2), 173-96

11 Chakrapani, V. &Dhall, P. (2011 ). Family Acceptance Among self-dentified men who have sex with men (MSM)

and Transgender people in India, Family Planning Association of India (FPAI): Mumbai
12 Roberts AL, M. Rosario, N Slopen, JP Calzo, SB Austin. 2013. Childhood gender nonconformity, bullying

victimization, and depressive symptoms across adolescence and early adulthood: an 11-year longitudinal study.
JAm Acad Child Adolesc Psychiatry. 2013 Feb;52(2):143-52.

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116
Addressing stigma, discrimination and violence against gender-nonconforming and
transgender children and adolescents:

Families: Awareness and information are needed for parents to support their gender-
nonconforming or transgender children, setting aside their discomfort and deeply held
normative attitudes. Such information could be made available in health settings (pediatrics,
child development specialties), as well as through educational institutions. Parents and
siblings should be alert to the risk of the children facing bullying and other violence outside
the home - in the extended family, at schools, on the playground, and support them
accordingly. They also need to take cognizance of the escalation in stress faced by a gender-
nonconforming or transgender child as he/she grows into adolescence and experience~
dysphoria when he/she develops secondary sexual characteristics at odds with his/her sense
of gendered self.

Counseling and other mental health services that affirm the child's gender identity are needed
for the children and their parents alike. The model of parents' support groups facilitated by
the Center for Counselling in Chennai and Swabhava in Bangalore may be examined for
replication by government and civil society groups working for transgender welfare. Support
groups help parents to (i) overcome misconceptions, understand the difference between sex,
sexuality, gender, and intersex variations (ii) realize that they, as parents, are not alone (iii)
that their children'.s gender-nonconformity is not the result of bad parenting (iv) be able to
work through their negative feelings of anger, disbelief, shock, or disappointment in a safe
space. Additionally, existing forums such as the Anganwadi Centres and Self-Help Groups
may be oriented on transgender issues, and involved in providing information to parents of
gender-nonconforming youth.

Besides a supportive family envitonment, gender-conforming and transgender youth need

counseling and support for their self-stigma, and for coping with the trauma of violence and
abuse. Such support could be made available in schools, through various child-welfare
services, and through youth and suicide hotlines.

Educational institutions: Awareness of gender diversity and the need to safeguard

transgender youth from hostile school environments is a dire need. Orinam, a support and
advocacy group for transgender and other sexual/gender minority groups (collectively
referred to as lesbian, gay, bisexual and transgender) in Chennai has recommended 13 certain
interventions in schools and colleges. The recommended interventions include formation of
groups of transgerider children for meetings, holding film screenings, setting up of resource
centre, augmenting libraries with books and audio-visual materials on transgender issues,
holding periodical sensitization events, and adopting policies for preventing sexual
harassment and bullying of trans gender children. Some schools in Tamil Nadu have initiated

13 0rinam. 2009. Resources for Educational Institutions. Online at [Link]

institutions/ · .

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[Link]

ll?-
efforts in this direction by inviting trans gender spokespersons 14
and counselors to educate
their students and staff. The Committee reconnnends that these recommendations may be
studied by Governments and suitably adopted for creating a conducive environment for
transgender childre11 in educational institutions.

Healthcare: Interventions to reduce discrimination against transgender persons in the

healthcare system have been described in Chapter 10, and are summarized in the Table of
Interventions appended to this chapter. The authors emphasize here the need to prevent
physical and psychological violence inflicted on gender-nonconforming and transgender
children and adolescents through conversion therapy attempts such as electric shock
treatment.

Shelter and Residence: While it is imperative that every effort be made to provide gender-
nonconforming and transgender children safe residence within their natal homes, there is a
need to ensure that short-stay homes, orphanages, adoption and fostering services are
sensitive to the needs and concerns of such children. Those who have run away or been
abandoned by their families need to be considered by the Juvenile Justice (Care and
Protection of Children) Act and efforts made to ensure safe shelter for them, as well as
sensitization of the caregivers in the facilities.

Transgender Adults

Stigma, discdmination and violence against gender-nonconforming and transgender children

I

in families and school systems, are further compounded by economic marginalization. There
is a perception that laws have been formulated in a binary framework and do not
acknowledge their existence either as a third gender or as people whose gender identity is the
opposite of that assigned at birth. This gives an impression that they have no legal protect~on
and because of this, transgender adults are vulnerable to violence and discrimination from a
range of institutional structures 15• 16•17 •18 •

Transgender adults who remain within their families are also subjected to "curative" attempts
by family members, who seek to rid them of their non-conforming behavior by aversion

14 Menon, P. 2013. Tamil Nadu schools begin gender identity sessions. Times News Network. NN Nov 29,2013.
Online at http:/[Link]/2013-11-29/news/445741 03_1_gender-identity-sessions-
students

15 UNDP. 2013. Discussion Paper : Transgender Health and Human Rights. UNDP HIV, Health and

Development Group

16 Peoples' Union for Civil Liberties, Karnataka. 2003. Human Rights Violations against Transgender Community,

A study of kothi and hijra sex workers in Bangalore, India September 2003
17 Moran,Land A S~arpe. 2004. Violence, identity and policing: The case of violence against transgender people.
Criminal Justice.4( 4), 395-417.

18 Rhonda, JF and DR Esther. 2007. A Study of Transgender Adults and Their Non-Transgender Siblings on
Demographic Characteristics, Social Support, and Experiences of Violence, Journal of LGBT Health Research,
Vol. 3(3) 2007

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 > -• '--'"'·' • 'h.• \.-.'--~-•< •'!!;::'.:.f;,t:-.·:~.QI!,;K:.,-.~·k~!!o."-~:-•;c-.,.,;.r-~.; .'-" "~~,-:: l't:..<.i '"::.;c.:·.

[Link]

/{6
therapies, or by forcing them to get married. They are also often denied their share of the
family property.

Those transgender individuals who manage to survive the hostility they encounter as children
and youth, find their employment opportunities as to be curtailed, both by the limited formal
education many have had, and by stigma and discrimination in recruitment practices of many
employers, as well as hostility in most workplaces, absence of gender-appropriate rest rooms,
etc.. This leaves many MtF transgender people, especially those from working class
backgrounds, with no alternative but begging and sex work. Both MtF and FtM trans gender
individuals also have to contend with sexual harassment in the workplace, across both formal
and informal sectors 19 •

The discrimination inherent in institutions whose policies and systems ret1ect a binary-
gendered worldview prevents transgender people for applying to social welfare schemes,
writing competitive exams, and seeking employment. Fear of being stigmatized or
discriminated against, also causes many individuals to avoid processes (such as scheme
applications) that may require an identity verification and disclosure of their transgender
status.

Sometimes, excessive powers given to the Police under laws provide scope for harassment
and abuse. An amendment made in the Karnataka Police Act, 1963 on 26.04.2011 [by Act 26
of 2011] through insertion of Section 36A gives powers to the Commissioner to order
preparation and maintenance of a register of names and places of residence of all MtF
transgender persons residing in the area under his charge and who are :eaSonably suspected
of kidnapping or emasculating boys or of committing unnatural offences or any other
offences or abetting the commission of such offences, and prohibit them from doing such
activities as may be stated in the order.

Many cases of human rights violations by police have been reported from time to time across
the country. There is no systematic research done on the subject of trans gender persons and
violence, often the only reports are those few that reach the media. A case in recent memory
was that of Pandian/Pandiammal, a transgender person who was repeatedly and brutally
sexually abused by the police in Chennai, leading her to immolate herself in front of the
police station. In a 2007 ruling 20 , Chief Justice AP Shah and Justice P Jyothimani ordered the
Government ofTamil Nadu to provide compensation to the next ofkin.

Our societal discomfort with transgenderism has rendered transgender victims of sexual
assault, and dome~tic violence without necessary services. Rape Crisis Intervention Centers
and domestic violence shelters are unprepared to address the issues of transgender people.
Medical personnel, criminal justice and the legal systems often re-traumatize victims. The

19 Rebello-Fernandes. 2013. The Booby Trap. Times News [Link] Jun 2, 2013. Online at
htlp://[Link]/2013-06-02/deep-focus/396906~4
1 [Link]-gender-mastectomy

20 Shah,
AP and P. Jyothmani. 2007. Jayalakshmi vs. Government of Tamil Nadu. Common judgement, Madras
High Court. Online at http:/[Link]/doc/1373799/

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complexity of issues facing the transgender person who is [Link] assaulted can only be
addressed by broad changes in the delivery system and extensive education regarding the
needs ofthis community.

The right to security includes the right to protection by the State against violence or bodily
harm, whether inflicted by government officials or by any individual or group. In 2011, the .
United Nations High Commissioner for Human Rights, Navanethem Pillay, said that while
racism, xenophobia and sexism have been condemned by many countries, issues like
"transphobia are too often overlooked." "History shows us the terrible human price of
discrimination and prejudice. No one is entitled to treat a group of people as less valuable,
less deserving or less worthy of respect," she said, while calling on States to address the
issue 21 .

In the absence of State protection, many trans gender people will not report such human rights
violations.

Addressing stigma, discrimination and violence against transgender adults

In addition to the recommendations previously made for transgender children, their families,
educational institutions, and healthcare systems, the following measures are suggested to
address stigma, discrimination and violence against trans gender adults.

Workplace: In consultation with community groups and human resource professionals

experienced in the area of Diversity and Inclusion, workplaces in public and private sector
need to sensitize employers and employees on issues of transgender persons. Anti-
discrimination policies must be instituted and meaningfully applied to the processes of hiring,
retention, promotion, and employee benefits. Workplace sexual harassment policies should
be made transgender-inclusive.

Law and Law Enforcement: Cases of violations of human rights of Transgender persons
have been highlighted in the media and brought to the notice of Courts, although no separate
data is maintained by the National Crime Record Bureau (NCRB). Further, there has been no
empirical evidence or study of systemic bias or discriminatory attitude in law enforcement
agencies against Transgender persons. The incidents of atrocities and harassment by police
occur mainly due to lack of proper knowledge of applicable legislations and sensitization in
police. There is a need for training and sensitization of police on transgender issues on the
lines of training and sensitization done for treatment of issues related to Women, Children
and other vulnerable sections of society. The legal and law-enforcement systems need to be
sensitized on issues oftransgender people and be empowered to take actions such as:

(i) Criminal and disciplinary action against delinquent police official in cases of
violations of human rights [Link] persons .

21
.
UN News centre: Homophobic hate crimes on the rise, UN human rights chief warns:.
http :fLwww. un. org/a pps/n ews/story. asp ?News I 0=38406& Cr=pillay& Crl=#. UttsZpvhXsO

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f2-0
(ii) Taking action against parents who neglect or abuse their gender-
nonconforming or transgender children and against doctors who practice
electro-shock or other kinds of unethical "conversion" therapy.
(iii) Making free legal aid available to transgender individuals seeking redress
against discrimination and violence.

Taking into account of the difficulties faced by transgender people in securing

their legal right to live with dignity, N ALSA 22 has taken· steps to provide legal
services to such persons by way of a~ innovative and diversified programme.
NALSA felt that the first step in this regard is to create awareness amongst the
other people about the rights of transgenders to live with dignity as human
beings and citizens. As a flrst step in this direction a Conference was
organised in Chennai on 14th August, 2010. Hon'ble Executive Chairman,
NALSA has directed the State Authorities to organize similar awareness
programmes throughout the country. The State of Haryana and many others
have included transgender people as persons eligible for free legal services, in
their Rules.

(iv) Where transgender individuals need to be incarcerated, care must be taken to

ensure they are not in circumstances where they are vulnerable to sexual
assault.
(v) Sexual assault, sexual harassment and domestic violence laws must be made
transgender-inclusive. Presently, Section 375 of IPC, as amended doesn't
cover the trans gender persons as victims of sexual assault (only cis women can
be the victims of sexual assault). Alongside Section 375, another section
should be included to cover the cases of sexual assault on trans gender persons.
(vi) Slurs based on real or perceived gender identity may be included in Section
153A of the Indian Penal Code. ·
(vii) Bureau of Police Research & Training (BPR&D) may undertake a study on
crime against transgender persons, including alleged excesses by Police, with
a view to investigate their causes and suggest preventive measures.
(viii) National Crime Records Bureau may, from now on, collect and compile
statistics of crime against transgender persons, as also about cases registered
against them as accused.

For the long run, the possibility of a law to prevent discrimination and atrocities may be
considered.

Social Welfare: Policy and institutional reforms that enable access to social protection
schemes, targeting the poor and other at-risk groups, must be made transgender inclusive.

Community strengthening and involvement: The capacity of community organizations to

monitor, document and respond to discrimination and human rights violations must be
strengthened. Training in legal literacy, and public speaking for advocacy are needed.

22 l!!1P_:l/na![Link]/; NALSA newsletter Voll, April-November 2010.

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Transgender representation in dialogues around social and legal protection, policy and legal
reform, and public sensitization is necessary.

Housing: Given the poverty experienced by many transgender people, and discrimination
encountered in finding housing, it is imperative that the Ministries of Rural Development and
that of Housing and Urban Poverty Alleviation ensure that housing assistance schemes help
transgender people to obtain non-discriminatory and safe housing.

Media and Society~ Transgender human rights issues must be highlighted in the media and
other public forums so as to improve public awareness, and increase trans gender people's
ability to realize those rights. Stigmatizing coverage in the media must be curbed.

Elderly Transgender People

The concerns of senior citizens who are transgender have received limited attention. Besides,
the issues affecting transgender adults, senior citizens are likely to be further impoverished
because of limited work opportunities, and discrimination in housing because of destitute
status. It was informed that discrimination continues in the transgender's life well after death
with burial grounds or crematoriums refuse access or the use of the facilities due to
transgender status.

There is a need ~or pension scheme for elderly transgender people regardless of gender
assigned at birth, adopting a model such as that available for MtF transgender people in
Tamil Nadu 23 , as well as non-discriminatory and affordable housing schemes.

23 Times News Network. 2012. Transgenders to get Rs 1,000 monthly pension

Times News Network, Aug 2, 2012, 07.25AM ISThltp://[Link]/2012-08-

02/chennai/33000445_1_transgenders-sahodari-foundation-kalki-subramaniam

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Chapter Eight
Exploring Education and Employment
,..- Opportunities for Transgender Persons
![Link]..~-}i,;,;ljg~~f~~~~~i!il - i'Q!I!Will\~

Background and Rationale

The trans gender community is a highly marginalized and vulnerable 1 one and is
seriously lagging behind on human development indices mainly in the area of education and
employment. Majority of this community is either not educated or less educated due to which
they are not able to participate fully in social, cultural, political and economic activities.
There are many factors responsible for the low level of education ofthis community but main
reasons are exclusion from family/society, poverty, social stigma 2 and discrimination3 ,
insensitive attittJde of teachers/staff, violence and sexual abuse.

2. The Committee after discussing the paper (Appendix-5) prepared by its authors
suggests the following approaches for mainstreaming the transgender persons and help them
to provide better opportunities for education and employment:

Access to Education: Key Barriers

3. Following factors appear to deny adequate education and employment opportunities

to transgender persons. They are:

High level of stigma and physical, sexual, emotional violence le~dii1g to most ofthem
dropping out of their studies

Exclusion from family and society

Insensitivity ofthe teachers and fellow students towards them

High dropout rate and low average of school years

1 From Wikipedia, free encyclopedia for the channel 4 documentary about voluntary eunuchs, see Eunuchs
(Channe14 Documentary)
2 Terminology guidelines, UN AIDS (October 2011, page 27) define stigma as dynamic process of devaluation that

significantly discredits an individual in the eyes of others. Within particular cultures or settings, certain attributes are seized
upon and defined by others as discreditable or unworthy. When stigma is acted upon, the result is discrimination that may
take the form of actions or omissions
3 Terminology guidelines, UN AIDS (October 2011, page 27) :Discrimination refers to any form of arbitrary distinction,

exclusion, or restriction affecting a person, usually but not only by virtue of an inherent personal characteristic or percei v'ed
belonging to a pmticular group
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Low level of education either push them to other occupations like sex work making
them more vulnerable to HIV/STI, or force them to take sub optimal jobs like
begging.

Social structure oftransgender community

Lack of skill based education opportunity

Suggested Approach to Mainstream with Education System

4. There is an urgent need for addressing the community's concerns in education sector
in a holistic way that implies giving attention to Access 4, Equitl, Enabling Environment6
and Employment. Addressing stigma and discrimination at. early stage will help in bringing
transgender children to school and retaining them upto the higher level. The following
strategies can be considered:

• Ensure equal access to educational opportunities at all levels without stigma and
discrimination: Affirmative actions are needed to reduce stigma and discrimination associated
with the community. Schools and colleges need to play a supportive role in such instances.
There has to be proper sensitization of society in general and particularly parents, teachers
and students.

The fulfillment of the obligations under Right to Education (RTE) 7 Act is critical for
the improvements in the educational conditions of trans gender community.

Enhance understanding on transgender issue: Better understanding of socio-cultural

and human rights aspects would help in attitudinal shift towards the transgender community.
I
Dropout of transgender persons from schools - not by choice but by force: Dropout
has to be seen from different perspective. The transgender persons do not dropout from
schools not by choice but by force due to acute discrimination and abuse. The perception of
dropout may require review and reform of structural constraints, legal procedures and
policies that impede access to mainstream education.

Ensure safety oftransgender children in educational institutions: Transgender children

face physical, mental and emotional violence forcing them to leave. Proper mechanism has to
be evolved to ensure their safety. This also requires fixing the responsibility.

4 Accessibility indicates that the educational system is non- discriminatory and accessible to all, and that positive steps are
taken to include the transgender persons.
5 Equity looks into the dimensions of disadvantage, social exclusion, gender disparity, and special needs for marginalized

section like Trans gender persons and other neglected groups. It focuses on gaps in enrolment, infrastructural provisioning,
management, and governance issues social groups (teachers, StUdents), training, motivation and so on.
6 Enabling Environment refers to supportive environment that hannonize policies with laws, reduce harassment, violence,

stigma, remove structural barriers to the use of services.

7 [Link]

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Sensitization towards transgender community should be an integral part of student
counselling at schools. The transgender persons also feel that their student community should
be given adequate opportunity to interact with trained counsellors as they undergo a lot of
gender dilemmas.

Contents on transgender can be included in the curriculum of adolescent education in

schools to sensitize children. This can become an effective step to address the
stigma/discrimination at schools.

Activities organized at schools to be inclusive to ensure participation of all children.

This will enable other ·children to understand better and give space for the transgender
children in their friendship. School Management. Committee (SMC) 8 members in their
training programmes should include separate sessions on the issues/challenges faced by
transgender. SMC members should also talk to community members to create greater
awareness.

Mainstre(\ming oftransgender persons can also be done by institutions and individuals

working in the education sector, particularly NGOs and activists through advocacy and
capacity building.

Review the existing schemes (Education and Training): Educational and training
schemes/programmes like Sarva Shiksha Abhiyan 9 (SSA), Rashtriya Madhyamik Shiksha
Abhiyan (RMSA) 10 , Jan Shikshan Sansthan (JSS) 11 at various levels i.e. primary, secondary
and senior level need to be reviewed to include the concerns of transgender persons. M/o
Human Resource Development (MHRD) may take up this with the States. MHRD through
National Council for Tea9her Education 12 may take up sensitization of teachers through a
series oftraining programmes for which a separate module can be prepared. Since SSA is a
vehicle for implementation of RTE Act, as per the mandate all children 6-14 years of age
have a right to education. States can include transgender children among disadvantaged group
so that they are also admitted in private schools under section 12(1) (c) of the RTE Act.
0 0

There is a need to harmonize different schemes available for children to make them
suitable and accessible to transgender children. The Juvenile Justice Act (JJA) 13 should also
address the concerns .oftransgender children and should be suitably modified/amended.

Development of community friendly customized pedagogy for skill based learning:

Vocational skill development training should be provided to the community for introduction
of new skills or providing additional skills for those who have skill in a particular vocation
which can enable them to look for better job opportunities and economic empowerment. The

8 The constitution of a School Management Committee (SMC) is an important provision of the RTE Act. SMA aims to
improve the monitoring and management of schools.
9 [Link]
10 [Link]
11 [Link]
12 [Link]
13 [Link]/childprot/[Link]
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..
/2-5
tailor-made skill base~ [Link] programmes need to be developed with the help of Jan
Shikshan Sansthans, National Skill Development Agency (NSDA) 14 and lifelong learning
programmes 15 of universities and colleges.

Financial incentives/scholarship for the transgender persons: Government should

provide scholarship/entitlements, fee-waiver, free textbooks, free hostel accommodation and
other facilities at subsidized rates for students belonging to this group.

Establishment of anti-discrimination cell: All the educational institutions/universities

should establish an anti-discrimination cell to monitor any form of discrimination/harassment
against the transgender students.

Create an enabling environment: There is a need to work closely with community and
different school b~sed committees like School Management Committee (SMC), village
management committee as recommended under the RTE Act.

Section 317 of the IPC: Abandonment of child is a punishable offence under Section
317 of the IPC if the child is abandoned under the age of twelve years. However, the
abandonment of transgender children takes place usually between the age of twelve &
eighteen years. The Ministry of Home Affairs (MHA) may be requested to consider
enhancing the age of child for this offence to eighteen years.

Research: Generate more data/information to identify and understand the problems

related to various aspects of their life and help frame policies through research and academic
programme that would bring an effective and long-term change in their lives.

Improving Employment opportunities for transgender community

5. The interrupted education and social exclusion further limits the employment and
livelihood opportunities for transgender community. There are several factors responsible for
their economic deprivation which are as under:

Access to Emfloyment: Key Barriers

Exclusion from Family and Society

Stigma and Discrimination at work place 16

Lack ofknowledge and training in vocational skill development

14 NSDA is an autonomous body to coordinate and harmonize the skill development efl:brts of the Government and the

private sector to achieve the skilling targets of the 12th Plan and beyond and ensure the skilling needs of the disadvantaged
and marginalized groups like SCs, STs, OBCs, minorities, women and differently-abled persons are taken care of through
the various skill development programmes ([Link]

15 Lifelong learning encompasses learning at all ages and subsumes formal, non-formal and informal learning. Lifelong

learning principles contribute to more just and equitable societies. [Link]

learning-policies-and-strategies/ ·
16 People's Union for Civil Liberties, Karnataka. (2001). Human 1ights violations against sexuality minorities in India.

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Lack of opportunities
fl6
Lack of confidence in engaging them by employers

Suggested Approaches

The economic empowerment of transgender community is located in a complex set of

identities, community norms, culture and policy support. In this context, the empowerment
process has to be broad based and should cover the following aspects:

• Awareness generation

• Skill and Capacity Building

• Employment and entrepreneurship

Suggested Strategy to improve Access to Employment

Create opportunities for Information and counselling

Establish Helpline for Career Guidance, Promotion and online Placement Support

Capacity Building and Entrepreneurship Development

Liberal credit facilities and other needed support for economic activities

Provision of social entitlement to the community

Convergence with existing schemes of Ministry of Social Justice & Empowerment

(MSJE) 17 : MSJE may explore the possibility of widening the mandate of one of the
Corporations for providing the economic support to transgender community.

Vocational Skill Building: Design customized vocational training programmes for the
transgender community as per their needs and interest and establish effective linkages with
vocational training centers run by private and government agencies. •.

Create a supportive Environment: The efforts should be made to ·sensitize all

concerned stakehold~rs .like government officials· in relevant departments, banks, private
employers, corporate, community leaders like Gurus.

Convergence with existing schemes: Mention of transgender community across all

existing schemes specially centrally sponsored schemes like National Rural Livelihood
Mission 18 , National Urban Livelihood Mission 19 NREGA 20 , National Finance Development
Corporations (NFDC) 21 will help in giving them due recognition.

17 [Link]
18 [Link]
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12-:f--
Adopt good model/intervention: There are some good models 'like Transgender
Welfare Board in Tamil Nadu 22 which helps through Self-Help Groups CSHG) for economic
security of this community. The Board provides 25% subsidy to such SHGs for starting self-
employment. The proven models can be adopted by other States also.

******

<,

'"'

19 [Link]. in/NULM%20mission%20
20 [Link]
21 The Government oflndia has set up seven 'National Finance Development Corporations' for upliftment of

women, weaker section, minorities and PWDs. [Link]

22 Chakrapani, V. (2012)]he Case ofTmail Nadu Trans gender Welfare Board: Insights for Developing Practical Models of
Social Protection Programmes for Trans gender People in India. A Policy Brief published by UNDP -India
Page I 56
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~~~

Chapter Nine
Transgender Adolescents, Youth &
Young Adults
FWm"'n ?\l11'!!il f nwuwwnMm ~llll1iill 'WZ?1l$1l~

Like all young people in supportive environments, transgender youth are entitled to bias-
free attention to their unique needs and to be safe in their homes, schools, placements and
services. They should be supported in their gender identity and never required to conform to
traditional conceptions of gender in order to receive appropriate care. Families, schools and
child welfare professionals who work with transgender young people should be educated
about transgender issues and prepared to work sensitively with these young people.

Transgender youth are children and adolescents who identify as transgender. Because
transgender youth are usually dependent on their parents for care, shelter, financial support,
and other needs, and because most doctors are reluctant to provide medical treatments to
them, transgender youth face different challenges related to their condition when compared to
adults. Transgender conditions manifest at different times in life in different individuals. In
most cases of gender identity disorder 1 (GID), the condition is often apparent in early
childhood, when such a child may express behavior incongruent with and dissatisfaction
related to his, or her assigned gender. However, many of these children experience rejection
as a result of their differences and quickly attempt to repress them. Therefore, people who see
these children regularly may be unaware that they are unhappy as members of their assigned
gender.

-~
The incongruity between a person's internal sense of self as either male or female and
their anatomical or birth sex can lead to depression and severe emotional distress. When these
feelings rise to clinically significant levels, a person may be suffering from gender identity
disorder (GID), a diagnosable medical condition found in the Diagnostic and Statistical
Manual (DSM). Treatment ofGID is focused on providing support, not changing a person's
gender identity. It may include services like individual and family counseling and such
medical care as hormone therapy and surgery to align the physical [Link] with the internal
sense of self as male or female. Once transgender people are able to express their gender
identity, they are abl~ to. go on to lead happy, fulfilled lives. As a result, some people oppose
the classification of trans gender identity as a disorder, while others recognize the advantages
of having explicit standards of health care for transgender individuals. All concur, however,
that transgender youth need to be supported, affirmed and safe and free to express their
identities 2 . This diagnosis of gender identity as a disorder was held until DSM-IV was
revised, and in 2012, on the basis of the standards set by the DSM-V, individuals will be

1 American Psychological Association (APA)(2000)" Gender Identity Disorder in DSM IV TR.

2 [Link]

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12'1
diagnosed with Gender Dysphoria (and not 'Disorder') for displaying "a marked
incongruence between one's experienced/expressed gender and assigned gender" .
..
The following are some of the recommendations 3 made by age'ncies working with
tratisgender youth that are applicable to India as well.

Understanding and being aware of health care protocols for transgender individuals:
The World Professional Association for Transgender Health ([Link]) has
developed internationally recognized protocols for diagnosing and treating youth and adults
with GlD. These protocols recommend that transgender young people gain real-life
experience through dressing in the clothes and using names and pronouns associated with
their preferred gender. Young people age 16 years and older are seen as candidates for an
individualized assessment for medical treatment to enable them to begin their physiological
transition from one gender to another.

Allow transgender youth to express their gender identity:

Allow transgender youth to express their gender identity through their chosen attire,
names and mannerisms without punishment or ridicule. Don't assume that transgender youth
are "acting out" when they express their gender identity. The clothing and personal style that
an individual cho~ses are an important aspect of self-expression. Support trans gender youth
in these choices and challenge restrictive policies that may not allow such freedom.

Use young people's preferred names and pronouns:

Respect a transgender young person's choice of name and gendered pronouns that best
reflects their sense of self as woman or man. By doing so, you validate their identity and
sense of self-worth. If there is an uncertainty about which pronoun an individual youth
prefers, they should be asked sensitively rather than simply assuming what they would prefer.

Ensure that transgender youth have access to trained and affirming medical and mental
health care providers:
Advocate for transgender youth to receive competent and affirming mental health and
medical services, including access to monitored use of hormones if deemed medically
appropriate. When youth don't have access to the health care services they need, they may
resort to buying illegal medications and hormones frotn the streets. Using hormones without
medical sup~[Link] can lead to serious medical injury, HIV and other sexually transmitted
infections.

Make room assignments & housing decisions based on the well-being of individual
youth:
In gender-segregated facilities, don't assign transgender youth to the girls' or boys' units
strictly based on their anatomical sex. Instead, make individualized decisions based on the
physic;al and emotional well-being of the youth, taking into account their level of comfort and

3 http:/I data. Iam bd aIega I. org/pu bli cations/downloads/gdtb_working -with-tra nsgender-youth. pdf

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/30
safety, the degree of privacy afforded, the types of housing available and the
recommendations of qualified mental health professionals. The safety of transgender youth
should be protected without resorting to isolating or. segregating them from the general
population. Hpwever, single occupancy rooms, if available, may be an acceptable alternative
for transgender youth in sex-segregated facilities.

Avoid assumptions about transgender young people's sexual orientation:

Transgender youth may identify as gay, lesbian, bisexual, heterosexual or differently. It's
important to keep in mind that sexual orientation is separate from, and not determined by,
one's gender identity and expression

Locate and develop resources to help transgender young people with unique legal
issues:
Transgender young people may need assistance and advocacy to obtain proper legal
identity documents like birth certificates, state identification cards and driver's licenses that
reflect the gender with which they identify. They may also need help to obtain a legal name
change. Child welfare systems have the responsibility to locate and help develop these
resources for transgender young people in their care. Transgender youth and young adults
should also have the right to privacy concerning their transgender status and gender
transition. Any s~ch information that is recorded in school records must be treated as
confidential and not disclosed to others without their consent.

Provide transgender-friendly role models and mentors:

Transgender youth, like all youth, need connections to adult role models and mentors. For
transgender young people in out-of-home care systems, these positive connections can be
harder to find but are nonetheless crucial for their healthy development. Frequently cut off
from their families of origin, and part of a misunderstood minority, trans gender young people
can find a sense of family and belonging from mentors and community role models.

Provide support in finding employment:

Transgender youth fa?e especially steep barriers to employment. Finding employment is
even more complicated for those transgender youth whose identity documents do not match
their chosen names and gender expression. Without adequate educational and job training
opportunities, they're at a further disadvantage. Transgender young people aging out of child
welfare systems or schools can be left with few options other than to engage in illegal and
harmful activities in order to survive. •.

There are clearly some specific areas where interventions and creating a stable
environment in the life ef trans gender, are required. The issues can be broadly classified into
the following including but not limited to families, schools - educational policies, gender
school resources, medical and m~ntal health issues, social or state led protection (such as the
CWC), legal, organisational- support for transgender youth as well as their caregivers, etc.

Page I 59

....,...~;··---:-----.-.-. --:-::-~·;;-:-·
 [Link]

)31
For example, Trans Youth Family Allies contains a simple reminder to their
country's leading agency's brief for families with trans gender youth4 :

According to the American Academy of Pediatrics, "A child's awareness of being

a boy or girl begins in the first year of life. Their gender identity is stable by age 4
and they know that they will always be a boy or a girl."
Trust yourself and your child, you've done nothing wrong. Children don't always
have the words to "TELL" you that..they are trans or gender variant. Pay more
attention to their cues and behaviors. You and ypur child will know best.
Accept w here you and your child are now. You didn't cause this and you can't
change it. Difference isn't wrong_ .it just is. You didn't "decide" what your gender
was, you just knew. Your child didn't decide either, he/she just knows. There is
nothing as .meaningful to a gender variant child as the support and acceptance of
family, friends, teachers and the community.
Confidence and knowledge are essential. Viewing your child's condition as a
blessing and celebrating your child as one of your greatest gifts will bolster your
child's confidence and self esteem, as well as setting an example for others to
view your child in the same light. Confidence and knowledge equal power.
Treatment is available. Making informed decisions to medically intervene at
appropriate intervals may be essent,ial to your child's mental health and well
being. Investigate the possibilities m;_d don't put off making decisions out of fear
or denial. Seek support and/or therapy if you, your child or your family are
' 1 struggling to accept your child's gender expression. Nurture yourself, your child,

and the rest of your family physically and mentally during this journey.

Trans Youth Equality has some guidelines for Caregivers of Gender Non-
Conforming Children & Youth 5

•!• The child may not experience their gender as others see them.
•!• This is significant and the child takes it very seriously.
•!• Continue providing unconditional love.
•!• If you feel overwhelmed or under-informed, get support and accurate information.
You are not alone! ..
•!• This isn't about something anyone has done or is doing wrong.
•!• This isn't aboutthe child's current or future sexual orientation.
•!• Sexual Orientation is unrelated to Gender Identity.
•!• Substantial research indicates that gender identity is hard-wired. It is not a mental
or physical illness·.
•!• Support the child for who they are today rather than trying to change who they
might someday become.
•!• The child, if supported in their gender expression, has every good chance of
growing up to be an exceptional and successful person.

.
•!• Above all, respect the child's feelings about their gender identity .

4 httg ://www. ima tyfa. o rg/re source s/ga re nts/ti gs-fo r-ga rents/

5 from the Trans Active Education & Advocacy Document Library;

httg://[Link]/documents/Top 11 [Link]: also see
http:(/www .tra nsyouthea [Link]/documents/Rosetta Stone [Link]
http:ifwww .tra nsyouthea ua [Link]/docuinents/Rosetta Sto~e [Link]

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 ":...o:l<·:~::·~·:_•"i:::o;t~}_;_.:-lil'~'. .:,_.:;e.:!lirA<;,.·_

[Link]

}32--
E-l While this may be confusing at first, do not assume the child or youth is confused
about their gender identity. They most likely are not.

When looking at health pertaining to transgender youth, there are some issues to
consider. Care providers are often the first people parents of gender non-conforming and
transgender children and youth turn to for guidance, reassurance and supportive medical care
for their child. As first responders, it is vitally important that up-to-date, accurate and gender
identity-afflrming services be offered. A physician, counselor or nurse practitioner armed
only with rudimentary or trans adult-centric knowledge of gender dysphoria or transgender
identity might, with the best of intentions, send a parent off in the wrong direction with
regard to her child's immediate and short-term needs. At worst, sharing information based on
trans adult stereotypes, social challenges, medical and psychological care might lead a parent
to shut down completely and decide to just "wait it out" when it comes to dealing with their
child's gender non-conforming identity and self-expression6 .

When providing care, treatment, or services to a transgender child or youth, it is

important to understand that they are not simply "shorter/younger" versions of adult
transgender people; many aspects of the adult transgender patient/client model do not apply.

Taking a passive, "wait and see" approach can lead to irreversible damage. Using a
transgender or gender non-conforming child's growing anxiety, depression, negative self-
esteem and social isolation as a diagnostic tool is not only ineffective and misguided clinical
methodology, it is inhumane 7.

While there ure broad guidelines available across the world for standards of health care,
one particular area of health and trans gender young has been the cause for substantial debate,
discourse and even research. The ethics of treatment, weighing the needs of the adolescent
"·· while yet being firm in the principle of doing no harm, becomes the bedrock principle of care.
The first step of the debate begins with the age of consent of the young person involved in the
issue and what constitutes the right age. The definition of "child" and age varies in each
country, and studies from practical interventions in countries such as the US and the UK;
some ofthe Commonwealth countries like Australia have suggested that the age ofthe young
person is critical in the. consent aspect. One aspect of this is clear is that any surgical
intervention, cannot be done before the age of eighteen, which in most countries is the legal
coming of age.

In 2004, an Australian Family Court 8 looked at the issue of age and consent of a
transgender teenager and treatment. It led to the publishing of a paper .which said 9 , "The

6 [Link] transyouthequqlity .org/[Link]

7 [Link] .transyouthequa [Link]/[Link]
8 2004 Fam CA 297, "Re Alex" was a legal case decided in the Family Court of Australia on 13 April 2004. It
examined the rights of a thirteen-year-<?ld adolescent affirming his male sex and seeking hormonal medical
treatment "Sex Affirmation Treatment".

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l33
issues surrounding treatment of children prior to puberty is even more difficult than that
posed by treatment in adolescence. In children the issue is not whether to facilitate change,
since hormonal treatment is not recorrunended prior to the onset of puberty, but instead
whether GID can or should be suppressed. Currently there is insufficient data to know
whether psychiatric treatment can reduce gender dysphoria and change the adult outcome.

Moreover, as for psychiatric treatment to alleviate GID, one has to qu~[Link] whether the
motivation is to prevent GID given that either outcome may occur. Although once considered
so, homosexuality is no longer considered a psychiatric condition, and therefore treatment to
prevent it would be inappropriate 10 . On the other hand, GID remains a disputable psychiatric
disorder 11 • . •

Thus, if parents desire such treatment, ethical issues arise concerning the objective of
treatment and whether parents have authority to consent to such treatment. Put simply, there
is no single answer as to how to treat children and adolescents with GID. Instead,
professionals must exercise clinical judgment in developing and proposing a care plan. Even
when sound clinical judgment is exercised, there are substantial risks in treating and in not
treating these minors.

In light of this, .how best can the legal system assist children and adolescents to achieve a
satisfactory short and long term outcome?

What role can the law play in lessening the social and psychological problems 9f
these youth?
This issue becomes particularly important in India when looking at standards of care.
Currently none exist specifically, but when they are drafted, care must be taken to look at the
WP ATH guidelines that have been developed with the best experts around the world, who
have looked at the issues such as these for decades in their countries. Studies reveal that
"there is a considerable narrowing of [gender] plasticity with age, with regard to long-term
gender identity differentiation." The apparent fluidity of gender identity in childhood, even
into adolescence (albeit to a lesser degree), coupled with inadequate empirical studies to
predict outcome and establish reliable treatment necessarily justifies a relatively cautious
approach in treating adolescents as well as children 12 . Another crucial factor, not mentioned
before, needs be taken into account. It is now not uncommon for many diagnosed with GID

9 Ethical Concerns Related to Treating Gender Nonconformity in Childhood and Adolescence: Lessons from the family court
of Australia; Authors: Hazel Beh Ph.D. J.D. and Milton Diamond Ph.D. Published in Health Matrix: Journal of Law-Medicine.
Case School of Law. Volume 15 Number 2, Summer 2005
10 In 1973 homosexuality per se was removed from the DSM-11 classificatibn of mental disorders and replaced in DSM-111 by

the category Ego-dystonic Homosexuality. See AM. PSYCHIATRIC ASS'N, DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS (DSM II) 39 (2nd ed. 1968); Ibid.
11 There are currently, in the United States, Australia and elsewhere, differing opinions as to the suitability of considering

Gender Identity Dysphoria apsychiatric disorder any more than homosexuality. See Rachel Wallbank, Re Alex"Through a
Looking Glass,"AUSTL. CHILD. RTS. NEWS, May 2004, at 28.; Ibid

12 Kenneth J. Zucker, Gender Identity Development and lssues,13 CHILD &ADOLESCENT PSYCHIATRIC CLINICS QF N. AM.

551, 554 (2004); Supra note 8

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13~
when adolescents to elect to live as transsexuals without surgery as adults 13 •
Thus, treatment plans for adolescents need not assume surgery will be the desired

"Although the care afforded Alex conforms to standard care, the case is
nevertheless important and noteworthy. Alex's case offers a rare and
comprehensive view into the life of a transsexual minor.156 A few
generalizations are evident. Developmentally, the gender and sexual orientation
of children and even young adolescents remain,s in flux and treatment must
therefore be well ~onsidered and cautious. There is urgency to the need to treat
them, however, .because psychologicatdistress, depression, and suicide are real
risks. The legal status of children and adolescents and their lack of maturation
may prevent them from consenting to treatment but their wishes must be valued
and respected. Society can be intolerant to gender incongruity and adults must
take responsibility for removing stigma and ostracism. The condition is
mysterious, rare, and complicated, so experts must be consulted for diagnosis and
treatment. Treatment in every case must be individualized and responsive. For all
these reasons, these youth are in for a difficult and protracted struggle that will
require them to have the support of adults and social institutions.
'The judge's approach to Alex was extraordinary, exemplary, compassionate,
cautious, and well-informed. He was not bogged down with rhetoric of gender
construction. Alex's dignity, best interest, current needs and future potentiality
were the court's only concerns."
Ethical Concerns Related to Treating Gender Nonconformity in Childhood and
Adolescence: Lessons from the family court of Australia; Authors: Hazel Beh Ph.D.
J.D. and Milton Diamond Ph.D. Published in Health Matrix: Journal of Law-
Medicine. Case School of Law. Volume 15 Number 2, Summer 2005;

Transgender Youth and high suicide risk coupled with prejudice -

understanding the dangers

A staggering 41 percent of transgender people in the United States have

attempted to commit suicide, according to a new survey. About 19 percent of
transgender people report being refused medical care because of their gender-
~onconforming status, and a shocking 2 percent have been violently assaulted in a
doctor's office. These statistics are Just some of the sobering findings from a
survey of more than 7,000 transgender people conducted by the National Center
for Transgender Equality and the National Gay and Lesbian Task Force, released
in October 2010 14 .

13
Milton Diamond, What's In a Name? Some Terms Used In the Discussion of Sex and
Gender,102 TRANSGENDER TAPESTRY J. 19 (2003); Supra 8

14 http ://www. livescience. co m/11208-h igh-s ui cid e-risk -prej ud ice-p lagu e-trarsgender-peopl e. h tm I

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)J5
Psychologists say transgender people often face what feels like a stacked deck against
them. The disapproval and confusion of friends, family and people around them creates a
burden of stress. This is particularly true in the case of young trans gender teenagers .

. In a landmark report 1S,. "Injustice At Every Turn: A Report Of The National Transgender
Discrimination Survey", it was seen that a "staggering" 41 percent of the more than 6,400
respondents said they had attempted suicide, compared to a rate of 1.6 percent for the general
population, according to the survey by the National Gay and Lesbian Task Force and the
National Center for Transgender Equality 16 • The respondents had double the rate of
unemployment and were four times more likely to have a household _iric'orne of less than
$1 0, 000 compared to the general population.

"Transgender and· gender nonconforming people face injustice at every turn," the report
"'·---,- _,., ,_.,,.........,., says, "in childhood homes, in school systems that promise to
• • •
"My mother disowned · shelter and educate, in harsh and exclusionary workplaces, at
me. I was fired from my job the grocery store, the hotel front desk, in doctors' offices and
after 18 years of loyal emergency rooms, before judges and at the hands of
employment. I was forced
onto public assistance to landlords, police officers, health care workers and other
survive. But still I have . provr'ders 17"
servrce .
pressed forward, started a
new career, and .rebuilt my
There are limited studies available in India, those that
immediate family. You are
[Link] not by falling, but exist are unambiguous. A study conducted across seven
how wen you rise after cities of the country with 50 queer persons, assigned female
falling. I'm a licensed
practical nurse now and am at birth (of whom some identified as FtM or Trans Man)
studying to bec01ne an RN. I stated that depression, self harm, cutting, staying away from
have walked these streets home for long periods, running away from horne were
and been harassed nearly
every day, but I will not common responses to family violence among the
change. I am back out there respondents (LABIA, 2013). The same study indicates that
the next day with my head thirteen respondents among the 50, attempted suicide while
up."
-Survey Respondent still living with their family in young age due to stigma,
It ill control and violence at horne 18 •

Despite the highly specific medical and mental health needs oftransgender adolescents, they
continue to be an underserved and poorly studied group. Primary care clinicians are uniquely
positioned to improve physical and mental health outcomes among transgender youth.

15 "Injustice At Every Turn: A Report Of The National Transgender Discrimination Survey", authors- Grant,
Jaime M., Lisa A. Mottet, Justin Tanis, Jack Harrison, Jody L. Herman, and Mara Keisling. Washington: National
Center for Transgender Equality and National Gay and Lesbian Task Force, 2011.
16 [Link]
17

[Link] .a bajou rna I. com/news/article/ staggeri ng_rate_of_a~tem pted_sui cid es_by_tra nsgend ers _highlight
s_injustices/
18 LABIA, (2013) Bre~king the Binary: Understanding concerns and realities of queer persons assigned gender

female at birth across a spectrum of Jived gender identities, Mumbai: LABIA. Available at:
https :/[Link] [Link]/site/1 abi acoil ective/

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[Link]

136
Transgender youth are at increased risk for multiple psy<;:hosocial problems, including family
and peer rejection, harassment and bullying, trauma, abuse, insufficient housing, legal
problems, lack of financial support, and educational problems.

It is often highly problematic for transgender youth to find needed comprehensive

medical and mental health services.

Some of the key challenges faced by transgender youth, can be summarized as -

[·l Deliberately incorrect and disrespectful use' of names and pronouns-When a

transgbnder youth identifies as a particular gender (irrespective ofbiological sex), it is
respectful to the youth's human dignity to use the name chosen and the pronouns
appropriate to that particular gender. To persevere intentionally in the use of a prior
name and other pronouns is to be deliberately disrespectful. Transgender youth can
understand and sympathize with some confusion, so long as there is continuous, good
faith progress in using the proper name and pronouns.

:-l Lack of access to appropriate restroom facilities-Trans gender people often lack
safe access to public restrooms. They may be assaulted if they use the restroom that
conforms to their gender identity or forced to use a ~estroom that does not conform to
their gender identity.

:·J Privacy - Transgender youth and young adults should also have the right to privacy
concerning their transgender status and gender transition. Any such information that is
recorded in schoolrecords must be treated as confidential and not disclosed to others
without their consent.

t·J Confidentiality-Transgender youth may hiwe unsupportive families and may even
face violence and/or ejection from their home if their gender identity or gender
expression is disclosed to the family.

:·J Lack of role models; lack of accurate information-Transgender youth often feel
alone in the world. Few programs for youth employ transgender people; few libraries
offer information about biological sex and gender, gender identity, or being
trans gender.

t·l Arrange for transgender awareness training for faculty, staff, and
administrators from a qualified community-based trainer. Most people do not
receive training or support in transgender awareness throughout their education or
professional career-s; it is not fair to assume that educators will arrive at their work
already having learned the skills they need to work respectfully and effectively with
youth from these communities. Transgender awareness trainings are most
effective when they are mandatory and regular.

=·l Incorporate positive information about transgender issues .info curricula. The
existence of transgender people is often erased or only included in a highly

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stigmatized way in the teaching of any subject, as well as in media and popular
culture. The lack of any positive acknowledgment of transgender issues or history
makes it difficult for transgender, gender nonconforming, or questioning young
people to feel that they have a place in the world and supports a worldview among
other students that transgender people do not exist or are an appropriate object of
scorn.

Therapists working with transgender adolescents must be accustomed to working with

adolescents and be able to discuss sensitive topics, including sexuality.

The Medical Council of India along with leading mental health institutions and
organizations working on transgender issues would be required to develop practice
protocols for the care of transgender adolescents/ youth under the age of 18. This would
also involve. development of detailed protocols for counseling of family members of
adolescents and SRS related guidelines for adolescents bearing in mind that an appropriate
age criterion is required to be formulated in India. It is also pertinent to note that for any
surgery to be done on an individu~l, the age of consent for that person is 18 years, and if
younger parental/ guardian consent is necessary. International guidelines and best practices
lessons learned will also help India achieve this standard when setting the age threshold.

Youth younger· 18 are strongly advised to see a mental health professional experienced in
transgender issues prior to hormone treatment to ensure readiness to transition. Before
initiating hormonal therapy with youth over 18, the primary care provider should encourage
them to consult a qualified mental health professional to assist them in exploring the
ramifications of gender transition, potential complications, etc.

There are some frameworks that are already in place to protect children/ adolescents and
young adults; families have the obligation to look after a child/ young adult and in the event
that the child is unable or unwilling to access this protection, the State has an obligation to
step in. This means that the JJ Act would need to be equipped to help young transgenders in
need, shelter homes for those who run away or forced to leave, re-integration into schools, the
best standards of health care access including psycho social health, and so on.

The international and therefore the nationally accepted formula for this remains the
best interests of the child in the expectation that no child, adolescent or young adult is
allowed to fall through the cracks. The right to education framework entitles that they
stay in schools which have a supportive and nurturing environment, with adequate training
and protection given to the system to ensure that the high instances of reported bullying,
abuse and coercion into accepting forced gender roles are removed from that young person's
life.

World over, in countries where research and studies have been done, there is documented
evidence that young trans genders are at considerable risk to many things - loss of family, loss
of education, bullying, depression, assault, violen~e and the risk of suicide because

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supporting frameworks do not exist or because they are unable to access it. India cannot be
the exception to this, that there is a distinct lack of evidence to show that all of these factors
exist to compound a young person's vulnerability in our society does not mean that the matter
ends here.

On the contrary, it simply means that this is an issue that needs to be studied,
incorporated; and all existing laws that our country has regarding the rights and protection of
children be used to protect these young people as well. Experts need to be brought together to
/

look at all of these pressing needs and the time to do this is imminent. Health care
professionals, psychologists and psychiatrists, lawyers to look at issues of confidentiality and
legal change, educationists to look at integration, reform in schools and policies, law
enforcement to look at issue of harassment, violence and then not at the least - protection,
social workers to look at a holistic protection framework etc, all have to be brought into the
matter of children and young adult trans genders.

..
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Chapter Ten
Access to Healthcare 1 : General Health Services
(Physical f Mental), and Gender Transition Services
(including Sex Reassignment Surgery)
u~~0~~·~~~~~~~~~~~~~~~mm~~~~~wm~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The World Health Organisation (WHO) has defined health as "a state of complete physical,
mental and social well-being and not merely the absence of disease or infirmity." 2
Transgender people too, like any other people, have the right to enjoy physical and mental
health and contribute to their families and the society. ..
In this chapter, the Expert Committee mainly focuses on what can be· done in the public
health settings 3 in India:
A. Improving access to and use of general health services for trans gender people
B. Improving access to and use· of gender transition-related health services for
transgender people
C. Enabling better understanding and enhancing competency among health care
providers (HCPs) in dealing with transgender-specific health issues

A. Improving access to and use of general health services for male-to-female

transgender people

Fear of discrimination or experience of discrimination faced by male-to-female transgender

people in health care settings i have been shown to hinder access to HIV testing ii' iii,
antiretroviral treatment iii, iv and sexual health services;, v in public hospitals. Barriers to access
and use of these services in the public hospitals are identified at individual (self-stigma,
poverty), institutional (registration policies) and structural levels (societal stigma). These
barriers are inter-related. Previous experiences of discrimination within the health care
settings and/or fear of anticipated discrimination from HCPs prevented many MtF TG people
to access and use even the otherwise free health services in public hospitals.
At the individual/eve/, some of the barriers faced by HIV -positive MtF trans gender people
such as lack of money to travel to antiretroviral treatment centres are partly addressed by
travel support for people living with HIV (of any gender identity) in some states of India
(e.g., Tamil Nadu).

1 Public and Private health care settings (private includes corporate and non-

governmental health sector).

2 Preamble to the Constitution of the World Health Organization as adopted by the International

Health Conference, New York, 19-22 June, 1946; signed on 22 July 1946 by the representatives of 61
States (Official Records of the World Health Organization, no. 2, p. 100) and entered into force on 7
April1948. ·
3 Even though the principles of non-judgemental and non-discriminatory care for transgender

people should be irrespective of the type of health sector- public or private.

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At the institutional/eve/, some of the stigma and discrimination experiences documented to
have, occurred in public hospitals include:

Lack of hospital policies on whether [MtF] transgender people can get registered as
'man' or 'woman' in the outpatient department; and where in which ward (male or
female ward) they get admitted. For example, it has been reported that a MtF
transgender person who was living full-time as a woman and who had undergone
male genital removal was asked to put on male attire and admitted in male wards.
Verbal abuse from the physicians, counsellors, nurses and paramedical workers within
the hospital settings.
Harassment from the relatives of the co-patients in the outpatient and in-patient
departments.

These underscore the need for hospital policies for registration and admission oftransgender
people, training and sensitization of the health care providers about the transgender people
and their health issues, and the need to educate the general public (here co-patients and
relatives) about the transgender people.

At the structural level, societal stigma against people who transgress gender norms,
especially against transgender people, is internalized by the HCPs themselves. MtF
trans gender people ·face intersecting stigmas - stigma related to being a trans gender person,
being a sex worker, and being a person suspected to be at high risk for HIV. Thus, steps to
decrease stigma faced by transgender people need to address all of these intersecting stigmas.

Limited information is available on the access issues faced by FtM transgender people in
health settings. Information from a study from Mumbai conducted among 50 queer-identified
FTM people (LABIA, 2013vi) and interactions with FtM people reveal that:

Heteronormativity (people are assumed to be heterosexuals) among HCPs or previous

negative experiences with HCPs delayed treatment initiation in some FTM people
with symptoms suggestive of sexually transmitted infections.
While gynecologists provide pills to delay (qr stop) menses for working cis-women,
FtM people are not provided prescription for the same (or FtM people need to lie to
get those pills).
(Note: The current situation of HIV programme for male-to-female transgender people is
enclosed as Appehdix-6)

.
B. Improving access to and use of gender transition-related health services for
transgender people
Not all transgender people desire surgery or hormone therapy. Some proportion of
transgender people would like to undergo surgery and/or hormonal therapy to align their
bodies with their gender identity. The common gender transition-related service needs of
transgender people are summarized in Table 10.1.

Except in a few government hospitals, sex reassignment surgery and other gender transition-
related services are not available for free in tertiary level government hospitals in different

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parts of Indiavii,viii. A study conducted in 2013viii to assess the situation of
gender transition- related health services for MtF transgender people reported
that:

.
- Lack of free sex reassignment, ,surgery (SRS) in public hospitals and the
prohibitive cost of SRS in private hospitals seem to be the key reasons
behind why some hijras and other MtF trans people go to unqualified
medical practitioners for surgery resulting in post-operative
complications that could have been avoided had the surgery been provided
by qualified medical practitioners in public hospitals.
Unwillingness among qualified medical practitioners to prescribe hormone
therapy (for feminization), and self-administration of female hormonal
tablets among hijras and other MtF transgender people.
- Lack of national guidelines on gender transition services and ambiguous
legal status of SRS mean even qualified medical practitioners are hesitant
to perform SRS.

Table 10.1: Gender transition~related needs of transgender people''

Gender
transition- MtF transgender people FtM transgender people
related needs
Common needs • Proper counselling about options available in relation to gender
transition
• Proper post-operative follow-up counselling and support

Types of surgical • Neovagina creation • Bilateral mastectomy

procedures (construction of a vagina) (removal of the
required • Penectomy (removal ofthe pen breasts)
• Hysterectomy
• Orchidectomy (ri:moval ofthe
(removal ofthe
testes)
uterus)
• Clitoroplasty (construction of
• Oophorectomy
a clitoris)
(removal of the
• Breast augmentation (breast
ovaries)
enlargement)
• Phalloplasty
• Rhinoplasty (reshaping the nos
.. (construction of penis)
• Hair transplants

Types of non- • Female hormone therapy • Male hormone therapy

·surgical
• Hair removal: Electrolysis and laser • Voice modulation:
procedures
therapy Vocal therapy
required
• Voice modulation: Vocal therapy

It was brought to the notice of the"'Expert Committee that doctors in India

perform male genital removal (orchidectomy and/or penectomy) for patients
with invasive testicular or penile cancer, and perform vaginoplasty on
biological females with certain urogenital conditions (such as absence of
vagina at birth among biological females or persons having

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urogenital sinus-related problems). Thus, one can find general and plastic surgeons, whether ·
in public or private hospitals, who should be familiar with these surgical procedures, which
can be adapted for SRS among MtF transgender people.

Very little academic or grey literature is available on access to gender transition services for
FTM transgender people in India. Information from a study conducted among 50 queer- ·
. ~ identified FTM people in Mumbai (LABIA, 2013x) and interactions with FTM people who
are part of support groups or activist collectives indicate:

• Limited expertise in India on SRS (especially penile construction or metaidioplast/) for

FtM people: This means many FtM transgender persons wait for years before they
undergo penile construction (phalloplasty). Note: Expertise for other surgical procedures
such as hysterectomy, oophorectomy, and mastectomy already exist in India, as these
surgeries are commonly performed among cis-women with certain medicaVsurgical
conditions.
• Limited knowledge among health care providers on the range of surgical and non-
surgical options available for FtM transgender people. Examples: ·

Lack of awareness about devices used by FtM trans gender people such as binders,
packers, urinating devices, and penile prosthesis (with air pumps to facilitate
erection,)
Limited knowledge about male hormone therapy (for FtM transgender people)
among HCPs. This means many FtM transgender people self-administer male
hormones.

Indian psychiatrists and mental health professionals follow either International Classification
of Diseases (ICD-1 0) of the World Health Organisation (WHO) or the Diagnostic and
Statistical Manual of Mental Disorders (DSM-IV or V) by American Psychiatric Association.
These guidelines are primarily diagnostic guidelines. Diagnosis of whether or not a person is
a transgender can be made using any one of these guidelines. Regarding the treatment
guidelines, an internationally reputed set of guidelines for gender transition (called 'standards
of care') is that of the World Professional Association of Transgender Health (WP ATH/,
which is now in its ih versionxi. In the absence of national guidelines on gender transition
services, UNAIDS India in 2011 convened a group of clinicians/practitioners (plastic
surgeons, psychiatrists, counselors) to propose the content of what could be the national
guidelines on SRS for male-to-female transgender people 6, so that it can be placed before the
government for its consideration. The content of those draft guidelines was primarily adapted
fi:om the 7111 (latest) version ofthe WPATH guidelines. Because that document only focused
on the SRS among MtF transgender people, and such a proposal (for any national guidelines
on health-related issues) needs to be finalized and approved by the Ministry of Health, the
following recommendations are made for consideration of the Ministry of Health:

4 While penile construction maybe a difficult surgical procedure, the alternative - metaidioplasty
(enlargement of clitoral tissue), which may be preferred by some section of FtM transgender people are not
offered by surgeons.
Formerly known as the Harry Benjamin International Gender Dysphoria Association, HBIGDA
5
6National Working Group convened by UNAIDS India. (November, 2011 ). Towards the
development of Interim National Guidelines: Good Practices for Sex Reassignment Surgeries (SRS)
For Male-To-Female Transgender People in India.
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1. To prepare a policy statement (and/or an executive government order) on providing
essential gender transition services, including ~RS, in suitable public hospitals
2. To prepare national clinical guidance (standards of care) document in line with the
international WP ATH guidelines
3. To provide penectomy/orchidectomy (removal of male external genitalia) for people
I

who are confirmed to be '[MtF] trans gender people', based on clinical diagnostic
criteria
4. To prepare policy guidelines for providing gender transition services in public
hospitals
5. To train relevant health care providers on offering gender transition services

1. To prepare a policy statement (and/or an executive government order) on providing

essential gender transition services, including SRS, in suitable public hospitals:

MoHFW may explicitly state its intent to provide gender transition services (especially
SRS, to start with) in at least select public hospitals, as gender transition services are seen
as essential and medical necessary for the well-being of transgender people 7 (Note: Not
all transgender-identified people would want to undergo surgery or would want all
available types of gender transition services). The Expert Committee is. of the view that
the issue of defining transgender and certifying each person as transgender should be
delinked from the issue of how the SRS (surgical procedures) should be conducted and
what should be its protocol, as the latter is largely a medical issue. As suggested by the
Committee of dodors'ofMoHFW, SRS, like any other surgery, may be undertaken as per
extant pmdent procedures/guidelines given in the medical literature and following due
medical, ethical and legal proc~ss details of which can be worked out in due course. This
procedure should be initiated only after 'informed consent' of the individual is available
wherein the individual has been explicitly explained about his/her present condition and
what all options are available to achieve the desired outcome by the individual along with
advantages/disadvantages of all the options.

2. To prepare national clinical guidance (standards of care) document in line with the
international WPATH guidelines:

As the MoHFW has agreed that SRS can be provided within the public hospitals (based
on the minutes of the meeting enclosed as Appendix-7 of this report), the Committee
recommends that not just SRS, but the essential set of gender transition services such as
mental health counselling (pre-/post-surgical), SRS, and cross-sex hormone therapy be
provided. For national clinical guidance document, MoHFW may adapt the ih version of
the WPATH's standards of care (SOC) for the Indian context 8 • For example, for the
Indian context adaptation of WP ATH guidelines, changes might be needed regarding the
duration of living in a 'cross-gender' rolexii (formerly 'real life test') and whether to offer
removal of external genitalia alone (penectomy/orchidectomy alone for some MtF

7 Also see: 'WPATH Clarification on Medical Necessity of Treatment, Sex Reassignment, and
Insurance Coverage in the U.S.A.'
[Link] wpath. org/ uploaded _files/ 140/files/Med %20 Nec%20on %202008%20Letterhead. pdf
8 WPATH guidelines say: "Because most of the research and experience in this field comes from

a North American and Western European perspective, adaptations of the SOC to other parts of the
world are necessary."

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transgender people who request such a surgery). The suggestions from the
committee on the possible content for the national SOC document are
summarized in Box 10 .1. ·

The Committee recommends that-the national SOC can be drafted by a

multi-disciplinary team of mental health professionals (psychiatrists,

psychologists, counselors, psychiatric social workers, etc.), surgeons
(plastic surgeons, general surgeons, urologists; etc.), physicians,
endocrinologists, researchers and transgender community representatives,
and finalized by the MoHFW. The committee can include representatives
from Indian Psychiatric Society (IPS) and other relevant professional

organisations. ·

Note: These standards of care are for clinical guidance for health care
providers, and not policy guidelin~s for public hospitals. So the latter also
need to be developed for public hospitals who are providing or consider
offering gender transition services for transgender people. Again, some of
the suggestions for the latter are given below.

Box 10.1: Suggestions for what can be addressed in the national guidelines I
standards of care (SOC) for gender transition for transgender people in India
I. Purpose (Clinical guidance)
2. Target audiences (Primarily practitioners)
3. Diagnosis (Summary of current diagnostic guidelines- lCD-I 0/DSM-V)
4. Suggested role and competency of mental health professionals working with
transsexual, transgender and gender non-conforming people
5. Psychological assessment and psychosocial support needs assessment for
-
transgender people and their family/friends/partners
6. Relationship of Mental Health Professionals with Hormone-Prescribing
Physicians, Surgeons, and Other Health Professionals.
7. Hormone therapy (informed consent, regimens, follow-up care)
8. Surgery:
- Relationship of Surgeons with Mental Health Professionals, Hormone-
•
Prescribing Physicians (if Applicable), and Patients (Informed Consent)
- Criteria for surgeries (medical criteria and legal age criteria9 )
- Competency of Surgeons Performing Breast/Chest or Genital Surgery
- Post-operative follow-up care
9. Linkage and referral services
...
- Linkages with psychosocial support services
- Linkages with social welfare schemes and support in terms of legal
name/sex change
Other areas that can be addressed in the national guidelines/SOC:
- Surgery or hormonal therapy request by transgender adolescents and/or
their parents/guardians
Role of puberty delaying-hormones until a decision is made by the
adolescent

9The Committee also recommend~ that the Health Ministry should consider the recent Bid han
Baruah Vs SR Baruah and Ors, 2012, regarding age of consent and SRS .
. .. ·_': ,, .... .--- .,, ..... -..............,, ....
 [Link]

\."'-.S

3. To provide penectomy/orchidectomy (removal of male external genitalia) for people

who are confirmed to be '[MtF] transgender people', based on clinical diagnostic
. criteria:

MoHFW needs to consider providing the necessary surgical procedures for individuals
who are diagnosed to be transgender people (persons with gender dysphoria) and who
desire surgery. Some hijras/MtF transgender people (who are diagnosed as transgender
people or people with gender dysphoria [using the existing diagnostic guidelines of ICD-
10 or DSM-V] by mental health professionals) may just want removal of male genitals
without wanting a complete SRS (that is, neovagina creation). The MoHFW, as part of its
guidelines for gender transition, can provide guidance on when it can be provided by
qualified medical personnel. The committee suggests the following criteria be used when
such a request from a transgender person is considered:

a. person is diagnosed as a [MtF] transgender person by one or more mental health

professional (for example, usually psychiatrists consider differential diagnosis
such as 'Body dysmorphic disorder', which needs to be ruled out)
b. that person has been provided the option of neovagina creation as well, in addition
to the range of gender transition surgical procedures that a1;~ provided in the
institution;
c. pressure from other people (peers or partners etc.) are reasonably ruled out;
d. adequate time,is provided for that person to confirm the decision for this surgery,
and the person is being provided mental health counselling and support from the
time of entry into clinical care until the finalization of decision to undergo surgery
to remove male genitalia alone.

As 'emasculation' (legal meaning of which seems to be ambiguous) is listed as a

'grievous injury' (Section 320 ofiPC) and a punishable offence (Section 325 ofiPC), the
Committee recommends that if MoHFW wishes, it may get clarification from Law
Ministry on the legality of offering penectomy/orchidectomy alone for a transgender
person, as the context is different and the interpretation of a law is usually dynamicxiii.
According to Section 88 of IPC, an exception can be made if an action (here
penectomy/orchidectomy) is undertaken in good faith and the person gives consent to
suffer that harm. The section reads: ''Nothing which is not intended to cause death is an
offence by reason of any harm which it may cause or intended by the doer to cause any
person whose benefit it is done in good faith, and who has given a consent. .. to suffer that
harm, or to take the risk of that harm". MoHFW may get clarification from the Law
Ministry about this, too.

4. To prepare policy guidelines for providing gender transition services in public

hospitals:

MoHFW may provide guidance on the policies for providing gender transition services in
public hospitals (e.g., availability of certain essential services - such as mental health

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counselling for gender transition, whether services will be free or charged nominally, or a
mix of both for different services). For example, a policy decision might need to be
locally made (at the state govt. or hospital level) that if a MtF transgender person wants
breast augmentation whether breast implants need to be bought by that person or the
costs for the same will be borne by that government hospital.

5. To train relevant health care providers on offering gender transition services:

There is a need to develop programmes to train and build the capacity of health care
providers and public health institutions that provide or willing to provide gender
transition services. The Expert Committee suggests that the MoHFW identify a few
institutions that have been providing gender transition services (especially SRS) for
transgender people as possible training institutions for other government hospitals from
different States. Resources can be allocated for one or more of these experienced hospital
departments to be centres of excellence for transgender health (with a focus on gender
transition services). The Committee further notes that relatively few institutions have
been providing SRS and related services for female-to-male transgender people: this is an
area where much in-country training and expertise needs to be developed.

C. Enabling better understanding and enhancing competency among health care

providers (HCPs) in dealing with some transgender-specific health issues

Health care providers' limited understanding about and prejudice against transgender people
may result in suboptimal care or even denial of care. Discrimination against transgender
people in health care settings, as noted earlier, has been well documented in Indian literature.
So far, there have been primarily ad hoc training for HCPs on transgender health issues by a
few agencies 10 and almost all of these are in relation to STI/HIV -related training for health
care providers (including capacity building programmes for HCPs within NACO
programmes). One ongoing pilot intervention to promote providers' acceptance of
trans gender people is currently being implemented in Mumbai ('Shakti' project 11 ), the results
of which will be useful in fine-tuning curriculum for training HCPs on transgender health
issues. As part of 'Saksham project', Tata Institute of Social Sciences (TISS) too have
prepared guidelines for LGBT -affirmative counselling practice 12 , which can be used for
counselors within HIV programmes and any other health programmes.

To improve better understanding of the health issues of transgender people and to make
health care settings welcoming and non-discriminatory, the following steps need to be taken:

l. Curriculum and Training on transgender health:

Health care providers need to better understand about transgender people, and what are
some of the trans-specific health issues which they need to be aware of (some of these are
listed in Table 10.2. There is also a need to sensitize HCPs oftheir professional obligation
and ethical mandate to provide non-judgmental care to people from any background,
including transgender people. The Committee feels that there is a very strong need for the
Medical Cduncil of India to incorporate curriculum on transgender health in

10 [Link], [Link], [Link], [Link]

11 [Link] am/webprogram/[Link]
12 TISS. Annual Report 2010 to 2011

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undergraduate and postgraduate medical, nursing and paramedical professional education
- for the new batches of HCPs. Other HCPs can be reached through continuous medical
education (CME) programmes and targeted training programmes.

2. Trans-friendly hospital policies/guidelines:

There is a need for explicit trans-friendly registration and admission policies for the public
hospitals (at the institutional level), and a model policy can be provided by MoHFW.

3. Non-discrimination policy/guidelines:
A non-discriminFttion policy (to prevent dis£Jimination on the basis of sexual orientation
or gender identity) can be explicitly stated. The Expert Committee was informed that the
Committee of MoHF\Y13 held a meeting on 6th December, 2013. (The minutes of that
meeting are enclosed as Appendix-7). The Experts Committee appreciated the MoHFW
meeting points that specified: "All treatment/facilities, whatever and wherever available,
are provided equitably and free of cost to all the patients coming to the Government
hospitals without any discrimination on any ground whatsoever, including sex/gender." In
relation to this the Experts Committee recommends that the MoHFW may issue an advisory
to all concerned including the State Governments and Union territory Administrations to
emphasize this point and ensure that equal access to and use of all health care services is
realised for transgender people.
.
Table 10.2. Examples of certain trans gender-specific health issues that general medical
practitioners need to be aware of

General sensitivity • Addressing transgender people in their preferred pronouns, and

being sensitive in physical examination (e.g., being aware of and
not expressing shock in finding male genitalia in a MtF
transgender person in woman's attire)
• Not to assume that all the health issues (especially mental health
issues) oftransgender people are related to their gender identity or
sexual behavior

Vaccination • Hepatitis-B vaccination is recommended for those who practice

I

I
anal sex
I

HIV -positive • Ask for self-administration of hormones or (other) physician-

persons and prescribed hormonal therapy. Hormones can interact with
persons with antiretroviral treatment or TB treatment.
Tuberculosis
Cancer screening • Prostate cancer screening among post-operative persons (usually
prostate is not removed in SRS in MtF trans gender people)
• Breast cancer screening needed for those who are on long-term
hormone therapy
~------ ------- _ _ _ _______
.,
------

13
..
This· committee of MoHFW was formed to examine the aspects of healthcare access for
transgender persons and their need for undergoing Sex Reassignment Surgery (SRS).
 . ·.;' ~ ,,.., ;'Th.''!'A;-1!~'•~~~.J '.~bt'_,~t!o~:i;."' /· '-·' ~-·:·:!~~f:{;~~~)~t'

[Link]

llt~
• Cervical and/or ovarian cancer screening among those who I
are living as man, but with intact vagina/cervix, and/or ovaries I !

Cardiovascular History of cross-sex hormone therapy (current or past

disease, history) needs to be enquired among those who have these
Hypertension, conditions. For example, there is a possible elevated risk of
Osteoporosis, cardiovascular disease among MtF transgender people. Also,
Hypercholesterolemia these medical conditions need to be managed and controlled :
when administering hormone therapy

Research and evidence-base to promote transgender health

The Committee also recommends that the Indian Council of Medical Research (ICMR) can
develop and fund a research agenda to gather and use relevant health-related data and
information to improve the health of trans gender people; operations research to fine-tune
the clinical guidelines for gender transition services; and research to develop and test
interventions to decrease stigma and discrimination faced by transgender people in the
health care settings.

Clinical Management ofIntersexed People

National guidelines are also needed in tenris~ofmanagement of intersex disorders(now

called 'Disorders of Sex Development'), which can be prepared by a multi-specialty
committee (e.g., pediatrician, endocrinologist, development psychologist, etc.), in
consultation with key stakeholder groups such as intersexed people. That guidelines,
among, other topics, need to cover when non.. urgent appearance-altering surgery can be
conducted, and when and whether early surgical genital reconstruction (feminizing or
masculinizing genital surgery) and when sex assignment surgery, if requested, needs to be
conducted among intersexed people. The national guidelines can be based on the latest
international consensus statement or guidelines, adapted to the Indian context.

List ofsome ofthe resources from India for training health care providers on the health issues
oftransgender people -

I. Training manuals for doctors and counselors on MSM and MtF transgender people
from the HIV programme ofNational AtDS Control Organisation (NACO), as part of
the HIV capacity buildin3g programme. ([Link] ..
2. Ketki Ranade, Shruti Chakravorthy, TISS. (2012). LGBT-affirmative
counselling practice. Resource and Training Manual. TISS: Mumbai.
3. Training· powerpoints on MSM and transgender people from I-TECH
(yvww. [Link])
4. Training manuals on hijras/TG people from India HIV/AIDS
Alliance (www. allianceindia. org)
......
5. Venkatesan Chakrapani. (2005). Understanding men who have sex with men (MSM)
and Hijras & Providing HIV/STI risk reduction information. Basic Training for
Clinicians & Counselors in Sexual health/STI/HIV. Trainer's manual.
httQ://[Link]/Training/Downl?ads/TOT FINAL [Link]
 [Link]

\\1\.C\·
6. Venkatesan Chakrapani. (2005). Understanding men who have sex with men (MSM) and
Hijras & Providing HIVISTI risk reduction information. H~ndbook for Participants
(STI/HIV and Sexual health care providers).
[Link] indianlgbthealth. info/Training/Downloads/Parti_Hdbook_FINAL_Sep2005. p
df

7. Venkatesan Chakrapani. (2005). Providing quality sexual health care to men who have
sex with men (MSM) and Hijras in India. Clinical Manual.
[Link]
pdf .

REFERENCES

i Chakrapani, V., Babu, P., Ebenezer, T. (2004). Hijras in sex work face discrimination in the
Indian health-care system. Research for Sex Work. p12-14. [Link]
~~M ' ' I

li Chakrapani, V., Shanmugam, M., Michael, S., Velayudham, J., Newman, P. A. (2008). HIV
Testing Barriers and Facilitators Among Populations At-Risk in Chennai, India. Indian Network for
People Living with HIVAIDS: Chennai.
[Link] APCA,S0%20Research%[Link]
iii Beattie, T. S. H., Bhattacharjee, P., Suresh, M., lsac, S., Ramesh, B. M., & Moses, S. (2012).
Personal, interpersonal and· structural challenges to accessing HIV testing, treatment and care
services among female sex workers, men who have sex with men and transgenders in Karnataka
state, South India. J Epidemiol Community Health, .66(Suppl 2).
iv Chakrapani, V., Newman, P. A., Shunmugam, M.., & Dubrow, R. (2011 ). Barriers to free
antiretroviral treatment access among kothi-identified men who have sex with men and aravanis
(transgender women) in Chennai, India. AIDS Care, 23(12), 1687-1694.
v Chakrapani,
..
V., Mehta, S., Buggineni, P., Barr, F. (2008). Sexual and Reproductive Health of
Males-at-Risk in India: Service Needs, Gaps, and Barriers. India HIV/AIDS Alliance: New Delhi.
vi Breaking The. Binary: Understanding concerns and realities of queer persons assigned gender
female at birth across a spectrum of Jived gender identities. A study conducted by LABIA -A Queer
Feminist LBT Collective. 2013.
vii Chakrapani, V. (forthcoming, 2014). Sex Change Operation and Feminizing Procedures for
Transgender women in India: Current Scenario and Way Forward. In Arvind Narrain and Vinay
Chandran (Eds.). Medicalisation of Sexual Orientation and Gender Identity: A Human Rights
Resource Book. New Delhi: Yoda Press. [Link]
viii India HIV/AIDS Alliance. (2013). Transforming Identity: Access to Gender Transition Services
for Male-to-Female Transgender People in India. © India HIV/AIDS Alliance: New Delhi.
http :1/www. all iancei ndi a. org/pu bl icati ons/3865 7-issuebrief_fern inisation_WEB. pdf

ix Adapted from: "Policy brief: Health Policies and Sexual and Reproductive Health Needs of
People Living with HIV and Sexual Minorities in Orissa and West Bengal." Prepared as part of
SAATHII Project in Partnership with Interact Worldwide. Report Prepared by Lead Consultant Dr.
Venkatesan Chakrapani, M.D. March 2011. [Link]
pol icy-research-report. pdf
x Breaking The Binary: Understanding concerns and realities of queer persons assigned gender
female at birth across a spectrum of lived gender identities. A study conducted by LABIA- A Queer
Feminist LBT Collective. 2013.

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..

\So
xi Coleman, E., et al. (2011 ). "Standards of Care for the Health of Transsexual, Transgender, and
Gender-Nonconforming People, Version 7." International Journal of Transgenderism 13(4): 165-232.
httr;rf/www. [Link]/uplpaded fil~s/140/files/IJT%20SOC. %20V7 .pdf
xii Chakrapani, V., Velayudham, J. (2008, January). Whether ICD-10/DSM-IV diagnostic
guidelines and WPATH treatment guidelines on 'Gender Identity Disorders' (GID) are relevant to
India?: Discussion on the need for 'India-specific' guidelines for GID. 8th Annual National Conference
of Indian Psychiatrists Society, Kolkata, India.
[Link]

xiii Harish, D., Chavali, K.H., Singh, A., and Kumar, A. Section 320 IPC - An Appraisal. Anil
Aggrawal's Internet Journal of Forensic Medicine and Toxicology [serial online]. 2013; Vol. 14, No. 1
(Jan- June 2013): [about 6 p]. Available from:
[Link] 014 no 001/papers/[Link].

xiv Christopher P. Houk, leuan A. Hughes, S. Faisal Ahmed, Peter A. Lee and Writing Committee
for the International Intersex Consensus Conference Participants. Summary of Consensus Statement
on Intersex Disorders and Their Management. Pediatrics 2006; 118; 753. DOl: 10.1542/peds.2006-
0737.

xv Singh, Y., Aher, A., Shaikh, S., Mehta, S., Robertson, J., & Chakrapani, V. (In Press, 2014). Gender
Transition Services for Hijras and Other Male-to-Female Transgender People in India: Availability and Barriers to
Access and Use. International Journal of Transgenderism. doi: 10.1080115532739.2014.890559

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Chapter Eleven lS {
Tamil Nadu Transgender Welfare Board

In order to help the Transgender persons lead a decent life and mainstream them
into the society, the Government of Tamil Nadu constituted the Transgender Welfare
Board on 15 1h April, 2008.
-
2. The Tamil Nadu Transgender Welfare Board consists of the Minister of Social
Welfare as its Chairperson, eleven official members and nine non-official members who
are Transgender persons. Its official members are:
. I

1. Minister of Social Welfare Chairperson

Special Commissioner I Secretary Social Welfare & Vice- Chairman

2.
NMP Department
3. Director, Social Welfare Member Secretary

4. Secretary, Finance Department Member

5.

6.
Secretary, Law Department
-
Chairperson, Tamil Nadu Women Commission
Member

Member

7. Chairman, Tamil Nadu Human Rights to Social Member !

· Justice Commission
Managing Director, Tamil Nadu Corporation for Member
8.
Development of Women Ltd.,
9. Director, College Education Department Member

10. Director, Medical Education Department Member

-
Ll.
-- Director, Employment & Training Member

3. The Board initiates welfare programmes for the upliftment ofTransgender

persons. Its other functions are to:
• Obtain funds from the State Government and to distribute to various projects
approved by the Board;
• Issue ID Cards;
• Give financial approval for various Income generating programmes;
• Initiate awareness programmes; and
• Take decision on new initiatives taken by the Department.
..
4. The Government of Tamil Nadu initially designed asurvey format and conducted
a survey of Transgender persons in all districts. Wide publicity was given through District
Administration in this regard. ....

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IS2-
s. In order to enlist the transgender persons as members of the Transgender Welfare
Board and provide them welfare measures, the Government has constituted the District Level
Screening Committees.

6. The District Level Screening Committee comprises the District Collector as the
Chairperson, and Deputy Director, Medical and Rural Health Services, the District Social
Welfare Officer, Clinical Psychologist I Psychiatrist and a representative of the Transgender
Community nominated by the District Collector as members of the Committee.

7. This Committee examines the Trans gender persons and certifies them as Transgender.

8. After certification by the District Level Screening Committee, they are registered with
Transgender Welfare Board and given an identity card. By recognizing them as Transgender,
they are also provided with ration cards, health insurance cards, house site pattas, voter ID,
housing, etc.

9. In order to empower them economically, loan up to Rs.15.00 lakh for Transgender

Persons' Self Help Groups with 25% subsidy and 75% as Bank loan is provided for self-
employment activities by Government of Tamil Nadu. So far, 51 Transgender Self Help
Groups have been sanctioned with 25% of subsidy to the tune of Rs. 55 lakh and Rs.l.45
crore as Bank loan is being distributed for starting various economic activities like provision
stores, rearing of milch animals, canteens, production units (like soaps etc.), napkin, milk
products, plying p~ssengers Autos, load autos and business activities related to cloth, coir,
rice, etc.

10. A sum [Link] lakh was provided in the Revised Budget Estimate 2011-12 for
the welfare of the Transgender persons.

11. In order to provide financial assistance for the aged transgender persons who have
nobody or means to take care of, the Government of Tamil Nadu has introduced the Monthly
Pension Scheme for Destitute Transgender persons.

12. For the [Link] 2012-13, the State Government allocated Rs.1, 17, 59,000 for the old age
pension for destitute Transgender persons, who are in the age group of 40 years and above.
Out of the total budget allotment of Rs.1, 17, 59,000, Rs.35 lakh has been released and
distributed to all District Collectors for provision of monthly pension at the rate of Rs.l 000
per month to 500 Transgender persons.

13. For the year 2013-14, the State Government has allocated Rs.l.28 crore for the old
age pension for destitute Transgender persons, who are in the age group of 40 years and
above. Out of total budget allotment ofRs.1.28 crore, Rs. 89, 16,000 has been released and
distributed to all District Collectors for provision of monthly pension at the rate of Rs.l 000
per month to 743 Transgender persons.

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153
Tamil Nadu Transgender Welfare Board
Expenditure Details
(2011-12, 2012-13)

Budget Expendit
SI. Subject Year Allotment ure
Bene
No. ficiaries
Rs. Rs.

1. a) Educational 2011-12 1.00 *48,250 1

Assistance crore
[@ Rs.1
lakh
allocated for
. education
assistance]

b) ID Cards Issued 2011-12 15,610 487

(Transgender)

c) 25% subsidy for 2011-12 55,44,875 442. I

Transgender SHGs for

economic activities.
Total 56,08,735 930

* Actual claimed.

..

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/&'1
Transgender Pension Scheme ;

Budget
Sl.
Subject Year Allotment Expenditure Beneficiaries
No.
(Rs.) (Rs.)

1. Trans gender' &

pension Scheme 2012 -13 1.18 * 10,00,000 333
(age group crore ** 500
40 and above) 25,00,000

Total 35,00,000 833 :

I

*For three months (August, September, October 2012)

**For five months (November, December 2012, January, Febmary and March 2013)

Budget
Sl.
Subject Year Allotment Expenditure Beneficiaries
No.
(Rs.) (Rs.)

1. Transgender's
pension Scheme 2013 -14 1.28 60,00,000 500
(age group crpre 16,00,000 243
40 and above)

Total 89,16,000 7431

-

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{:55
Details of Welfare Ass! ··~---- ------ hT
Gi-.--- Th -- ------ --- der Welfare Board
No. of' No. of
No. of No. of Self
Transg- No. of Transgender Sewi-
Identified Help Groups Health
ender Identity Persons· for Ration House ng
Sl. No. District Trans- for Insurance
Persons cards 25% Subsidy Trans gender cards Pattas mach-
gender Cards
as per supplied (Self Help ines
Persons Persons
census Groups)
1. Ariyalur 30 24 10 10 2 10 0 0 0
I 2. Chennai 688 638 638 71 6 223 0 17 205
I

3. Coimbatore 332 332 332 12 1 281 29 5 0

4. Cuddalore 185 131 131 11 2 28 43 4 30
5. Dharmapuri 87 87 85 36 3 53 87 5 0

6. Dindigul 148 148 146 10 2 50 29 0 0

7. Erode 164 141 137 31 5 13 102 5 57
8. Kancheepuram 119 85 68 14 1 32 IS 3 0
9. Kanyakumari 41 41 39 . 24 2 39 39 4 0
10. Karur 110 44 29 24 2 28 28 0 0

11. Krishnagiri 32 26 24 0 0 12 15 0 22
12. Madurai 317 237 225 0 4 67 91 4 0
13. Nagapattinam 49 36 28 8 I 17 0 4 0
14. Namakkal 159 123 123 0 0 63 29 4 0
15. Nilgiris 16 I 1 0 0 1 0 0 0
16. Pcrambalur 19 19 19 15 2 17 19 0 0
17. Pudukottai 20 14 14 0 1 10 10 3 0
Ramanathapura
18.
m 104 51 51 15 2 23 21 3 0
" 19. Salem 189 189 182 0 0 80 71 3 5
20. Sivagangai 32 32 32 5 2 18 15 3 10
21. Thanjavur 73 40 40 13 2 IQ 15 I 0
22. Theni 127 125 125 51 5 • 68 72 0 0
23. Thin1ppur 68 45 26 11 3 16 7 4 o.
'
24. Thiruvallur 222 105 105 11 2 48 0 4 105
25. Thoothukudi 68 62 62 0 5 3 0 5 0
26. Thirunelveli 62 62 . 47 16 2 21 12 4 0
Thiruvannamaia
27.
i 133 86 68 5 I 22 57 5 0
28. Thiruvarur 14 14 14 7 I 7 7 0 0
29. Trichy 162 127 121 13 2 60 58 5 13
30. Vellore 181 143 143 0 0 80 20 4 35
31. Villupuram 160 149 148 10 I 86 36 6 76

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rsG
No. of
Transg-
No.
Identified
of
No. of
No.
Trans gender
of
No. of Self
Help Groups
.. Sewi-
Health
ender Identity Persons for Ratioh House ng
Sl. No. Oistrict Trans- for lnSllrance
Persons cards 25% Subsidy cards Panas mach-
gender Transgender Cards
as per supplied (Self Help ines
Persons Persons
census Groll!'s)
32. Virudhunagar 116 114 114 19 2 16 36 3 31
Total 4227 3471 3327 442 64 1502 963 108 589
-~------- -

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{>1-

Chapter Twelve
The Role of Ministry of Social Justice
& Empowerment
l'ft!N!'Illi!Wm~n~al!1~dil~ -~ tll!~r&u rrmv

The Department of Social Justice & Empowerment in the Ministry of Social Justice &
Empowerment should be the nodal agency of the Government of India for the
transgender persons. The Department of Social Justice & Empowerment should
coordinate with various line Ministries/Departments of the Government of India and
State Governments for ensuring welfare measures for the transgender persons.

2. For the above purpose, the Ministry may set up a Standing Coordination
Mechanism in the form of an Inter-Ministerial Committee comprising representatives
of Ministries of Social Justice & Empowerment, Human Resource Development,
Health & Family Welfare, Housing & Urban Poverty Alleviation, Rural
Development, Labour & Employment and the Department ofFinancial Services. The
Committe~ ·may also associate representatives of State Governments by rotation,
representing different regions of the country. The representatives of the transgender
community and experts may also be included as members of the Committee or be
invited as special invitees. This Committee should ensure preparation of time bound
action plans by all concerned Ministries, monitor their implementation status and
suggest measures for removing bottlenecks, if any, encountered during their
representation.

3. A National Council for Transgender Persons may also be considered on

similar lines as [Link] National Council for Senior Citizens.

4. With a view to ascertain a quick estimate of the population of transgender

persons in the country as also their socio-economic condition; the Ministry may, in
collaboration with the Ministry of Statistics & Programme Implementation, carry out
a survey. This may also help the concerned Ministries in preparing appropriate
schemes for improvement of their socio-economic status. This is also mentioned in
the Twelfth Five Year plan document.

5. '
To begin with, the Ministry may consider launching an Umbrella Scheme for
the benefit oftransgender persons with following components:

(i) Scholarship for transgender persons on the lines of similar scholarship

schemes for SC students;

(ii) Loan with 25% subsidy for transgender persons to enable them to take ·
up self-employment ventures;

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/5~
(iii) A pension scheme for transgender persons above 40 years up to 60
years, who for some reasons cannot be assisted under any scheme of
economic empowerment, for ensuring fmancial secm:ity; and

(iv) Grant-in-aid to Voluntary and other Organizations working for

Empowerment of Transgender People, particularly for providing them
'vocational training.

6. As discussed in Chapter seven, the press and media have to play an important
role in sensitizing the society and families on the issues of trans gender persons. The
Ministry, in concert with the Ministry of Information & Broadcasting, may carry out
an intensive publicity campaign for this purpose.

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f>'f

Chapter Thirteen
Summary of Conclusions &
Recommendations
M'/!ll/t11'\"('$'f~~~~-~~~~~~~~~ 'W"'l$©1 Ull$1K~

Definition of Transgender

1. The Committee recommends that the term 'transgender' (not trans*) will be used, as
an inclusive term and will cover various gender identities and expressions, as described in
paragraph 6 of chapter one. It will not be confined to any one of the specific socio-cultural
identity groups, such as hijras, kothis, etc but will include all such persons who fall under the
generic definition oftransgender persons as follows:

Trans gender persons: All persons whose own sense of gender does not match with the
gender assigned to them at birth. They will include trans-men & trans-women
(whether or not they have undergone sex reassignment surgery or hormonal treatment
or laser therapy, etc.), genderqueers and a n~mber of socio cultural identities, such as
kinnars, hijras, aravanis, jogtas, etc. The term 'transgender' shall be construed
accordingly.
'
2. A compilation of all known transgender socio-cultural groups should be prepared &
circulated for guidance of all concerned, with a disclaimer that the said compilation is
"suggestive and not exhaustive and all such persons who qualify as transgender as per the
generic defmition above and pass the mandatory psycho social assessment (see paragraph 5
of Chapter Four) should be categorized as transgender persons." The criterion/test for
qualifying as a transgender person will apply on individual basis and the fact such a person
belongs to a known transgender socio-cultural group will act a corroborative evidence and
not conclusive. As a startiJ?-g point, a compilation of various transgender socio-cultural groups
has been prepared by the Committee, based on available information, and is at Appendix-2.

3. The terms 'sex' and 'gender' should not be used interchangeably (as are often used
presently) and only the term 'gender' should be used in various official documents including
identity documents, application forms, returns, reports, etc. . .
Constitutional protection

4. In essence, the Constitution of India is 'sex blind', that is to say, the basic premise of
equality before the law and equal protection of the law is based on a Constitutional mandate
that the sex of a person is irrel~vant save where the Constitution itself requires special
provisions to be made for women.

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/GO
5. A harmonious readiRg of the Constitutional provisions as well as the provisions of the
Citizenship Act, 1955 and the General Clauses Act, 1897 Act would show that in fact there is
no conflict or limitation imposed on the concept of 'person' by any of these laws and a
Transgender person would undoubtedly fall within the defmition of 'person'. It is evident that
the Constitution of India guarantees right to equality and non-discrimination for all including
transgender persons. '·

Transgender Identity

6. In this regard, the Committee recommends:

i) Transgender should be declared as the third gender, and a Transgender

person should have the option to identify as 'man', 'woman' or
'transgender' as well as have the right to choose any of the options
independent of surgery/hormones. Only the nomenclature
'transgender' should be used and nomenclatures like 'other' or 'others'
should not be used.

ii) Certificate that a person is a transgender person should be issued by a

state level authority duly designated or constituted by respective the
State/UT on the lines of Tamil Nadu Aravanis Welfare Board, on the
recommendation of a District level Screening Committee headed by
the Collector/District Magistrate and comprising District Social
Welfare Officer, psychologist, psychiatrist, a social worker and two
representatives of transgender community and such other person or
official as the State Govt/UT Administration deems appropriate.

iii) The certificate issued as at (ii) above should be acceptable to all

authorities for indicating the gender on official documents like ration
card, passport, birth certificate, aadhaar card, etc.

iv) The third 'gender' identity knownas 'transgender' may be recognized

by a Government order and for the long run; it may be examined
whether a separate law will be desirable for this [Link] this
purpose, Government may refer the matter to the Law Commission.

Inclusive Approach

7. The gen~sis of the problems of Transgender persons in India lie in the stigma and
discrimination they face in the society, resulting in their exclusion from socio-economic-
political spectrum. They are one among the marginalized sections of the society. The solution
of their problems will, therefore, require concerted efforts to mainstream them and adoption
of an inclusive approach in all spheres of life.

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!6 (
8. The Committee is of the view that inclusive approach should be the bedrock of
Government's strategy to mainstream the transgender Community. The Ministry of Social
Justice & Empowerment should take up with all concerned Ministries/Departments of
Government of India and State Governments to include development of transgender
community in their policies, programmes and schemes.

Convergence :Approach

9. The Twelfth Five Year Plan (2012-17); Social Sectors, Volume III has a section on
transgender communities as follows:

"23.71. The Twelfth Plan proposes empowerment of the transgender community by

advocating that line Ministries support their education, housing, access to healthcare, skill
development, employment opportunities and financial assistance. Identification will be
provided for transgendered persons in all Government and non-Government records by
introducing a separate column to include the third gender. The Ministry of Social Justice and
Empowerment along with the Ministry of Statistics and Programme Implementation will
determine the number of transgendered persons in India, map their socio-economic status in
order to create a law to protect interests of the community and improve their living
conditions."

10. In keeping with above intent, the Committee recommends to the Ministry of Social
Justice & Empowerment to seek convergence with other Ministries and their existing
schemes for a more targeted and focused approach towards welfare ofTG community, while
considering an Umbrella Scheme for direct targeted intervention in certain areas.

11. Various tviinistries/Departments of the Government of India are implementing a

number of schemes which target a variety of beneficiaries. In most of such schemes, special
emphasis is given to cover the weaker sections of the society and other disadvantaged groups.
The Expert Committee is of the view that these schemes could be effectively utilized for
providing benefits to such transgender persons who are eligible under those schemes. Some
of such schemes/programmes are mentioned below (list is not exhaustive):

• MGNREGA
• National Rural Livelihoods Mission (NRLM)- AAJEEVIKA
• National Social Assistance Programme (NSAP)
• National Urban Livelihood Mission (NULM)
• Healthcare facilities
• Rashtriya Swasthya Bima Yojana (RSBY)
•
•
National Health Mission (NHM)
National Policy on Skill Development, 2009
..
• Indira Awas Yojana

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(62-
Addressing Stigma, Discrimination and Violence faced by Transgender People

Addressing stigma, discrimination and violence against gender-nonconforming and

transgender children and a'dolescents:
12. Families: Awareness and information are needed for parents to support their gender-
nonconforming or transgender children, setting aside their discomfort and deeply held
normative attitudes. Such information could be made available in health settings (pediatrics,
child development specialties), as well as through educational institutions. · ·

13. Counseling and other mental health services that affirm the child's gender identity are
needed for the children. and their parents alike. The model of parents' support groups
facilitated by the Center for Counselling in Chennai and Swabhava in Bangalore may be
examined for replication by government and civil society groups working for transgender
welfare. ·

14. Besides a supportive family environment, gender-conforming and transgender youth

need counseling and support for their self-stigma, and for coping with the trauma of violence
and abuse. To cope up with trauma and violence crisis counseling services could be set on the
model ofRCICs (rape and crisis Intervention Centres). Such support could be made available
in schools, through various child-welfare services, Childline services and through youth and
suicide prevention helplines. Additionally, existing forums such as the Anganwadi Centres
and Self-Help Groups may be oriented on transgender issues, and involved· in providing
information to parents of gender-nonconforming youth.

15. Educational institutions: Awareness of gender diversity and the need to· safeguard
transgender youth from hostile school environments is a dire need. The recommended
interventions include formation of groups oftransgender children for meetings, holding film
screenings for sensitization of students and staff, setting up of resource centre, augmenting
libraries with books and audio-visual materials on transgender issues, holding periodical
sensitization events by collaborating with organisations working with transgender, and
adopting policies for preventing sexual harassment and bullying of transgender children.
Some schools in Tamil Nadu have initiated efforts in this direction by inviting transgender
spokespersons and counselors to educate their students and staff. The Committee
recommends that these recommendations may be studied by Governments and suitably
adopted for creating a conducive environment for transgender children in educational
institutions.

16. Healthcare: Interventions to reduce discrimination against transgender persons in the

healthcare system have been described in Chapter 10. The authors emphasize here the need to
prevent physical and psychological violence inflicted on gender-nonconforming and
transgender children and adolescents through conversion therapy attempts such as electric
shock treatment.

17. Shelter and Residence: While it is imperative that every effort be made to provide
gender-nonqonforming and transgender children safe residence within their natal homes,
there is a need to ensure that short-stay homes, orphanages, adoption and fostering services
are sensitive to the needs and concerns of such children. There is also a need for sensitization
and capacity building of the caregivers for addressing the concerns of Transgender children
in the institutional setting.

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/6 >
Addressing stigma, discrimination and violence against transgender adults
18. Workplace: In consultation with community groups and human resource professionals
experienced in the area of Diversity and Inclusion, workplaces in public and private sector
need to sensitize employers and employees on issues of transgender persons. Anti-
discrimination policies must be instituted and meaningfully applied to the processes of hiring,
retention, promotion, and employee benefits. Workplace sexual harassment policies should
be made transgender-inclusive.
I

19. Law and Law Enforcement: The legal and law-enforcement systems need to be
sensitized on issues oftransgender people and be empowered to take actions such as:

(i) Criminal and disciplinary action against delinquent police official in cases of
violations of human rights oftransgender persons.
(ii) Taking action against parents who neglect. or abuse their gender-
nonconforming or transgender children and against doctors who practice
electro-shock or other kinds of unethical "conversion" therapy.
(iii) Making free legal aid available to transgender individuals seeking redress
against discrimination and violence.
(iv) Where transgender individuals need to be incarcerated, care must be taken to
ensure they are not in circumstances where they are vulnerable to sexual
assault.
(v) Sexual assault, sexual harassment and domestic violence laws must be made
transgender-inclusive. Presently, Section 375 of IPC, as amended doesn't
cover the trans gender persons as victims of sexual assault (only cis women can
be the victims of sexual assault). Alongside Section 375, another section
should be included to cover the cases of sexual assault on trans gender persons.
(vi) Slurs based on real or perceived gender identity may be included in Section
153A ofthe Indian Penal Code.
(vii) Bureau of Police Research & Training (BPR&D) may undertake a study on
crime against transgender persons, including alleged excesses by Police, with
a view to investigate their causes and suggest preventive measures.
(viii) National Crime Records Bureau may, from now on, collect and compile
statistics of crime against transgender persons, as also about cases registered
against them as accused.

20. For the long run, the possibility of a law to prevent discrimination and atrocities may
be considered.

21. Social Welfare: Policy and institutional reforms that enable access to social protection
schemes, targeting the poor and other at-risk groups, must be made transgender inclusive.
22. Community strengthening and involvement: The capacity of community organizations
to monitor, document and respond to discrimination and human rights. Niolations must be
strengthened. Training in legal literacy, and public speaking for advocacy are needed.
Transgender representation in dialogues around social and legal protection, policy and legal
reform, and public Synsitization is necessary.

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(64
23. Housing: Given the poverty experienced by many trans gender people, and
discrimination encountered in finding housing, it is imperative that the Ministries of Rural
Development and that of Housing and Urban Poverty Alleviation ensure that housing
assistance schemes help transgender people to obtain non-discriminatory and safe housing.

24. Media and Society: ):'ransgender human rights issues must be highlighted in the media
and other public forums so as to improve public awareness, and increase transgender people's
ability to realize those rights. Stigmatizing coverage in the media must be curbed.

Elderly Transgender People

25. There is a need for pension scheme for elderly transgender peo.P,le regardless of
gender assigned at birth, adopting a model such as that available for MtF. transgender people
in Tamil Nadu, as well as non-discriminatory and affordable housing schemes.
Suggested Approach to Mainstream Transgender People with Education System

26. There is an urgent need for addressing the community's concerns in education sector
in a holistic way that implies giving attention to Access, Equity, Environment and
Employment. Addressing stigma and discrimination at early stage will help in bringing
transgender children to school and retaining them upto the higher level. The following
strategies can be considered:

Ensure equal access to educational opportunities at all levels without stigma and
discrimination: Affirmative actions are needed to reduce stigma and discrimination associated
with the community. Schools and colleges need to play a supportive role in such instances.
There has to be proper sensitization of society in general and particularly parents, teachers
and students.

The fulfillment of the obligations under Right to Education (RTE) Act is critical for
the improvements in the educational conditions oftransgender community.

Enhance understanding on transgender issue: Better understanding of socio-cultural

and human rights aspects would help in attitudinal shift towards the transgender community.

Dropout of transgender persons from schools - not by choice but by force: Dropout
has to be seen fi·om different perspective. The transgender persons do not dropout from
schools not by choice but by force due to acute discrimination and abuse. The perception of
dropout may require review and reform of structural constraints, legal procedures and
policies that impede access to mainstream education.

Ensure safety oftransgender children in educational institutions: Transgender children

face physical, mental and emotional violence forcing them to leave. Proper mechanism has to
be evolved to ensure their safety. This also requires fixing the responsibility.

Sensitization towards transgender community should be an integral part of student

counselling ~t schools. The transgender persons also f~el that their student community should
be given adbquate opportunity to interact with trained counsellors as they undergo a lot of
gender dilemmas.

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• Contents on transgender can be included in the curriculum of adolescent education in
schools to sensitize children .. This can become an effective step to address the
stigma/discrimination at schools.

Activities organized at schools to be inclusive to ensure participation of all children.

This will enable other children to understand better and give space for the transgender
children in their friendship. School Management Committee (SMC) members in their training
programmes should include separate sessions on the issues/challenges faced by transgender.
SMC members should also talk to community members to create greater awareness.

Mainstreaming oftransgender persons can also b'e done by institutions and individuals
working in tlle e~ucation sector, particularly NGOs and activists through advocacy and
capacity building .

.• Review the existing schemes (Education and Training): Educational and training
schemes/programmes like Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha
Abhiyan (RMSA), Jan Shikshan Sansthan (JSS) at various levels i.e. primary, secondary and
senior level need to be reviewed to include the concerns oftransgender persons. M/o Human
Resource Development (MHRD) may take up this with the States. MHRD through National
Council for Teacher Education may take up sensitization of teachers through a series of
training programmes for which a separate module can be .prepared. Since SSA is a vehicle for
implementation ofRTE Act, as per the mandate all children6-14 years of age have a right to
education. States can include transgender children among disadvantaged groups so that they
are also admitted in private schools under section 12(1) (c) ofthe RTE Act.

There is a need to harmonize different schemes available for children to make them
suitable and accessible to transgender children. The Juvenile Justice Act (JJA) should also
address the concerns oftransgender children and sho_uld be suitably modified/amended.

Development of community friendly customized pedagogy for skill based learning:

Vocational skill development training should be provided to the community for introduction
of new skills or 'providing additional skills for those who have skill in a particular vocation
which can enable them to look for better job opportunities and economic empowerment. The
tailor-made skill based training programmes need to be developed with the help of Jan
Shikshan Sansthans, NSDC and lifelong learning programmes of universities and colleges.

Financial incentives/scholarship for the transgender persons: Government should

provide scholarship/entitlements, fee-waiver, free textbooks, free hostel accommodation and
other facilities at Stlbsidized rates for students belonging to this group.

Establishment of anti-discrimination cell: All the educational institutions/universities

should establish an anti-discrimination cell to monitor any form of discrimination/harassment
against the transgender students.

Create an enabling environment: There is a need to work closely with community and
different school based committees like School Management Committee (SMC), village
management committee as recommended under the RTE Act.

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Section 317 of the IPC: Abandonment of child is a punishable offence under Section
317 of the IPC if the child is abandoned under the age of twelve years. However, the
abandonment of transgender children takes place usually between the age of twelve &
eighteen years. The Ministry of Home Affairs (MHA) may be requested to consider
enhancing the age of child for this offence to eighteen years.

Research: Generate more data/information to identify and understand the problems

related to various aspects of their life and help frame policies through research and academic
programme that would bring an effective and long-term change in their lives.

Suggested Approach for Improving Employment opportunities for transgender persons

27. Following approach is suggested: ..

Create opportunities for Information and counselling

Establish Helpline· for Career Guidance, Promotion and online Placement Support

Capacity Building and Entrepreneurship Development

Liberal credit facilities and other needed support for economic activities

Provision o_f social entitlement to the community

Convergence with existing schemes of Ministry of Social Justice & Empowerment

(MSJE): MSJE may explore the possibility of widening the mandate of one of the
Corporations for providing the economic support to transgender community.

Vocational Skill Building: Design customized vocational training programmes for the
transgender community as per their needs and interest and establish effective linkages with
vocational training"centers run by private and government agencies.

Create a supportive Environment: The efforts should be made to sensitize all

concerned stakeholders like government officials in relevant departments, banks, private
employers, corporate, community leaders like Gurus.

Convergence with existing schemes: Mention of transgender community across all

existing schemes specially centrally sponsored schemes like National Livelihood Mission,
NREGA, NFDC will help in giving them due recognition.

Adopt good model/intervention: There are some good models like Transgender
Welfare Board in Tamil Nadtl which helps through Self-Help Groups for economic security
of this community. The Board provides 25% subsidy to such SHGs for starting self-
employment. The proven models can be adopted by other States also.

Transgender Adolescents, Youth and Young Adults

28. The international and therefore the nationally accepted formula for looking at issues
pertaining to children, adolescents and young adults r~mains the best interests of the child, in

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the expectation that no child, adolescent or young adult is allowed to fall through the cracks.
The right to education framework entitles that they stay in schools which have a supportive
and nurturing environment, with adequate training and protection given to the system to
ensure that the high instances of reported -bullying, abuse and coercion into accepting forced
gender roles are removed from that young person's life. World over, in countries where
research and stlJdies have been done, there is documented evidence that young transgenders
are at considerable risk to many things - loss of family, loss of education, bullying,
depression, assault, violence and the risk of suicide because supporting frameworks do not
exist or because they are unable to access it.

29. The Medical Council of India along with leading mental health institutions and
organizations working on transgender issues should 4evelop practice protocols for the care of
transgender adolescents/ youth under the age of 18. Thls would also involve development of
detailed protocols for counseling of family members of adolescents and SRS related
guidelines for adolescents. It is also pertinent to note that in India, for any surgery to be done
· on an individual, the age of consent for thai person is 18 years, and if younger, parental/
guardian consent is necessary. International guidelines and best practices lessons learned will
also help our country achieve this standard when setting the age threshold. Some ofthe other
issues are:

Deliberately incorrect and disrespectful use of names and pro!louns

Lack of access to appropriate restroom facilities

Privacy and Confidentiality

Highest standards of health care- including psycho

Lack of role models; lack of accurate information

.;_·
Transgender awareness training for faculty, staff, and administrators from a qualified
community-based trainer

Access to Healthcare: General Health Services (PhysicaVMental), and Gender

Transition Services (including Sex Reassignment Surgery)
'
Improving access to and use of general health services for male-to-female transgender
people

30. All public hospitals need to have hospital policies on registration and admission of
transgender people, training and sensitization of the health care providers about trans gender
people and their health issues, and the need to educate the general public (here, co-patients
and relatives/care-givers in hospitals) about transgender people.

31. As a trans gender person can be a sex worker and HIV -positive, within the health care
settings, steps need to be taken to decrease stigma faced by transgender people in relation to
these intersecting stigmas (stigma related to being transgender, sex work and HIV status).

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lmproving access to and use of gender transition-related health services for
transgender people·

32. The common gender transition-related service needs of transgender people

are summarized in the Table below:

Table 10.1: Gender transition-related needs of transl!ender people

Gender
transition- MtF transgender people FtM transgender people
related needs
Common needs • Proper counselling about options available in relation to
gender transition
..
• Proper post-operative follow-up .counselling and support

Types of surgical • Neovagina creation • Bilateral mastectomy

procedures
(construction of a vagina) (removal of the breasts)
required
• Hysterectomy (removal
• Penectomy (removal of the of the uterus)
penis)
• Oophorectomy (removal
• Orchidectomy (removal of
of the ovaries)
the testes)
• Phalloplasty
• Clitoroplasty (construction
(construction of penis)
of a clitoris)
• Breast augmentation (breast
enlargement)
• Rhinoplasty (reshaping the
nose)
• Hair transplants

Types of non-1 • Female hormone therapy • Male hormone therapy

surgical • Hair removal: Electrolysis • Voice modulation: Vocal
procedures
and
- .. _,
las!'lr__ therapy ,. [Link] ';'·t. ;';dif
required . .
.:-~--·· ··-~,,,, . .·· .. -~

• Voice modulation: Vocal

therapy

33. The following recommendations are made for consideration of the Ministry of
Health:

1. To prepare a policy statement (and/or an executive government order) on

providing essential gender transition services, including SRS, in suitable public
hospitals

2. To prepare national clinical guidance (standards of care) document in line with

....
the international WP ATH guidelines ·

3· To provide penectomy/orchidectomy (removal of male external genitalia) for

people who are confirmed to be '[MtF] transgender people', based on clinical
diagnostic criteria

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4. To prepare policy guidelines for ·providing gender transition services in public
hospitals (e.g., which hospitals, whether gender transition services will be free or
subsidized)
5. To train relevant health care providers on offering gender transition services
6. To develop national guidelines on clinical management of people with intersexed
conditions (now called 'Disorders of Sex Development')

Enabling better understanding and enhancing competency among health care providers
(HCPs) in dealing with some transgender-specific health issues

34. To improve better understanding of the health issues of transgender people and to
make health care settings welcoming and non-discriminatory, the following steps need to be
taken:
• Curriculum and Training on transgender health ,
• Transgender-friendly hospital policies/guidelines
• Non-discrimination policy/guidelines
• Research and evidence-base to promote trans gender health

The Role of Ministry of Social Justice & Empowerment (MSJE)

35. The Department of Social Ju~tice & Empowerment in the Ministry of Social Justice &
Empowerment should be the nodal agency of the Government of India for the transgender
persons, The Department of Social Justice & Empowerment should coordinate with various
line Ministries/Departments of the Government of India and State Governments for ensuring
welfare measures for the transgender persons.

36. For the above purpose, the Ministry may set up a Standing Coordination Mechanism
in the form of an Inter-Ministerial Committee comprising representatives of Ministries of
Social Justice & Empowerment, Human Resource Development, Health & Family Welfare,
Housing & Urban Poverty Alleviation, Rural Development, Labour & Employment and the
Department of Financial Services. The Committee may also associate representatives of
State Governments by rotation, representing different regions of the country. The
representatives of the trans gender community and experts may also be included as members
of the Committee or be invited as special invitees. This Committee should ensure preparation
of time bound action plans by all concerned Ministries, monitor their implementation status
and suggest measures for removing bottlenecks, if any, encountered during their
representation.

37. A National Council for Transgender Persons may also be considered on similar lines
as that of the National Council for Senior Citizens.

38. · With a view to ascertain a quick estimate ofthe population oftransgender persons in
the country as also their spcio-economic condition; the Ministry may, in collaboration with
the Ministry of Statistics & Programme Implementation, carry out a survey. This may also

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help the concerned Ministries in preparing appropriate schemes for improvement of their
socio-economic status. This is also mentioned in the Twelfth Five Year plan document.

39. To begin· with, the Ministry may consider launching an Umbrella Scheme for the
benefit oftransgender persons with following components:

(i) Scholarship for transgender persons on the lines of similar scholarship

schemes for SC students;

(ii) Loan with 25% subsidy for transgender persons to enable them to take
up self-employment ventures;

(iii) A pension scheme for transgender persons above 40 years up to 60

years, who for some reasons cannot be assisted under any scheme of
economic empowerment, for ensuring fmancial security; and

(iv) Grant-in-aid to Voluntary and other Organizations working for

..
Empowerment of Transgender People, particularly for providing them
vocational training.

40. As discussed in Chapter seven, the press and media have to play an important role in
sensitizing the society and families on the issues of trans gender persons. The Ministry, in
concert with the ·Ministry of Information & Broadcasting, may carry out an intensive
publicity campaign for this purpose.

******

'

>

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Appendix-1

Persons with Intersex Variations

Though many people believe that all infants are born clearly male or female, in fact Nature is
not so binary-minded. At least one in every 2,000 children is born with a sexual anatomy that
mixes male and female characteristics in ways that make it difficult, even for an expert, to
label them male or female. Although no one is ever born with two full sets of genitals, male
and female, some intersexed infants may have ambiguous genitalia, such as a penis that is
judged "too small" or a clitoris that is judged "too large."

Parents concerned about .their infant's health and well-being are often frightened by this
variation. Although genital ambiguity does not in itself represent a health problem, parents
often fear that their children will be adversely affected by being different, or that somehow
the child will grow up to be lesbian or gay.

Some intersexed people are born with genitals that look like most girls' or boys' genitals, but
may have internal. reproductive organs usually associated with the other sex. Others have
bodies that do not spontaneously go through puberty, or that exhibit pubertal changes many
years ahead of the usual schedule, or go through pubertal changes usually associated with the
/ opposite sex, or experience some of the pubertal changes of both sexes. Conditions such as
congenital absence of the vagina (1 in every 5000 female births) and hypospadias, in which
the urethral opening does not occur at the tip of the penis (1 in every 200 male births), are
also considered by many physicians to be intersexed conditions.

Around the late 1950s, it became widespread practice to subject intersexed children to
surgeries and hormone· treatments intended to ensure that the child is viewed as clearly
female or clearly male. These procedures are not medically necessary; instead, they are
designed to make the child's genitals look more "normal." In recent years a growing number
of people who were subjected to genital surgeries. as infants and children have spoken out
against these medical interventions as harmful, unethical, and based upon nothing more than
social prejudice. Their voices have now begun to create dissent among the doctors who
recommend and, perform these surgical interventions. Medical practice has been based upon
the idea that sexual ambiguity is shameful and must be surgically "disappeared." For that
reason, doctors have been taught that they must not give intersexed children or adults
accurate information about procedures, or about ·their medical history. Often intersexed
people are able to adapt somewhat to their assigned gender, but sometimes this does not work
out the way the doctors believe it will. Sometimes the person's gender turns out to be the
opposite of their surgically assigned sex; in other cases, the person always feels "in between."
Some intersexed people have a problematic relationship with their own genitalia, and struggle

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/'7-2-
with doubts about their ability to relate intimately with other people because of surgically
created sexual dysfunction.

A sense of inadequacy created by years of disapproving medical attention to their bodies, 15

and a medical posture that sexual ambiguity is shameful and freakish can create severe
problems with self-esteem. In some cases, intersexed people must undergo the same medical
treatments as transsexual people and face the same social obstacles and prejudices.

The view that there is a continuum of sexual development along which all individuals fall, is·
parallel to the contemporary understanding that gender identity and sexual orientation also
reside on a continuum. Contemporary theorists hold that every point on this continuum is a
manifestation of human diversity-not a matter of "correct or incorrect" or "right or wrong,"
but just what happens in life. These views have been quickly gaining favor in the
medical/psychological profession since the advent of an organized self-advocacy movement
by intersexed people, led by the Intersex Society of North America.

..
Please also see:

[Link] wpath. org/

[Link] resources definiton of terms

[Link] intersexinitiative. org/articles/[Link]

[Link]

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1'7--3
Appendix-2

Transgender Communities in India

Kothi: A local language term used in South East Asia to refer to PAGMB(Person Assigned
Gender Male at Birth), who identify with characteristics, roles and behaviors conventionally
associated with the feminine. Kothis have also been defined as effeminate PAGMBs, who
like to cross dress and see themselves as women and use the female pronoun to describe
themselves. They may take on this identity only while among their peers, but may continue to
dress and act like men otherwise. Kothi persons present themselves as males in most spheres
of their lives and only reveal their feminine identity in certain social circles, unlike Hijra (see
below) identified persons who present themselves in their feminine attire all the time. Despite
this difference, in present times, the two identities may often overlap, especially in terms of
the social and community networks they are associated with.

Hijras: Hijras are biological males who reject their 'masculine' identity in due course oftime
to identify either as women, or "not-men", or "in-between man and woman", or "neither man
nor woman". Hijras can be considered as the western equivalent of transgender/transsexual
(male-to-female) persons but Hijras have a long tradition/culture and have strong social ties
formalized through a ritual called "reet'' (becoming a m'ember ofHijra community). There are
regional varidtio:qs. in the use of terms referred to Hijras, for example, Kinnars (Delhi) and
Aravanis (Tamil Nadu) (See below). Hijras may earn through their traditional work: 'Badhai'
(taking money from hosts at auspicious occasions like weddings etc), blessing new-born
babies, or dancing in ceremonies. Some proportion of Hijras engage in sex work for lack of
other job opportunities, while some may be self-employed or work for non-governmental
organisations.

Aravanis and 'Thirunangi': Hijras in Tamil Nadu identify as "Aravani". Tamil Nadu
Aravanigal Welfare Board, a state government's initiative under the Department of Social
Welfare defines Aravanis as biological males who self-identify themselves as a woman
trapped in a male's body. Some Aravani activists want the public and media to use the term
'Thirunangi' to refer to Aravanis.

Jogtas/Jogappas: Jogtas or Jopgappas are those persons who are dedicated to and serve as a
servant of Goddess Renukha Devi (Yellamma) - whose temples are present in Maharashtra
and Karnataka. 'Jogta' refers to male servant of that Goddess and 'Jogti' refers to female
servant (who is also sometimes referred to as 'D~vadasi'). One can become a 'Jogta' (or
Jogti) if it is part of their family tradition or if one finds a 'Guru' (or 'Pujari') who accepts
him/her as a 'Chela' or 'Shishya' (disciple). Sometimes, the term 'JogtiHijras' is used to
.
denote those male-to-female transgender persons who are devotees/servants of Goddess
Renukha Devi and who are also in the Hijra communities. This term is used to differentiate
them from 'Jogtas' who are heterosexuals and who may or may not dress in woman's attire
when they worship the Goddess. Also, that term differentiates them from 'Jogtis' who are
biological females dedicated to the Goddess. However, 'JogtiHijras' may refer to themselves
as 'Jogti' (female pronoun) or Hijras, and even sometimes as 'Jogtas'.

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Shiv-Shakthis: Shiv-Shakthis are considered as males who are possessed by or particularly
close to a goddess and who have feminine gender expression. Usually, Shiv-Shakthis are
inducted into the Shiv-Shakti community by senior gurus, who teach them the norms,
customs, and rituals to be observed by them. In a ceremony, Shiv-Shakthis are married to a
sword that represents male power or Shiva (deity). Shiv-Shaktis thus become the bride of the
sword. Occasionally, Shiv-Shakthis cross-dress and use accessories and ornaments that are
generally/socially meant for women. Most people in this community belong to lower socio-
economic status and earn for their living as astrologers, soothsayers, and spiritual healers .

..

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11--.5 Appendix-3
U.S. Policy Regarding Transgender Community (As in November, 2013)
Transgender: Tra~sgender individuals are recognized as those with a gender identity that is
different from the sex assigned to them at birth. An individual assigned the male sex at birth
but who self-identifies as female is a transgender woman. Likewise, an individual assigned
the female sex at birth but who self- identifies as male is a transgender man. Some
individuals who would fit this definition of trans gender do not identify themselves as such,
and instead identify themselves simply as men and women, consistent with their gender
identity.

It is the policy of the U.S. Federal Government to treat all of its employees with dignity and
respect and to provide a workplace that is free from discrimination, whether that
discrimination is based on race, color, religion, sex (including gender identity or pregnancy),
national origin, disability, political affiliation, marital status, membership in an employee
organization, age, sexual orientation, or other non-merit factors.

In the United States, classifying a person's sex as male or female is a power left to the
jurisdiction of the states. The requirements and procedure to change the sex designation on a
birth certificate vary from state to state. The majority of states, with the exception of Idaho,
Ohio,.
Kansas, Tennessee, and Oklahoma, permit name. I
and sex change on a birth certificate,
either through amending the existing birth certificate or by issuing a new one. Texas allows
necessary changes to a birth certificate, including amendment of sex, if a court order is
presented.

The State Department, which determines what identifying biographical information is placed
on _passports, amended the policy on gender changes in June 2010 to allow permanent gender
marker changes to be made with a physician's statement indicating that the applicant has had
appropriate clinical treatment for transition to the new gender.

Twenty-one U.S. states and the District of Columbia have laws prohibiting workplace
discrimination based on sexual orientation, while 17 states and the District also bar
discrimination based on gender identity. On November 8, the U.S. Senate passed the
Employment Non-Discrimination Act (ENDA), by a vote of 64 to 32. At the Federal level,
ENDA would bar employers from discriminating based on sexuality and gender identity. The
draft legislation is now with the U.S. House of Representatives, where it has not yet been
taken up for a vote. Currently, there is no federal law designating transgender as a protected
class, or specifically demanding equal treatment for transgender individuals.

The Department of Justice Civil Rights Division's primary responsibility is to protect the
rights of lesbian, gay, bisexual, transgender, and Intersex (LGBTI) individuals. The Division
enforces a number of laws that prohibit various forms of discrimination in areas covering
I

education, employment, housing, police practices and other Department-funded programs.

Although these laws do not explicitly refer to sexual orientation or gender identity, they
prohibit sex discrimination, which protects all people (including LGBTI people) from gender-

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based discrimination, including discrimination based on a person's failure to conform to
stereotypes associated with that person's real or perceived gender.

• Education: The .Division enforces Title IV of the Civil Rights Act of 1964, which
prohibits discrimination on the basis of sex (among other factors) in public schools,
colleges, and universities. The Division, in partnership with the Department of
Education, also enforces Title IXX of the J?ducation Amendments of 1972, which
prohibits sex discrimination in federally funded educational programs and activities.
Both laws prohibit severe or pervasive harassment based on a student's gender,
including nonctmformity with gender stereotypes.
• Employment: The Division enforces Title VII of the Civil Rights Act of 1964 against
public employers. Title VII prohibits discrimination in the workplace, including sex
discrimination in recruitment, hiring, assignments and promotions, and pay and
benefits. It also prohibits gender-based harassment and retaliation for complaining
about discrimination.
• Housing: The Division enforces the Fair Housing Act and the Equal Credit
Opportunity Act, which prohibit discrimination, including sex discrimination, in the
sale or rental of housing and in other residential real-estate transactions.
• Police Practices: Ihe Division enforces laws that prohibit discrimination and other
misconduct by police. Prohibited practices include, among other things, anti-LGBTI
harassment or abuse by police officers and bias in police investigations, including thv
failure or refusal to investigate certain kinds of crimes or to respond to complaints by
LGBTI victims.
• Hate Crimes: The Division enforces the Matthew Shepard and J~mes Byrd, Jr. Hate
Crimes Prevention Act, which criminalizes acts of violence that cause bodily injury
(and attempts .to qo so with a dangerous weapon) when motivated by a person's actual
or perceived sexual orientation or gender identity.

President Obama's December 6, 2011 memorandum "International Initiatives to Advance the

Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons" formalized a "whole of
government" approach by directing all agencies working abroad to ensure that U.S.
diplomacy and foreign assistance promote and protect the human rights of LGBT persons.
President Obama made it clear that "the struggle to end discrimination against LGBT persons
is a global challenge, and one that is central to the United States commitment to promoting
human rights." Through the memorandum, he directed U.S. agencies to combat
criminalization of LGBT status or conduct abroad, protect vulnerable LGBT refugees and
asylum seekers, use foreign assistance to protect human rights and advance
nondiscrimination; develop and implement swift responses to human rights violations against
LGBT persons, and engage international organizations in the fight against LGBT
discrimination.

The State Department's priorities for advancing the human rights of lesbian, gay, bisexual,
and transgender (LGBT) persons abroad are to eliminate violence and discrimination based

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{~
on sexual orientation and gender identity. This includes encouraging governments to hold
perpetrators of violence against LGBT individuals accountable, encouraging governments to
decriminalize LGBT status and conduct, and engaging the public to promote acceptance of
LGBT individuals. Human rights are universal - no group or individual falls outside the
framework of human rights protections. As Former Secretary Clinton wrote in a 2010 cable,
"In America and in the pursuit of the foreign policy of the United States, distinctions based
on race, ethnicity, . gender, ability, religion, sexual orientation and gender identity are
irrelevant to a person's entitlement to the protections of human rights. In our work as a
department, we must openly and explicitly affirm our commitment to the human rights of all
persons, including LGBT people."

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1-=Pb Appendix-4

Options for recognition of gender identity oftransgender people in India:

Parameters/Criteria that can be considered

Parameters/Criteria Option 1 -Recognition Option 2 - Option 3 -

of gender identity of Recognition of gender Recognition of gender
transgender people as identity of transgender identity of transgender
women or men people as third gender people based on their
choice - women/men
or third gender

Citizenship Citizen oflndia Citizen oflndia Citizen of India

Age limit Above 18 years Above 18 years Above 18 years

Diagnosis of gender Medical certificate that Affidavit that such a Affidavit by the trans
dysphoria/Self- the person deeply person is a 'third person, along with
identification identifies with the gender' or affidavits by friends or
gender of his or her 'transgender' (if seen community members,
choice and hence to be as a separate gender that the applicant is
legally recognized as category) given by man or woman or third
that self-identified trans community gender/transgender.
gender. members/leaders who For recognition as man
know the person as a or woman, a medical
transgender or third certification process
gender person. would be required.

Requirement for SRS lf the person desired, Not a pre-requisite Not a pre-requisite for
and/or hormonal hormonal therapy can trans persons who do
therapy be provided, unless not . want to be
there are medical recognized as man/
contraindications. woman.

SRS: Either
undergone SRS or
emasculation

Valid medical
certificate by one or
more members of a
teamofSRS
providers to this effect
to be produced.

Parents' or Legal Not I necessary for I Not necessary for Not Inecessary for
guardian's consent people aged above 18 people aged above 18 people aged above 18
years. years. years.

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f1C{. Appendix-5

Approach Paper on Education and Employment opportunities &

Challenges for Transgender
. :·-.

' ~ '

National Expert Committee on Issue~ of Trans gender Persons

Ministry of Social Justice and Empowerment, Government of India

New Delhi
November, 2013

Prepared by:

Dr Rajesh (Head) and· MD Aslam Naved (Research Scholar)

Department of Adult Continuing Education and Extension
Faculty of' Social Science
University of Delhi, Delhi

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. .
Exploring Education and Employment Opportunities for Transgender in India

Background and Rationale

The Transgender community is one among the most marginalised and vulnerable
communities in India. They face high levels of stigma in almost every sphere of their life
such as hea,lth, schools/colleges, employment, social schemes and entitlement. Extreme social
exclusion diminishes self-esteem and sense of social responsibility. The community needs to
be included in the mainstream development program of the country and be protected from all
forms of abuse and exploitation 1•

This paper is as a step towards enhancing the participation of transgender in mainstream

education including higher education, professional education and employment. The paper has
analysed the present educational and employment status of trans gender community in India,
the social, cultural and educational factors and forces hindering their participation in
education and employment against the backdrop of existing policies, programmes and
schemes. The paper has attempted to build extensive information on the status of trans gender
community in education and employment to facilitate the work of policy makers, planners
and researchers and for generating better understanding of their present situation and specific
needs.

The authors have analysed and interpreted the existing data available from primary and
secondary sources, official·documents, reports and earlier studies on transgender community.
The focus group discussion (FGD) with community members, stakeholders also helped
increase our understanding on the issues related to education, both general and specific .

..
Section I: Inclusive Education for Transgender Community
Every child of the A!Je of six to fourteen years shall have a right to free and compulsory
education in neighbourhood school till completion of elementary education 'Section 3(1),
Right to Education Act, 2009', Government oflndia.

'The education of the child shall be directed to the development of the child's personality,
talents and mental and physical abilities to their fullest potential' Article 29, United Nations
Convention on the Rights of Child (UNCRC) 2, 1989

1From Wikipedia, free encyclopedia for the channel 4 documentary about voluntary eunuchs, see Eunuchs
(Channel4 Documentary)

2http ://www. ohch r. org/E N/P rofessi on aII nterest/Pages/CRC. aspx

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I$ 1
The United Nations Convention on the Rights of Child, 1989 (UNCRC) and the
'Constitution of India consider 'education' as a fundamental right for children3 .
Government of India promulgated Right to Education Act (RTE) 2009 to re-
affirm its commitment to provide free and compulsory education to children up to
the age of 14 year. Promulgation of a separate Act further provided impetus to the
government efforts in providing free J;:ompulsory education to children, as it has
now become constitutional obligation for the state to provide free education.

India ha's achieved significant growth and development. It has improved on

crucial human development indices such as levels of literacy, education and
health. There are indications, however, that not all disadvantaged groups have
shared equally the benefits of the gro\:vth process. Amqng these, the transgender
community, one of the marginalized and vulnerable communities in the country is
seriously lagging behind on human development indices including education.
What is appalling is that despite affirmative action (reservation policies, Right to
Education, etc.). the disparities remain substantial among the transgender
community in India. Majority of the·-population is uneducated or undereducated
thereby excluding them from participating in social, cultural, political and
economic activities. Along with teachers' apathy towards transgender community,
exclusion from society, poverty, continued discrimination, violence are some of
the important factors which can be attributed to the poor participation of
transgender persons in educational activities.

Some chilling facts are:

•!• Transgender persons face high level of stigma and Physical, sexual, emotional
violence, violence in terms of neglect and discrimination in educational
institutions leading to most of them...dropping out of their studies

•!• Exclusion from society and family is one of the main hindrances for accessing
education

•!• The insensitive teachers and stafftowards the community have adverse impact on
the continuity of a trans gender persons in an educational institutes

•!• The low level of education either push them to other occupation like sex work
making them vulnerable to HI and Sexual Transmitted Infection 4, or force them
to take sub optimal jobs like [Link] etc.

3The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of
India to provide free and compulsory education of all children in the age group of six to fourteen years
as a Fundamental Right in such a manner as the State may, by law,
determine.[Link] in/sites/upload files/npilfiles/coi part [Link]

,.
4Sexually transmitted infections (STis) are infections that are spread primarily through person-to-person sexual contact.
There are more than 30 different sexually transmissible bacteria, viruses and
parasites.[Link] transmitted infections/en/

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PROBLEM ANALYSIS AND GAPS Jr52--

High level of stigma, discrimination 5 and violence: Hijra/Transgender community faces
high level of stigma and discrimination in almost every sphere of their life making
educational opportunities inaccessible to them Transgender persons face, especially in their
growing up years - physical, sexual, emotional violence, violence in terms of neglect and
discrimination as well. They often experienced loneliness and abusive treatment, not allowed
to share with classmates, both in the classroom and the playground.

Families and schools can both be seen as extremely violent sites for children and also adults
at later stages. The teachers accused effeminate boys of violating school and societal decorum.
These are some of the main factors forcing them to leave schools or other educational
institutes at an early stage

High dropout rate and lower average of [Link]: Deprived from family and school
environment, transgender discontinue their education and risk their future career opportunities. A
close analysis of various reports and discussion with community and stakeholders suggest
that transgender. are most uneducated or undereducated, become reluctant to continue
schooling. The average qualification is secondary (Matric) or senior secondary level. The
enrollment is significantly low and dropout rate at the primary and secondary level is still
very high. Therein bridging the gap of gender disparity and social exclusion remain a huge
challenge for the community

Absence of community sensitive teachers: Influenced by predominant norms and values of

society, teachers accused transgender persons. The insensitivities of teachers and staff
towards the community have adverse impact on the mainstreaming transgender persons in
educational institutes. The teachers and staff do not have adequate knowledge and
sensitivities about the community to support the transgender community in making education
accessible and mainstream them into the system. The transgender person who is already
excluded from the family and society does not find any support with the teachers and
therefore forced to discontinue the education in between.
..
Social structure of Hijra/TG Community: The Hijra/TG community has a unique social
structure and community norms 6. These norms vary from Gharana (clans) to Gharana and are
determined by various factors like their culture, norms and economic factors. The social
hierarchy and community norms among Hijra communities influence their behaviors and
decision making ability both pQsitive and negative. However, most of the community
members feel that these norms sometime becomes too strict and are not supportive for
mainstream efforts or allow them to explore other opportunities and lean other skills.

5Terminology guidelines, UNAIDS (October 2011, page 27) :Discrimination refers to any form of arbitrary distinction,
exclusion, or restriction affecting a person, usually but not only by virtue of an inherent personal characteristic or perceived
belonging to a particular group

6 Mostly Hijra live and work under a guru who is a senior hijra, called 'mother' of a group ofhijra. The hijra who are under

this guru are called chela that mean 'child'. Guru and chela relationship always go through some disciplines and rules in
their community.

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.. I 9, 3
Lack of skill based education opportunity: One of the serious gaps in our education system
is the absence of a skilled based education opportunity especially at the secondary level. In
India, as the children move to the higher classes the learning gap increases especially among
weaker section/disadvantaged groups, which either results into higher drop out or creation of
an unproductive workforce with iittle skill to sustain in the Job market. By providing
opportunity for skilled based education at secondary and higher secondary level, these glaring
gaps in the education system particularly for the transgender community can be addressed.

An Approach to mainstream the community in the Education System

In the midst of our many achievements in education sector, there lies a severe flaw in our
approach to deal with the issue of inequality and inclusive education for the community.
There is no contrary belief that addressing stigma and discrimination at early stage has been a
huge problem in bringing transgender children to school and retaining them to the higher
level. ·

The transgender community experts also argue that there is an urgent need for addressing the
conununity concerns in education sector in a holistic way-that implies giving attention to the
Four core issue of:- Access 1, Equitl, Enabling Environment 9, and Employment.

The policy and programmatic framework on education has to ensure that all the important
aspects as highlighted above are addressed to improve access and infuse equality in our
education sector (primary, secondary and higher level). The framework should address the
aforesaid .four core areas in education s~ctor to ensure that a holistic approach is being
adopted in addressing the gaps. The framework will revolve around four pill?-rS which are
dwelled upon as;

~--'

7 Accessibility indicates that the educational system is non- discriminatory and accessible to all, and that positive steps are
taken to include the trans gender persons.

8 Equity looks into the dimensions of disadvantage, social exclusion, gender disparity, and special needs for marginalized

section like Trans gender persons and other neglected groups. It focuses on gaps in .enrolment, infrastructural provisioning,
management, and governance issues social groups (teachers, students), training, motivation and so on

9Enabling Environment refers to supportive environment that harmonize policies with laws ,reduce harassment, violence,

stigma, remove structural barriers to the use of services

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IS~

Other measures suggested are:

"'} Equal access to educational opportunities at all level without stigma & discrimination

The mainstream society does not understand the culture, gender, and sexuality oftransgender
community and their social deprivation and harassment have never received attention by
policy makers. The better understanding of the socio-cultural and human rights aspects of
discrimination against the transgender and Hijra community would 11elii in attitudinal shift
towards the community. The mainstreaming efforts would require a review and reform of
structural constrain~s, .legal procedures and policies that impede access to mainstream
education. Affirmative actions are needed to reduce stigma and discrimination associated
with the community and to improve the access to educational opportunities at all level.
Schools and colleges need to pla:y a supportive role in such instances, stepping in to ensure
that education and/or vocational training is made available to these individuals.

The following actions may help in improving the access:

• Free and compulsory education up to the age of 14 is the responsibility of the State.
The fulfillment of this obligation is critical for the improvements in the educational
conditions of transgender community. The proper instructions should be issued to
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!63
states and district level to include the transgender community under Economically
Weaker Section (EWS) 10 category to provide them necessary benefit; as per the Right
to Education Act.
• Sensitization towards Transgender/Hijra should be included in student counseling at
schools. The community feels that it is an essential to create an opportunity for
students to interact with trained counselors as they experience gender dilemmas.
• A chapter on TG/Hijra can he included in the adolescent education curriculum in the
school to sensitize the larger society on Transgender. This can be an effective step to
address stigma/discrimination at school level.
• Advocate with and build capacities ofpeople and organizations working in education
sectors (NGOs, education activists, teachers, principals and other authorities) to
facilitate the mainstream efforts.
• State and Central Education Board (TCS/CBSE) and the University Grants
Commission (UGC), National Council for Vocational Training (NCVT) 11 and other
relevant authorities should be encouraged to evolve a system to sensitize their
schools/universities/educational institutions with respect to the need of the community
and mainstream them into the system.
• Review the existing schemes and educational program to assess their suitability to the
transgender and hijra community.
• Develop aqvocacy, social mobilization and communication strategies at various level
(society, transgender community, governments) to address the structural barriers to
improve utilization of existing educational schemes/courses and create an enabling
environment for inclusive education for the community.

Development of' community friendly customized pedngogy for skill based learning

India is facing acute shortage of skilled manpower in different sectors. There is a need to
provide vocational education and training to the community within the mainstream education
system. At the secondary and higher secondary levels, vocational training should be provided
to the community for additional skills which can prepare them for job. The tailor made skill
based progranune need to be developed at this level. The strategic convergence with Jan
Shikshan Sansthan 12 , National Skill Development Agency (NSDA) 13 and lifelong learning
program ofl,miv~rsities and colleges will help in mainstreaming the efforts.

10The RTE Act makes it mandatory for all schools, except minority unaided (religious and linguistic minorities included), to
reserve 25 per cent of seats for children from the disadvantaged sections/EWS category
([Link] i n/W_new /EWS_OFF ICE_MEMOR UN DUM_14_11_2012. pdf)

11 NCVT is the vocational training schemes of Directorate General of Employment & Training (DGET), Ministry of Labour
& Employment, Government of India. The scheme aims at creating opportunities for central government recognized
certificate courses, ([Link]
12 Jan Shikshan Sansthans (JSSs) are established to provide vocational training to non-literate, nee-literate, as well as school

drop outs by identifYing skills as would have a market in the region of their establishment.([Link] shikshan)
13 NSDA is an autonomous body to coordinate and harmonize the skill development efforts of the Government and the

private sector to achieve the skilling targets of the 12th Plan and beyond and ensure the skilling needs of the disadvantaged

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/8-b
Financial incentives for higher education/professionalI education

Government should provide fee-waiver, fee-reimbursements, scholarships, free textbooks,

free hostel accommodation and other facilities at subsidized rates for students belonging to
the this group in order to make higher education and professional education accessible by the
community. Special coaching should be provided to the candidates for competitive
examinations and National Eligibility Test (NET) 14 examination.

Establishment of anti-discrimination cell

All the educational institutions/universities should establish an anti-discrimination cell to

monitor any form of discrimination against the transgender community. On the line of strict
anti-ragging cell, there should be zero tolerance towards any incidence of the discrimination
or complain.

Create an enabling environment

It is increasingly recognized by experts and other key stakeholders that transgender need a
facilitating. environment to continue their education and live a decent life. There is need to
work closely with community and different school based committees like; school
management co1nrnittee, village management committee- as provi~ed under RTE Act. There
has to be proper sensitization and capacity building about the issues and needs of the
transgender community. The involvement of gurus and other opinion leaders from the
transgender community will help in building the confidence and create a supportive
environment. An advocacy strategy has to be worked out at each level to influence the
stakeholders.

Research

There is need for a [Link] institutionalized mechanism of research and academic activities
··to generate more data/information to identify and understand the problems related to various
aspects of their life and help frame policies through research and academic program that
would bring an effective and long-term change in their lives.

0 •

and marginalized groups like SCs, STs, OBCs, minorities, women and differently-abled persons are taken care of through
the various skill development programmes ([Link]

14 National Eligibility Test (NET) determe the eligibility of Indian nationals for the Eligibility for Assistant Professor only

or Junior Research Fellowship (JRF) and Eligibility for Assistant Professor both in Indian universities and colleges
http:// ugc. [Link])

Page IllS
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I?>:t
Convergence with existing schemes on education

The strategic networking and building partnership with the wide range of stakeholders should
be established for leverage of resources, cross fertilization of ideas, sharing knowledge,
showcasing good practices, joint implementation of programme and advocacy. MSJE can
facilitate this convergence to bring NGO networks, Corporates, UN agencies and other
departments of the Government in one platform and work collectively to achieve a common
goal in a judicious and symbiotic way.

The following table is suggestive list of existing schemes/program on education which can be
useful for the community:

Name of the j Strategy to mainstream the transgender community

Scheme/Program

I
Sarve. Shiksha Abhiyaan SSA is a part of Universalization of the elementary education. The
(SSA) 15 main thrust includes -All children to be in a regular school and
bridging all gender and social category gaps at primary level.
Ministry of Human
Resource Development State level data can be collected to assess the gaps. Advocacy with
concerned authorities at state/district level to make: special
provisions for transgender community. Increase awareness and
community mobilisation on SSA program in the context of RTE

Rashtriya Madhyamik I RMSA aims to widen access to women, SC/STs, and other deprived
Shkisha Abhiyaan categories of children. Schemes like Model schools, ICT@school,
(RMSA) 16 Inclusive education for disabled at secondary state, National merit
cum means scholarship are also implemented. The financial incentive
Ministry of Human I. . .
IS gtven to grr1s.
Resource Development
The schemes should be made available to transgender community.
Financial incentives to transgender can be given for Secondary
Education (as per the provision to girls)

Vocationalization of I This centrally sponsored scheme is being implemented since 1988 to

Secondary Education 17 enhance individual employability and to reduce the mismatch between
the demand and supply of skilled manpower and provides alternative
Ministry of Human for those pursuing higher education.
Resource Development
The schemes can be beneficial for community members who wish to
go for vocational education

15 [Link]
16 httR:[Link]/rashtriya madhyami~ shiksha abhiyan
17 [Link]

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~~~

Adult Education - · The program aims to achieve 80% literacy by 2012 at national level
Sakshar Bharat 18 and by reducing the Gender Gap. The program focuses on women and
excluded groups like SCs, STs and Minorities etc. This enables non
Ministry of Human and neo literate adults to continue I
their learning beyond basic literacy
Resource Develop~ent and acquire equivalency to formal education system

The scope of adult education should be expanded to give a different

focus -life skills and meeting other felt needs of the community e.g.
life skill, coping up mechanism, counselling etc.

Jan Shiksha Santhan JSS have been established to promote vocational training to
(JSS)l9 disadvantaged groups of adults such as nee-literates, less-educated
slum dwellers, SC and ST and women etc. to raise their efficiency and
Ministry of Human 1 mcrease
· therr
· pro ductlve
· ab'l' · · of t he b. ene fiIctanes
1 1ty. MaJonty · · are
Resource Development
women.

The schemes can be integrated with other projects for the

community. Special directives can be issued to have special
provision for the transgender community.

Open Schooling I NIOS

aims to provide education inexpensively to. remote and hard to
reach areas. It is a national board that administers examinations for
I
Ministry of Human Secondary and Senior Secondary examinations of open schools
Resource Development similar to the other boards like CBSE and the CISCE

The community members can continue their education while doing

other things. There are courses for dropouts to finish their class 12
studies and then opt for higher education through institutional
based education or distance learning.

Distance Education7(] It offers high-quality, innovative and need-based programmes at

different levels. IGNOU, which is the leading institution in distance
education, started a course for transgender population through
. distance mode. Other universities also provide graduate/post graduate
and other diplomas n various subjects including professional
education. Distance mode can provide access to higher education to
all segments of the society.

The distance mode can be useful medium fott continuing education

18 • •
[Link]

19 [Link]

20 [Link]

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1~4
especially in hard to reach areas.

Coaching Academy Universities and Colleges establish Residential Coaching Academy

Residential Coaching for UG/PG level students to prepare for NET, Coaching students for
Academy for Minorities entry into services covered under Central and State Governments.
and SC/ST21
The scope of the schemes can be widened to include the transgender
..
persons. Special remedial coaching can be provided as in the case of·
SCIST and the Minority population for the various competitive
examinations.

Merit Scholarship Under this scheme scholarships are directly credited to the bank
Scheme/Merit cum account ofthe student beneficiary
means scholarship 22
The awareness about the schemes can motivate the community to go
MHRD for higher education.

Improving Employment opportunities for the transgender

community
·.

Article 14 of the Constitution of India guarantees equal rights and opportunities to men
and women in political, economic and social spheres.

Article 16 - Equality of opportunity in matters of public employment.

Article 42 directs the State to make provision for ensuring just and humane conditions

Problem Analysis and Gaps

The· transgender community is highly deprived of several rights including their right of
participating in economic activities including employment 23 .The interrupted education and
social exclusion further limits their employment and livelihood opportunities. There are
several factors responsible for their economic deprivation which have been analysed as
below.

• Exclusion from Family and Society: Hijras/Transgender are excluded from their
families and do not get any support related to, livelihood. There are no employment
opportunities for even qualified and skilled transgender person. Lack of livelihood

21 [Link]

22 [Link]

23Chakrapani, V. (2010). Hijras/Transgender Women in India: HIV, Human Rights and Social Exclusion. Issue brief
published by UNDP-India.

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(qO
options is a key reason for a significant proportion of trans gender people to choose or
continue to be in sex work - with its associated HIV and health-related risks. The
discussion with the community members and experts revealed that if employment
opportunities are provided, the community would take any alternative livelihood
optionor job.

• Stigma and Discrimination at work place: Transgender persons face high level of
stigma and discrimination at work place forcing them to leave the work in short
period of time 24 . They are abused verbally, physically, and sexually at workplaces
for which they never received any justice. Denied in the job market, transgender
forced to take optimal or low paying work or go for begging, sex work and badhai25
as their livelihood. Even in these occupations, they are exploited by clients, beaten
up but hardly report any incidence to police because of fear of further
harassments by the police.

• High level of economic deprivation: Lack of education and social support force
transgenders to survive in difficult economic conditions. There is no economic
security for the community in case of some crisis or medical emergency especially
with poor transgender persons or old age transgender. Many transgenders do not have
enough savings to go for treatment for serious illness and some other complicated
illnesses, saving schemes or health insurance schemes can be of great help.

• Lack of documentary proof: Majority of the transgender persons do not have any
legal document like Election Photo Identity Card (EPIC), Aadhaar Card, and PAN
Card. The low level of educational status, mobility from one place to other, apathy of
officials and complex procedure are some of the factors which demotivate transgender
to obtain 'these documents. The lack of basic documents further hinder their access to
other social protection and livelihood promotion schemes like pension, micro credit,
bank loan, etc.

• Lack of vocational skill: As traditional occupations of trans gender are becoming

difficult particularly in urban areas, most transgender expresses their desire to be
involved in any occupation. However low level of education skill and absence of
vocational skills push them to low paying jobs or unemployment. Studies reveal that
inequality in access to and quality of education among social groups leads to
inequality in wages and employment (Heckman et al. 200). Besides labour market
outcomes, lower status group like trans gender also deprive of non-market benefits and
the stand to lose these benefits. Overall, the low level of skill and educational access

..
24 [Link]

ilo_aids/documents/publication/wcms_165448.pdf

25 Badhai is ethnic profession is transgender persons which means blessing people on auspicious occasions (birth, wedding,
festivals etc) and seeking alms by dancing and singing

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{C{,
would hinder full and effective utilization of resources and eventually lead to slower
economic growth.

AN APPROACH FOR ENHANCING El\fPLOYM..ENT

The economic empowerment of transgender community is located in a compl~x set of

identities, community norms, culture and lack of policy support. In this context, the
empowerment process has to be broad and should cover the following [Link]'ts:

t·l Awareness generation

. .
[•] Skill and Capacity Building

:·l Employment and entrepreneurship

The suggested strategy would cover the following:

Create opportunities for Information and counseling:

There, is a need to create a knowledge base within the community and organisation working
for transgenders on the issues related to economic empowerment. Special awareness drive in
the form of camp~/melas, communication campaign should be initiated to enhance the
awareness one economic opportunities, various government schemes for employment and
livelihood. This should ensure participation from all relevant departments of the state and
central government'and NGOs/CBOs and networks oftransgender etc. The melas/camps can
work as single desk to help the community on getting basic documents like Election Card,
Bank accotmt, Aadhaar, etc. Special counselling on career guidance, self-employment,
financial schemes of banks/loans etc can be provided.

Establish a Helpline for Career Guidance and Online Placement Support

A telephonic helpline can be set up to provide the information regarding opportunities related
employment, jobs, existing schemes of the government, financial schemes of banks. The
help line can also work as crisis management centre to record the company of any harassment
at work place and report it to the concerned agencies for necessary actions.

A dedicated online placement portal can be maintained which can maintain the online data of
skilled manpower from trans gender community with detailed profile of a person. This can be
accessed by the emplo_Yers, corporates, and placement agencies for suitable placement.

Capacity Building Support on Entrepreneurship Development

A comprehensive model of market led approach for economic empowerment of trans gender
person need tb be; developed. This would require a strategic shift from income generation
activities to enterprise development by the community. In order to the address the combined
need of skill and market access, a comprehensive program for building the entrepreneurship
skill is required. The program will include the knowledge, confidence and skills for

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[qz_
entrepreneurship development (curriculum of for start-up) and functional education and
literacy consisting of simple maths, language and life skills. The program will also include
specialised nature of income generation and microfinance activities, market understanding,
market linkages, retails and business development strategy. The training will also cover life
skills including soft skills like spoken English, communications, client management, dispute
resolution, workplace etiquette and leadership skills.

Enhanced credit and other support to economic activities:

Bank credit/subsidized loan/micro credit should be provided for creating and sustaining self-
employment initiatives which may include small and micro scale enterprises and small
businesses, retail trade, professionals and self-employed occupations.

The agencies like National Scheduled Castes Financial & Development Corporation,
National Backward Classes Financial & Development Corporation 26 should be approached
to provide the economic support to transgender community, their networks, community based
organizations (CBOs) to support the initiatives related to micro enterprises, cooperatives etc.

Vocational Skill Building

As highlighted above, the lack of skills and limited training opportunities for skill building
prevent transgender from improving their capacity to sustain their livelihoods and enter into
strategic employment opportunities in new market conditions. To address this concern, a two
pronged strategy can be worked out.

t·J Design the customized vocational training program for the community as per their
needs and interest and

t·l Effective linkages with vocational training centers run by private and government
agencies '

Create a supportive Environment

The transgender need a facilitating environment to explore the alternative employment

opportunities. Efforts should be made to sensitize all concerned stakeholders like government
officials in relevant departments, banks, private employers, corporate, community leaders like
Gurus etc.

The transgender communi~y has unique culture of dance, folk songs and arts etc. It gives
great strength and a sense of identity to the community. These expressions of culture and arts
are inseparable parts of the community and should be integrated with livelihood activities to
ensure a greater community involvement. The efforts with adequate fund support should be
made to link it to employment opportunities.
..
26 [Link] ustice. nic. in/schemespro. p hp

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Networking and Linkages

/C(3
The strategic networking and building partnership wi~h the various departments,
industries/corporate, placement agencies etc. should be established for integration, leverage
of resources and sharing knowledge etc. Ministry of Social Justice and Empowerment
(MSJE) can facilitate this networking by forming a special working group for enhancing the
employment opportunities for the transgender. The necessary instructions may be issued to
all concerned to make special provision in the existing schemes for the community.

The MSJE can facilitate to make educational skills and training opportunities available for
the transgender community so that they are able to find stable, sustained and meaningful
employment, or set up their own enterprises. The following are some· agencies which can
contacted

>- National Institute for Open Schooling (NIOS/1,National SJ..ills Development Agency
(NSDA),National Council for Vocational Training (NCVT), State Council for Vocational
Training (SCVT), The Ministry of Labor and Employment28, Ministry of Human Resource
Development (MHRD), Minist1y of Rural Development29 and Ministry of Urban
Development30, along with 14 other ministries, have come up with various schemes on skill
development.

>- The Modular Employable Skills (MES) and Skills Development InitiativeScheme (SDIS 31)
adopted by the Directorate General of Employment and Training (DGET), Ministry of Labor
and Employment, Government of India, provides a new strategic framework for skill
development for early school leavers and existing workers, especially in the un-organized
sector.

>- Self-employment and Wage employment (Ministry of Rural Development) schemes like
Swarnajayanti Gram Swarozgar Yojana (SGSY) 32 for self-employment programme for ntral
areas, can have special provisions for the community with some physical and financial
targets earmarked for beneficiaries belonging to the transgender communities specially living
below the poverty line.
>- Swarnajayanti Shahari Rozgar Yojana (SSRY) 33, Urban Self-Employment Programme and
Urban Wage Employment Programme (Ministry of Urban Development) should be made
accessible to the transgender community

27 [Link]

28 [Link] nic in

29 [Link]

30
[Link]

31 [Link]

32 [Link] nic. in/sites/[Link]

33
[Link] india nyoj an a. com/ rojga r-yoja na/swa rna jay a nti-gram-swarozgar-yoj ana. htm

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{q {.;{
)> Sampoorna Grameen Rozgar Yojanci (SGRY), which aims at providing additional wage
employment in rural areas, can have some special provision for beneficiaries from
transgender community.

General Recommendations

~ Efforts should be made to register transgender in the employment exchange of the

central and state government

~ A nodal unit/department should be constituted within MSJE to coordinate with the

relevant departments and stakeholders and facilitates access to existing government
schemes/ programmes such as education, employment, insurance and other social
protections schemes.

~ Transgender who receive vocations skill development training and other

[Link] development training often lack access as well as the necessary
support structures to be able to use their skills. Therefore, some mechanism has to be
established to provide them continued support and hand holding. Some effective
linkages with the like-minded agencies (e.g. Ministry of Small and Micro Enterprises
(MSME) 34 , Indian Institute of Management (IIMs), Adult Education (MHRD) etc.
needs to [Link].

34 [Link] ..
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Interventions for Transgender persons under the National AIDS Control Programme

i. In order to prevent the spread of HIV infection, a comprehensive National AIDS

Control Programme (NACP) was started in 1992 in all states as a centrally sponsored
scheme. Over the years, the programme has evolved adopting a multi-pronged strategy with a
focus on prevention ofHIV in the country. The National AIDS Control Programme (NACP)
has two strong components·_ Prevention for those who are not yet infected and Care, Support
and Treatment for those who are infected. This is consonant with the global response to
HIV/AIDS epidemic in the world. Due to this dual strategy ofprevention and treatment, India
is able to contain the HIV epidemic and the infection has been confined to high risk
population and those who interact with them. ..
11. HIV infection is characterized by presence of specific risk behaviours. Because of this
nature, the prevalence .of~IV infection in various sub-populations is different on account of
varied risk of acquiring and transmitting HIV. Information reported by the HIV positive cases
detected at Integrated Counseling and Testing Centres (ICTC) across the country indicates
that more than 85% of HIV transmission is through sexual route on account of unprotected,
multi-partner sex (NACO - Computerised Management Information System). The other
routes of transmission such as sharing needles and syringes among Injecting Drug Users
(IDU), contaminated blood and blood products and mother to child transmission also
contribute to HIV infections. Under sexual transmission, the two distinct groups identified for
prevention programmes to reduce spread of HIV are Female Sex Workers (FSW) and Men
who Have Sex with Men (MSM) including Transgender persons.

Ill. Under the programme, MSM are defmed as all men who have sex with other men as a
matter of preference or practice, regardless of their sexual identity or sexual orientation and
irrespective of whether they also have sex with women or not. These groups are provided
services at cruising sites or hotspots, where these MSMs are found in significant numbers
where they may solicit, interact or have sex. (Operational Guidelines for Targeted
Interventions under NACP-III, Section 1.2.2)

1v. During the third phase of the National AIDS Control Programme (NACP-III; 2007-
12), programmatic experience has shown that Transgenderpersons may have different HIV
prevention and care needs although some commonalities remain between men who have sex
with men (MSM) and transgender people. Considering the high HIV prevalence among
transgender persons when compared with other high risk groups, it is crucial that HIV
interventions among them are scaled up. The national strategy drafted by the NACP-IV
working group acknowledges the unique HIV prevention, care, and treatment needs of
transgender people as the community itself is complex, and modalities of implementation
need to be adapted to the needs of these groups (e.g. Gharana based Hijra, transgender sex
workers etc.). Hence exclusive interventions were initiated by DAC in 2012. Currently more
than 20 exclusive transgender persons targeted interventions are being implemented by DAC
and covering around 23000 trans gender persons. HIV ,Sentinel Surveillance 2010-11 in sites

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shows the prevalence of 8.82 among Tninsgender population. Many activities have been
initiated by DAC for working with Transgender population for HIV prevention. These
include a mapping study; draft Operational Guidelines for TG interventions, consultations
addressing stigma, legal issues and social inclusion.

v. DAC has always been alert to the needs of this community and the fact that it is
crucial to work with this population sensitively, in order to ensure that they access HIV-
related services. In fact, DAC, from 2009 onwards, had commissioned studies through UNDP
and DFID to understand the community better and also to gain insight on what the best
modalities of implementation might be. For example, involving gharanas, jamat leaders etc.
The epidemiological data on this community is limited but still shows that there is high
prevalence of HIV. The HIV sentinel surveillance (2011) among transgender persons in
Mumbai showed as prevalence of 18%. Two sites in Tamil Nadu showed a prevalence of7%
and 0.8% respectiyely.

vi. In 2012, DAC went a step further and with the support of UNDP and National
Institute of Epidemiology (NIE), initiated a study to map estimate of TG population who are
most at risk of HIV. In this workshop, the findings of this study will be shared and these
estimates will also guide the placement and design of programmes at the ground level. Apart
fi·om giving reliable estimates of most at risk TG population in each State/Site, data has also
been compiled on demographics, service uptake, community dynamics etc.

vii. For the Department of AIDS Control protecting the health of the community is of
utmost importance and currently the Department is implementing a globally recognized
programme for prevention and control of HIV and AIDS among most at risk populations.
The scope ofwork of the Dept. of AIDS Control is to prevent the spread ofHIV. In the case
of transgender persons, DAC implements Targeted Interventions (Tl) projects in 22 sites.
These projects are peer-led interventions, implemented by NGOs and Community-Based
,r--:--'
Organisations.

viii. TI projects provide HIV prevention messages through Behaviour Change

Communication (BCC). These messages address the high risk behaviour and aim to give out
messages on safer sex and health-seeking practices. In addition, counselling and treatment for
Sexually Transmitted Infections (STis) is provided. The key aspects of TI projects are the
provision of free condoms and linkages to health facilities for HIV testing and HIV related
care & support services. The projects also facilitate community mobilisation, ownership
building and creation of an enabling environment by involving not just the community but
also key stakeholders.

IX. Targeted Interventions follow a peer-led. approach wherein transgender persons

themselves are designated as "Peer Educators" who reach out to others from the community.
Each peer educator is to regularly contact others for providing them with free condoms and
linking them to HIV-related services. This is done through interpersonal communication on
safe sex practices and information on treatment of sexually transmitted infections and HIV.
Since these peer educators are also TG and face similar problems, the level of confidence and

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faith in each other is high and makes the communication of HIV -related information more ·
effective. Furthe~more, these Peer Educators act as role models for other TG by
demonstrating the benefits of health seeking behaviour, correctly and consistently using
condoms. The peer-led approach ensures that information on the community is updated and
that their vulnerabilities are addressed.

x. Focus of the fourth phase of the National AIDS Control Programme IV

a) Scaling up of comprehensive prevention and care package to achieve significantly

increased coverage, particularly where TG people are concentrated and then scale up
coverage where TG populace are sparse or spread out over a larger geographic area

b) Improving the quality and intensity oftransgender specific prevention services

c) Building the technical skills and organizational capacity of Community Based

Organizations ofTG and provide support to effective implementation of prevention activities.

d) Strengthening the involvement of TG population in HIV/AIDS response through

community developm~nt ~nd mobilization

e) Strengthening the partnership between government, CBOs, TG population and

technical assistance providers

f) Reducing stigma and discrimination against TG and creating an enabled environment

for the community.

g) Implementing interventions to reduce and address multiple vulnerabilities

h) Flexibility to design interventions to respond to local/cultural requirements

i) Provide prevention services like Behaviour Change Communication (BCC), STI care,
promotion of condoms and lubricants and creating enabling environment for a contusive
environment.

x1. Currently, approximately 23,000 TG people across different States are being covered
through 22 TI projects. A comprehensive care package has been designed ±or TG persons at
risk under NACP. Three broad outreach strategies have been adopted in order to ensure
saturation of this key population with services. The three key strategies are: a) Hotspot-based
outreach, b) Through support of Gurus or Gharana/Jammath/Dera leaders and c) Through
melas/functions in which transgender people gather. Apart from this, diverse activities have
been proposed to promote enabling environment. The component of linkages has been given
tremendous focus to cater to the needs ofTG persons.

xn. However, there are also several challenges that will be faced in implementing
prevention strategies for TG, for example - powerful gatekeepers, clan dynamics, higher
levels of marginalization, crime and human rights violations against and within the
community. In addition, the access and awareness of health care services is low. The
Department of AIDS Control through various consultations has attempted to address these

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challenges in the fourth phase of the National AIDS Control Programme (NACP IV). A ·
separate working group ofTransgender population was established in order to lay down clear
strategies for the next phase of the programme. It is also in course of this workshop that a
scale up plan focusing on both quantitative and qualitative aspects can be developed.

xiii. To strengthen HIV -related services for TG community, DAC is developing a training
module, a communication package, Operational Guidelines and also establishing a separate
[Link] Resource Group (TRG). DAC with SACS is in the process of developing strategic,
evidence informed scale up plan for transgender specific interventions in the country. The
workshop conducted with SACS and community was vital from a programme planning and
design perspective to operationalize the vision ofNACP IV for transgender interventions. An
Operational Guideline has been developed by DAC for effective TG intervention.

xiv. Department of AIDS Control is closely working with other Ministries on various
related to this population. DAC is also continuously working with development partners to
I
create an enabling environment for this marginalized population.

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Appendix-7

Minutes of the meeting held on 6th December, 2013

A meeting was held under the Chairmanship of Dr. Mohd. Shaukat, DDG,
Directorate General of Health Services on 06.12.2013 at 4.00 pm to discuss the
following agenda points:

~ Defining transgender;
~ Whether the transgender should be recognized as third category besides male
and female for the purpose of equality under articles 15, 16 and 21 of the
Constitution·ofindia as well as for all other social and educational purposes;
~ Whether transgender should be permitted to get themselves recognized as
male or female depending upon their choice and they should not be subject to
any kind of medical or physical compulsory verification for the said purposes;
and
~ To examine whether a person can go through only .castration (testicles
removal) & penectomy (penis removal), which will be short of full-scale Sex
Reassignment Surgery (SRS), provided all pre-requisites ofSRS are followed.

2. Following attended the meeting:

1. Prof. A. C. Ammini, HoD, Department of Endocrinology, AIIMS, Ansari

Nagar, New Delhi.
2. Dr. Pratap Sharan, Prof. Psychiatry, AIIMS, Ansari Nagar, New Delhi.
3. Prof. M. Bajpai, Professor, Paediatric Surgery, AIIMS, Ansari Nagar, New
Delhi.
4. Dr. Manju Mehta, Psychologist, AIIMS, Ansari Nagar, New Delhi.
5. Dr. L.K. Makhija, HoD, Department of Burns and Plastic Surgery, Dr.
RML Hospital, New Delhi.
6. pr. (Mrs.) S.N. Deshpande, Consultant & HoD, Psychiatry, Dr. Ram
Manohar Lohia Hospital, New Delhi.
7. Dr. R.P. Beniwal, Specialist, Psychiatry, Dr. RML Hospital, New Delhi.
8. Dr. Pankaj Verma, Specialist Grade II, Psychiatry, Safdurjung Hospital,
New Delhi.
9. Dr. Devendra Kumar Yadav, Associate Professor, Paediatric Surgery,
Safdurjung Hospital, New Delhi.
10. Dr. H.K. Chellani, Professor & Consultant, Department of Paediatrics,
Safdurjung Hospital, New Delhi.
11. Dr. Krishna Biswas, HoD, Endocrinology, Safdurjung Hospital, New
Delhi.
12. HoD, Department of Burns and Plastic Surgery, Safdurjung Hospital, New
Delhi.

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13. D'r. Tripti Khanna, Scientist 'E', ICMR, Ansari Nagar, New Delhi.
14. Dr. Sanjeev Kumar Tudu, Professor, Surgery, LHMC, New Delhi.

After due deliberations the Committee agreed to the following:

Definitions:

Transgender
.-

3. Transgender is an umbrella term used to describe people whose gender

identity (sense of themselves as man or woman) or gender expression differs from
that usually associated with their birth sex.

(Adopted from definitions developed by American Psychological Association and

World Professional Association for Transgender Health).

Accor~ing to WHO:

"Sex" refers to the biological and physiological characteristics that define men and
women.

"Gender" refers to the socially constructed roles, behaviour, activities and attributes
that a given society considers appropriate for men and women.

4. In humans, biological sex is determined by five factors present at birth: the

chromosomal constitution, the type of gonads, the sex hormones, the internal
reproductive anatomy (such as the uterus in females) and the external genitalia.
People whose internal psychological experience differs from their biological sex are
transgender.

5. When a child is born it has certain biological and physiological characteristics

according to which the Doctor/Society around it decides about its 'Sex' and a
'Gender' is assigned to it. In case, the biologicaVphysiological characteristics of the
child are ambiguous then the child is labeled as 'intersex'/ 'having ambiguous
genitalia' I' others' etc. At this point oftime 'the child itself does not have any gender
identity. As the child grows up it may behave as per the gender assigned to the child
or infrequently it may behave otherwise. When the person identifies itself with the
opposite 'gender, than what was assigned to it at birth then the person is labeled
'Transgender'. Thus 'Transgender' cannot be decided at birth like 'male' or 'female'
and a person is a 'transgender' only when the person on its own starts identifying
himself/herself with the opposite sex than that was assigned to the person at birth.

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6. Transgender persons may· be given equal opportunities like any other
individual for participating in any activity except in exclusive sex domains. All
treatment/facilities, whatever and wherever available, are provided equitably and free
of cost to all the patients coming to the Government hospitals without any
discrimination on any ground whatsoever, including ex/gender. There are some
nominal charges levied for certain specialized investigations for all patients, without
any discrimination on any ground whatsoever, which are also waived off with the
approval of the competent authority of the hospital for BPL/deserving patients.

7. To provide identity to the transgender persons, we may agree to adding a

column in the forms/proforma which are required to be filled when a person starts
interacting with the society, where an individual may declare his/her status as
transgender or not. Such provision may be there on forms required to be filled for
admission to educational institutions, voter I card, PAN card, passport, job application
forms etc. However, while declaring the status as 'transgender' it should be
supported by a certificate obtained from an authorized 'Medical Board' to be decided
by the competent authority. Such Medical Board may consist of experts from relevant
fields like psychology/psychiatry, endocrinology/medicine, surgery, gynecology,
urology and any other field felt necessary. .
.
8. This is important as while giving admission into exclusive sex domains, it will
have a definite implication during decision making by the authorities. While
respecting the 'fact that the transgender persons may identify themselves as one of the
opposite gender than what was assigned to them at birth, we may not be able to
ignore, what the major part. of the society around them perceives about them. Hence
they may not be allowed in the exclusive sex domains like gender specific toilets,
hostels, jobs meant exclusively for male or female gender, sports activities which are
undertaken with 'men' and 'women' as separate category and other such areas. This
is in the best interest of the society and also in the best interest of transgender
population. For example, females may be threatened by the presence of a TG who is
perceived to be of male gender by the society, in female toilet or hostel. Similarly,
safety of such transgender persons who are perceived to be of 'female' gender by the
society may be at risk while working in exclusively/predominant 'male' domains like
combat formation in army/paramilitary forces/sailors etc.

9. Self-declaration as 'male or 'female' may not be allowed by choice.

Regarding Sex Reassignment Procedure/Surgery:

10. Sex Reassignment Procedure/Surgery, like any other procedure/surgery, may

be undertaken as per extant prudent procedures/guidelines given in the medical
literature and following due medical, ethical and legal process details of which can be
worked out in due course. This subject is evolving very fast and also perceptions and
requirements ofthe target population may vary from country to country and also from
region to region in a vast country like India.

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11. This procedure should be initiated only after 'informed consent' of the
individual is available wherein the individual has been explicitly explained about
his/her present condition and what all options are available to achieve the desired
outcome by the individualalong with advantages/disadvantages of all the options.

12. We may agree to provide the Sex Reassignment Procedure/Surgery to the

seeking .individuals to the extent consented by them, so as to ·alleviate the distress
suffered by them due to the discrepancy between the individual's gender identity and
the gender assigned to that individual at birth. However, it needs to be clarified here
that while there will be individuals seeking complete SRS, i.e. complete assignment
of the opposite sex to the extent of creation of sex organs of the opposite sex, there
will be others who will be merely seeking deletion of their existing sex organs
without seeking the surgical procedure for creation of sex organs of the opposite sex
(i.e. sex deletion surgery rather than sex reassignment surgery). This is pertinent,
as ethically speaking and also going by the extant laws of the country, removal of
functional organs is illegal.

13. Thus, while agreeing to the above, it is also felt necessary that the above
should be endorsed by the Medical Council of India, the body which regulates the
medical practice in the country, from ethical angle and also by the Law Ministry for
examining legal angle to the issue.

******

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