NHRC Advisory for Welfare of Transgenders
Over the years
Over the years, there has been a sea change in recognition of transgenders and their rights. In a landmark judgment, in 2014, the Supreme Court in NALSA Vs Union of India legally recognized the existence of transgenders stating that all persons have equal constitutional right to self-identity. The judgement further directed all governments to provide access to transgenders to education and employment.
In 2019, the Transgender persons (protection of rights) Act 2019 was enacted with the objective of safeguarding and upholding the rights of transgenders. Yet transgenders experience discrimination in various aspects of their lives.
NHRC Advisory
In September 2023 the National Human Rights Commission (NHRC) approved an advisory with welfare measures for transgenders with the objective of enhancing their rights and protecting their interests. These advisory measures relate to education, employment, healthcare, inclusivity, grievance redressal and general welfare of transgender persons.
A look at the highlights of the Advisory:
- Education
(i) All educational institutions to be made ‘inclusive’ for transgender students. Sensitisation measures to be initiated across all educational institutions to ensure that trans children are protected from harassment, bullying and violence.
(ii) Monitoring committee/ cell to be set up at educational institutions to address issues relating to prejudice, discrimination, sexual abuse, and other forms of violence against transgender persons.
(iii) Providing financial assistance to Transgender students pursuing Degree/ Diploma/ PG courses may be ensured.
(iv) Provision for scholarship and free education be formulated for transgender students. - Healthcare
(i) Set up medical boards at district level for transgenders.
(ii) In every district civil hospital, necessary provisions to be made for consultation, treatment, counselling for sex reassignment surgery including provision of financial assistance and performing the surgery free of cost in government hospitals. - Employment
(i) Enable transgender people to apply for civil service jobs and include ‘third gender’ as a category for doing so.
(ii) All agencies involved in document verification may be advised to accept the document even if the name or photo of the transgender person varies with the original documents in a time bound manner provided, they have obtained the transgender certificate.
(iii) Take steps to protect transgender persons from any form of violence or harassment at workplace(s) and anti-discrimination policies be implemented at all levels.
(iv) Organize sensitization for other employees on sexual orientation and gender identity.
(v) Set up a grievance redressal cell in organisations where the transgenders are employed. Such redressal cell must have at least one transgender person wherever possible.
(vi) Prioritize skill development training and occupational opportunities for transgender persons. Create awareness amongst the transgender community about the National Career service portal.
(vii) Extend loans with interest at subvention basis to transgender persons to help set their own businesses. District administration to help organize self-help groups through which transgender persons can avail bank loans to start livelihood activities. - Inclusivity
(i) All applications /forms for any purpose which require candidates to indicate their sex must provide ‘third gender’ as an option / category.
(ii) All public places to have separate washrooms for transgenders.
(iii) All public places to have separate washrooms for transgenders.
(iv) Old age home facilities to be considered for transgender community. - Welfare
(i) Single trans child of a deceased government employee or pensioner may be treated as an unmarried daughter for the purpose of family pension and other benefits.
(ii) Transgender persons to be allowed to inherit ancestral agricultural land.
(iii) Establish a Transgender Welfare Board in accordance with provisions of the Transgender Protection Act 2019 read with the Transgender Rules 2020.
(iv) Insurance companies may be advised to consider and accept Transgender Certificate for verification of documents purposes.
(v) The Ministry of Corporate Affairs may consider incorporating welfare activities of transgender persons explicitly in Corporate Social Responsibilities activities.
(vi) Sexual harassment of transgenders must be addressed immediately.
(vii) Provide multi-purpose identity cards to transgenders to help them access all government schemes and benefits.
(viii) Sensitize general public about transgender community.
The NHRC Advisory is an objective attempt at protecting the transgender community, creating opportunities for their education and employment while sensitizing the public towards them.
For full text of the NHRC advisory:
https://nhrc.nic.in/media/press-release/nhrc-issues-advisory-ensure-welfare-transgender-persons
