New Delhi: Incorporating ‘third gender’ as an identity category for people of trangender community seeking government jobs, making educational institutions ‘inclusive’, allowing them to inherit ancestral agricultural land are among the key suggestions of the National Human Rights Commission (NHRC) to the Centre and states to ‘enhance the welfare and rights’ of transgender persons.
In its advisory issued on 15 September, the NHRC has given 32 recommendations related to education, employment, welfare, promoting inclusivity, healthcare, and grievance redressal to Centre, state governments and union territories and advised them to implement it in “letter and spirit.”
The NHRC observed that four years after the enactment of the Transgender Persons (Protection of Rights) Act, transgender persons continue to “grapple with discrimination at various places like employment disparities, limited access to healthcare, and exclusion from social circles”.
It has sought an Action Taken Report within two months from the Centre, states and UTs on the progress in implementing the recommendations.
The Commission has recommended a slew of measures from free education, provision for scholarship, financial assistance for those pursuing higher education to making all educational institutions “inclusive” for transgender students and putting in place measures/policy to protect them from discrimination and harassment.
One of the key recommendations is that “third gender” may be added as a category for those from the transgender community seeking civil service jobs to enable them to apply and appear in entrance examinations. The population of those who identify themselves as ‘other’ is 4,87,803, according to the 2011 Census.
The states should prioritise skill development training and better occupational opportunities and efforts should be made to provide loans at “interest subvention basis” to help to transgender persons start their own business or form Self Help Groups to earn livelihood.
In February 2022, the Ministry of Social Justice and Empowerment started the Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) scheme for comprehensive rehabilitation and welfare of transgender persons and those engaged in begging.
Under the Comprehensive Rehabilitation for the Welfare of Transgender Persons component of the scheme, the Centre provides scholarships to transgender students, skill development and livelihood for empowerment of the community, housing, etc. The Centre has allocated Rs 365 crore for five years beginning 2021-22 of which Rs 265 crore is for rehabilitation of transgenders.
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Sensitising families & giving property rights
The NHRC has advised the government to use its strong network on Anganwadi workers to reach out to the family members of transgender and sensitise them about trans-children.
Safeguarding the interest of transgender persons, the panel has recommended, “Transgender persons should be allowed to inherit ancestral agricultural land.”
It further said, “Single trans-child of a deceased government employee or pensioner, may be treated as an unmarried daughter for the family pension and other benefits.”
The Transgender Persons (Protection of Rights) Rules, framed for implementing the Transgender Persons (Protection of Rights) Act, mandates states to form transgender welfare board. The panel has asked the states to set up the welfare board and also a “Transgender Protection Cell under the DGP or his/her nominee to monitor cases of offences”. States and UTs have been advised to start an “anti-discrimination cell” for students in every district.
The panel also recommended setting up a medical board at the district-level to assist transgender persons in availing medical treatment. It said that necessary should be made for consultation, treatment, counseling for sex reassignment surgery. “A suitable amount may be provided to the members of the transgender community who want to opt for a sex change operation. Free sex reassignment surgery in government hospitals may be provided,” the advisory read.
(Edited by Tony Rai)
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