Plea requesting 'Transgender Welfare Board' initiation to check cases of abuse filed in SC

Seeking direction to the Centre and state governments to establish a 'Transgender Welfare Board' a petition was filed in the Supreme court to address the social welfare issues of transgender people. Kinner Maa Ek Samajik Sanstha Trust's President Salma Umar Khan Sakerker filed the petition and sought a direction to appoint a standing committee comprising Station House Officers and human rights & social activists to investigate the reports of gross abuses against transgender people by the police.

The plea filed through advocates CR JayaSukin and Narender Verma stated that transgender people should be treated with the same dignity and respect as anyone else. They should be able to live, be respected irrespective of their gender identity, instead they face serious discrimination and mistreatment at work, school, and in their families and communities.

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The petition also said that the transgender people are deprived of social and cultural participation and hence they have restricted access to education, health care and public places which further deprives them of the Constitutional guarantee of equality before the law and equal protection of laws. Transgenders are still considered “untouchable” in India due to trans prejudice that runs deeps in the society as a result community is facing neglect, isolation, insult and social ostracisation.

According to the plea, discrimination, unemployment, lack of educational & medical facilities, homelessness, depression, hormone pill abuse, tobacco & alcohol abuse, penectomy, and problems related to marriage and adoption are the main problems that are being faced by the transgender community. However, the plea stressed that the right to recognition as a person before the law is a fundamental right and guaranteed in several international human rights conventions.

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In 2014 the Supreme Court delivered its judgment in the National Legal Services Authority (NALSA) vs Union of India case- which declared transgender people the 'third gender' and affirmed that they are granted fundamental rights & welfare policies under the Constitution of India. The Parliament passed the Transgender Persons (Protection of Rights) Act in 2019- which prohibit discrimination against transgender people. But as per the plea, the act violates the NALSA judgment on various fronts.

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Kerala Govt Includes Trans People as 3rd Gender Option

On January 20, Kerala left front government announced programmes for the transgender community with an aim to uplift and bring them to the forefront of society. K.K Shailaja, Kerala’s Minister of Health and Social Welfare recently announced this progressive initiative that will include special scholarships to transgender students and wedding grants to trans couple. 

Government-aid under the programme

• A total of Rs 6 lakh has been sanctioned by the Social Justice Department in December 2020. The scholarship scheme is targetted for trans students from 7th class to post-graduation and professional courses studying in the government-aided educational institutions.
• The government had also declared that the financial assistance for the wedding of a transgender couple, Rs 30,000 each will be given to ten transgender couples.
• Rs 59,06,800 for HIV Sero surveillance centre of transgender people allotted by the Health Department.

READ | Empowering Transgender Community As Kerala Govt Includes Trans People As 3rd Gender Option

(With ANI Inputs)