Context:

Tamil Nadu government recently launched transgender policy for welfare of transgender people in the state. This policy aims to address the various challenges faced by transgender individuals in education, employment, healthcare, housing, and safety.

Key Features of the Policy:

·        Right to Self-Identification: The policy allows transgender and intersex people to choose their gender — male, female, or transgender — without needing medical procedures or certificates.

·        Amendment of Laws: The state will take steps to amend the Hindu Succession Act and Indian Succession Act to ensure the right of inheritance for transgender people.

·        Protection of Rights: The policy seeks to protect the rights of transgender people in various areas, including education, employment, healthcare, housing, and safety.

About transgender person:

A transgender person is someone whose gender identity differs from the sex they were assigned at birth.  In India, the Transgender Persons (Protection of Rights) Act, 2019 defines a transgender person based on the mismatch between assigned sex and gender identity, and includes those with intersex variations and gender-queer identities. 

·        The NALSA judgment in 2014 recognized transgender individuals as a "third gender" and affirmed their fundamental rights. 

·        In India, the estimated transgender population is around 4.8 Lakh (based on the 2011 census). 

Challenges Faced by Transgender People:

·        Legal Hurdles in Self-Identification: The Transgender Persons (Protection of Rights) Act, 2019 requires a District Magistrate’s certification for gender identity. This undermines the right to self-identify and creates bureaucratic barriers to accessing official documents, services, and legal rights.

·        Social Discrimination and Violence: Transgender individuals often face rejection, ostracism, and violence. Gender non-conformity is seen as deviant in many cultural settings, leading to stigma, physical and sexual abuse, and widespread social exclusion.

·        Barriers in Education and Employment: In schools, transgender students face bullying, harassment, and non-inclusive curricula. These challenges result in high dropout rates and restrict access to higher education and formal employment, limiting their socio-economic mobility.

Schemes for Welfare of Transgenders:

The government has launched several schemes to promote the welfare of transgender people, including:

·        SMILE Scheme: For comprehensive welfare of transgenders.

·        National Portal for Transgender Persons: For obtaining online certificate of identity.

·        Gender Inclusion Fund: Under National Education Policy for providing quality education to girls and transgenders.

·        Garima Grehas: Shelter homes for transgender persons.

·        PM-DAKSH: For skill training to transgenders.

Conclusion:

The Tamil Nadu government's policy for transgender people is a significant step towards promoting inclusivity and protecting their rights. By allowing transgender individuals to self-identify their gender and ensuring their right to inheritance, the policy aims to address some of the key challenges faced by this community. The policy also highlights the need for a more nuanced understanding of the issues faced by transgender people and the importance of creating a supportive and inclusive environment.