Government Welfare Schemes for Transgender

Introduction:

The Preamble of Constitution of India resolves to ensure social, economical and political Justice to all its citizens. The spirit of the constitution has been meaningfully operationalised for Transgenders in 2014. In this, the Supreme Court of India recognised them as a “third gender” in National Legal Service Authority (NALSA) Vs. Union of India (AIR 2014 SC 1863) and directed the Government to develop Welfare Schemes for them. Subsequently, the Government took consequential steps to build the framework for providing Welfare Schemes for Transgenders and allocated ₹390 Crore for Transgender Welfare Scheme.

Legal Framework for Transgenders:

The Government enacted the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights), Rules, 2020. A glance to the framework of the Act:

–        Section 3 prohibits discrimination against Transgender in educational establishments, employment or occupation and other places;

–        Government to take Welfare measure for Transgender persons is included in Section 8;

–        Section 9-12 obligates establishments and other persons to non-discrimination against the Transgender;

–        Educational inclusivity, social security and healthcare to Transgender is covered under Section 13-15; and

–        Section 16 establishes the National Council for Transgender Persons.

–        The Act is weaponised with penalties and punishment for offences against Transgender under Section 18.

For Transgenders, this act has enforced fundamental rights of equality under Article 14, prohibition against discrimination under Articles 15 & 16, freedom of expression under Article 19 and to live with dignity under Article 21 apart from legal recognition, inclusivity and mandates welfare for them.

Government Welfare Schemes For Transgender:

The Ministry of Social Justice and Empowerment has introduced, in 2022, an umbrella scheme for Transgender, named SMILE (Support for Marginalised Individuals for Livelihood and Enterprise).  The aim of the government schemes for transgender is welfare and their rehabilitation. The following components are included in the scheme:

–        Scholarships for Transgender Students: to provide financial assistance to IX and above students for declining the drop-out rate;

–        Skill Development for the enhancement of employment opportunity and Livelihood: to provide Vocational training and skills upgradation programs;

–        Composite Medical Health for Transgender persons:

–        Housing in the form of “Garima Greh” for Transgender Persons

–        E-Service (National Portal & Helpline and Advertisement)

–        Provision of Transgender Protection Cell

–        Other Welfare Measures

Samagra Siksha Scheme and Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (PM-JAY) are integrated with this Transgender Welfare Scheme. Ayushman Bharat TG Plus specific health insurance scheme is initiated under this scheme. Under this Scheme upto Five Lakhs Rupees per person free medical coverage is offered which include Gender-affirming procedures, Hormone therapy and Sex reassignment surgery and post-operative care. Garima Grehs are arranged for Transgender with basic amenities like food, medical care and recreation facilities.

National Portal for Transgender Persons is initiated under this umbrella scheme to issue certificates and ID cards to eligible Transgender Persons. This portal provides end-to-end online process for TG certificate applicants and is available in multiple languages.

The Rules, 2020 set up Transgender Protection cells on state level to monitor cases of offences against Transgender persons and to ensure timely registration, investigation and prosecution of such offences and establish Transgender Welfare Boards (TWBs) to facilitate access to scheme and welfare measures for Transgender persons.

Conclusion

For a long time, social stigma and discrimination has marginalised the Transgenders in society but a slow shift is taking place now and example is Joyita Mandal, the first Transgender Indian Judge. However, the Government needs to cover a long road in effective time to place the Transgenders on equal pedestal with other individuals. For this Government Welfare Schemes should also build societal acceptance, psychological change and sensitivity towards Transgender.