CHENNAI: Chief Minister M K Stalin on Thursday released the State Policy for Transgender Persons, outlining a five-year roadmap to ensure dignity, equality and non-discriminatory access to identity, education, employment, healthcare, housing and public services for gender minorities.
The policy states that trans persons will be treated as socially and educationally most disadvantaged. “The state will take necessary steps to ensure their representation in educational institutions and government employment,” it said, without explicitly mentioning reservation. It is to be noted that the 1% reservation has been a long-standing demand of transgender and intersex persons of the state.
The policy affirms the right of transgender and intersex persons to self-identify their gender (male, female or transgender) without medical treatment or certification. Hospitals, government and private, will be equipped to offer surgical procedures and related medical support. The state will develop standard operating procedures for gender identification and implement existing protocols for infants born with ambiguous genitalia.
The state will update medical, nursing and allied health curricula to sensitise professionals to the needs of transgender and intersex persons. The policy also states that the government will explore the provision of Pre-Exposure Prophylaxis (PrEP) to prevent HIV transmission and monitor the implementation of standardised clinical protocols in transgender clinics.
In education, district-level committees will identify gender-nonconforming students who have dropped out and help them resume studies. All educational institutions must adopt an inclusive policy and designate a nodal officer to support transgender and intersex students. Scholarships will be offered to those pursuing higher education, along with age relaxation for dropouts.
On the employment front, the state will promote self-employment schemes and offer subsidies and grants. All workplaces, public and private, must sensitise employees, adopt anti-discrimination policies, appoint grievance redressal officers and ensure no hindrance to career growth due to gender identity. CSR funds will be used through the Transgender Welfare Board to fund training, recruitment drives and workplace sensitisation.
Inheritance rights
Importantly, the new policy proposes amending the Hindu and Indian Succession Acts to guarantee inheritance rights for transgender and intersex persons. Free legal aid, a 24x7 toll-free helpline and parental counselling for gender-nonconforming children will also be introduced. The policy also promises preference in affordable housing schemes, free house-site pattas, short-stay homes and rental support.
The social welfare department, which drafted the policy, is expected to release an action plan soon. A high-level committee headed by the chief secretary will meet bi-annually to monitor implementation. District-level committees led by collectors will meet every quarter.
Welcoming the release, activist Grace Banu said the emphasis on inclusion in the private sector is a notable aspect. “However, most of the measures in the policy are already guaranteed under the Transgender Persons (Protection of Rights) Act, 2019. The policy will be useful only if the 1% reservation for the community is implemented,” said Banu.
A closer look
As per the 2011 census, there were around 22,364 trans persons in Tamil Nadu
Important features of the new policy
Health
Medical, nursing and allied health courses will be updated to sensitise professionals to the specific needs of transgender and intersex persons
Ensuring standardised protocols in transgender clinics
Ensuring no coercive conversion therapy to change sexual characteristics or gender identity of individuals is carried out against their wish
Employment
Both public and private workplaces must adopt anti-discrimination policies, sensitise employees, and ensure career progression is not hindered by gender identity
The state will promote self-employment schemes and provide subsidies and grants
Education
District-level committees will identify gender-nonconforming school dropouts and help them resume their studies
Ensuring all educational institutions adopt inclusive policies and appoint transgender-friendly nodal officers
The road ahead
Release of action plan for policy implementation
Amendment of laws, including the Hindu Succession Act, to suit needs of transgender and intersex persons
Notification for reservation in education and employment