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State Transgender Policy, Madhya Pradesh
Guidance:
Girish Sharma, Director, AIGGPA & Principal Advisor, Centre for Urban Governance
Project Coordinator & Formulation of Policy by:
Amitabh Shrivastava, Advisor, Centre for Urban Governance, AIGGPA
Consultant
Venu Pillai Social Development Professional, Bhopal
Edit Help:
Mausmi Hajela Advisor, Centre for Urban Governance, AIGGPA
Content
1. Background 1
2. Introduction 1
3. Summary of analysis and findings of Transgender issues in MP 2
(Methodology, Data Collection and Ethical Acceptance)
3.1 Stakeholder consultations 3
3.2 Literature review 9
3.3 Policy implementation challenges in different States 9
3.4 Current initiatives &way forward for Transgender involvement 10
in the mainstream
4. Policy framework for Madhya Pradesh
4.1 Objective of the policy 11
4.2 Approach 11
4.3 Strategies and responsibilities of the policy implementation 11
4.4 Implementation arrangements and framework
4.4.1 Constitution of State Transgender Welfare Board 17
4.4.2 Constitution of State Level Committee on Transgender 18
4.4.3 Constitution of District Transgender Welfare Committee 19
4.4.4 Role and Function of State Transgender Welfare Board 20
4.4.5 Role and Function of State Level Committee on Transgender 20
4.4.6 Role and Function of District Transgender Welfare Committee 20
4.5 Monitoring and Evaluation 21
Annexure
1. List of Participants 22 2. Case studies, Vignettes & Interview with TG community members 23
3. Application forms for TG Identity card 29
References
1
1. Background
Third gender/ Transgender are also creatures of God. They too have heart, soul, emotions
and feelings. They also laugh and cry, they also feel joys and sorrows, and they also
believe in God. They need what we need, they do what we do. The Transgender
community has been a part of Indian society for centuries. There is historical evidence of
recognition of “third sex” or persons not conforming to male or female gender in the
writings of ancient India. The idea of “tritiya prakriti” had been an integral part of the
Hindu mythology, folklore, epic and early Vedic and Puranic literatures, Vedic culture
recognized three genders. The Vedas describe individuals as belonging to one of three
separate categories, according to one's nature or prakrati. A third sex is also discussed in
ancient Hindu law, medicine, linguistics and astrology.
The principle of gender equality is enshrined in the Indian Constitution in its preamble,
fundamental rights, fundamental duties and directive principles. We are still a long way
from achieving what can be termed as ‘equality’ in the sphere of gender.
There are constitutional provisions which provides for gender justice in India. The
equality before the law means that the State shall not discriminate between two citizens –
every person is the same in the eyes of the law. On the other hand, equal protection of
laws enables the State to undertake positive discrimination in order to bring all citizens on
an equal footing. It gives the State freedom to make special provisions for disadvantaged
sections of the society, which includes affirmative action and special status for
transgenders as well.
2. Introduction
Being a Welfare State, in India there have been provisions for targeted welfare
programmes for several marginalized communities who have faced long-term oppression
on the basis of their caste, tribe, religion or occupation. However, transgender people in
India until recently have been neglected and did not come into the purview of targeted
welfare programmes of the state or central government. Lack of recognition (both at legal
and administrative levels) of the gender identity of the transgender people means they
could not access the existing government schemes even otherwise if they are eligible for
those entitlements and benefits. The genesis of the problem of the Transgender in India
lies in the stigma and discrimination they face in the society, resulting in their exclusion
from socio-economic and political spectrum. In the last couple of decades increasing
social awareness has created a conducive environment of understanding and fair-play for
the community that has given rise to a new hope for them like any other citizen in the
society.
In the National Legal Services Authority (NALSA) vs. the Union of India was a
milestone judgment passed in 2014. The Honourable Supreme Court of India (vide
judgment dated 15th April, 2014) has firmly established the right to equality and equal
protection for transgender persons (TGs) under Articles 14,15 and 16by prohibiting
discrimination on the ground of gender identity. It has expanded the scope of the term
2
'sex' in Articles 15 and 16, which till recently referred only to binary genders of male and
female, to include TG as a third gender. To enforce the constitutional rights of
transgender under this judgment, Kerala government took a landmark step and has
developed a State Transgender Policy in 2015.
The Social Justice Ministry issued a notification on January 10, 2019, notifying the
Transgender Persons (Protection of Rights) Act, 2019, which was passed by Parliament
on November 26 and given Presidential assent on December 5, 2019
On 5th December, 2019 the Transgender Persons (Protection of Rights) Act came into
force.
Under sub section 2(k), The Act defines “transgender persons” means a person whose
gender does not match with the gender assigned to that person at birth and includes trans-
man or trans-woman (whether or not such person has undergone Sex Reassignment
Surgery or hormone therapy or laser therapy or such other therapy), person with intersex
variations, gender queer and person having such socio-cultural identities as kinner, hijra,
arravani and jogta.
This document is to provide enabling policy framework to the State government on how
the transgender community can regain identity in the society. It suggests the programs
which should be implemented by the government through the policy, which can help
transgenders uplift their status and get their due respect from the society.
3. Summary of analysis and findings of Transgender issues in Madhya
Pradesh
Transgenders are one of the most discriminated high risk groups. Findings say that
literacy rate is low in the TG population, as compared to general population. The
employment level in the Transgender community is much lower, compared to the general
population. Transgender’s real or perceived association with sex work; trans status,
effeminate behavior, dress code, physical appearance and others contribute to the multiple
forms of discrimination they face from society, family, neighbour hood and institutions.
Many of the employees due to lack of adequate basic knowledge and information of
problems and issues concerning transgender persons are unable to handle matters relating
to transgender persons, which often results in dropouts from employment in the TG
community.
Methodology
The methodology for the study contained of a mix of secondary research and primary data
collection. The study depends on the information from the secondary data sources to list
the social protection schemes related to transgender and assess the current utilization
pattern of schemes by TGs. Literature review helped to organize the type and number of
schemes both from central and other state governments. Individual and group discussions
further threw light on the degree of obstacles and access to schemes by the TG
3
Community. Due to Covid19 outbreak, individual and group discussions were done
through online video conferencing/ telephonic interviews and case study.
Data Collection
Representatives from the transgender community were studied to get a closer view of
their lives and their struggles; they were also involved in the data collection from various
NGOs and agencies. Data was collected from multiple sources and methods such as –
Stakeholder consultation, Video conferencing, Interview with key informants, case
studies and document reviews. Snowball sampling has been used for data collection.
Ethical Acceptance
As this is a highly sensitive issue, to get ethical acceptance, all stakeholders were well
informed in advance about the aims and objectives as well as expected advantages of the
this study.
3.1 Stakeholder consultation
To understand the situation and issues of TGs in the state of Madhya Pradesh, first
stakeholder consultation was held by Centre for Urban Governance at AIGGPA, Bhopal
on 24th Feb, 2020 with the members from Transgender community to discuss the issues
concerning TG community. Eleven TG community members/activists participated in this
consultation from Bhopal, Indore and Hoshangabad districts. All the participants were
either graduate or postgraduate with most of them were working in the social
development sector.
The discussions included open ended questions to understand the issues and challenges
faced by the TG communities with regard to access to social entitlements and possible
solutions for enabling access. Discussion were done in different categories of
Transgenders welfare as - Citizenry Rights, Education, Economic Development, Financial
security, Food security, Health, Nutrition and Medical, Housing Security, Identity, Legal
Services, Sanitation, Transportation and other Issues.
S.No. Issues Discussed
Suggestions by the TG Community
Members
1 Citizenry Rights
• Prevention of atrocities including
trafficking & those related to
adoption, help lines and
rehabilitation.
• Provision of grievances redressal platform.
• Support of civil society organizations
to advocate for their cause and begin
efforts that support claims for
adoption.
• It was informed by the members of
TG that there is no child adoption
policy for them. There should be a
law for this. They further informed
that they should be embraced as a single parent.
4
• There is a need for specific help line numbers/ grievances redressal
platform for TG.
• Recognition of their right to vote as citizens, reservation of seats in
elections, etc. should be done.
• Currently there is no provision for a
marriage certificate for them, which
should be done.
2 Education
• Fellowships and scholarships for
primary, secondary and post-
secondary education & for
pursuing research.
• Literacy programmes.
• Academic awards.
• Hostels and reservation in
courses;
• Vocational education schemes.
• Trades for skill development
training.
• Special coaching for competitive exams.
• Need to provide special quota or
reservation for education.
• Need to provide free or subsidized
coaching facility for competitive
exams.
• Need to provide special academic award to motivate TG students.
• Quota or reservation for skill
development training.
• Gender subject should be included in
school education curriculum.
• There should be some specific trades, in which skill development training
should be provided.
• There should be provision for TG in
PM skill development scheme.
• Due to lack of sensitivity amongst the
society, TG finds it difficult to
continue their education resulting in
early dropouts and thus resulting in a
very few being able to complete even
higher education.
• Teacher's attitude is also detrimental and non-cooperative towards TG
students which should be checked.
• Teachers should be trained to handle
such students, help them and protect
them from peer pressures and
bullying.
• Due to high level of discrimination,
the rates of school dropout children`
are very high and this should certainly
be checked.
3 Economic Development
• Livelihood and employment
schemes such as interest
subsidies, skill development,
loans and direct employment
schemes.
• Zero discrimination on the ground of gender in employment.
• Quota or reservation in govt. jobs.
• CSR funds should be mobilized for
TG community welfare.
5
• Possible areas for employment • Currently loan is not provided by any banks for TG community members which should be provided.
4 Financial security
• Pension; life, accident, disability
and crop insurances;
• Other financial assistance; endowment schemes and
financial inclusion programmes
• Old age pensions
• Social security pensions
• Prioritizing areas where TGs are
likely to be employed.
• Provision of old age pension for TGs.
• Counselling, education and preparedness for start-up.
• Provision for legal aid to property
rights in parental property.
• Provision for nominations in parents
pension
5 Food security
• Right to Food Act, entitlement
cards that provide subsidised grains, and provision of low cost meals
• Need for reservation in govt.
Schemes, BPL card, ration card.
6 Health, Nutrition and Medical
• Non-stigmatized medical services.
• Financial assistance for sex
reassignment surgeries or sex
reassignment surgery in govt.
hospitals/medical colleges.
• Counselling and mental health
support.
• Nutrition programmes.
• Ayushman Bharat Yojna
• Need to take equal care in health care providing services without any
discrimination.
• Need to provide non-stigmatized medical services
• Sex Reassignment Surgery (SRS)
facilities in govt. hospitals.
• Specialized counselling and mental
health support with special
counsellors in the govt. facilities.
7 Housing Security
• Provide constructed houses or
financial assistance for construction of houses.
• Like – Indira Awas Yojna, EWS
• Quota or reservation in govt. housing
schemes.
• Facilitating address proof (e.g. State
TG institution certification)
• No incentives for the TG community
in allotment of homes under the
Pradhan Mantri awas yojana.
• Need for provision for Nari Niketan
kendra or one stop centers.
8 Identity
• All documentation accepted as
proofs of identity e.g. birth
certificate, voter id, adhaar card,
PAN card, ration card, ATM,
vehicle license, samagra id,
passport etc.
• Provision of changing name in
public document.
• Policy changes at State level to
address TG identity and address proof issues.
• State should facilitate changing
gender identity over time.
• Inclusion of Third Gender in all
applications/ forms.
• Provision and access for all IDs like
6
birth certificate, voter ID, adhaar
card, PAN card, ration card, ATM,
vehicle license, samagra id, passport etc.
9 Legal Services
• Free legal services,
• Mechanisms to ensure speedy
trial of offences and ensure
access to benefits, rights and
justice.
• Violence, harassment and sexual
assault prevention laws, legal and
protection services.
• Full Legal recognition of their gender
identity
• Police treats only like as sex workers,
so there is no complaint handling
protocol available in police department to TG community
10 Sanitation
• Programmes to eradicate open defecation and construct
individual toilets, or sanitary complexes.
• Inclusive gender neutral public toilet facilities.
11 Transportation
• Connectivity & Access • TG friendly public transport & seat
reservations.
12 Multi-category
• Schemes that provide benefits
across diverse areas; for e.g.
Sabala, a national programme
ensures access to education, health, life and vocational skills
• Need to reservation for TGs in govt.
Schemes, BPL card, ration card,
pension schemes, insurance programs
and business loans schemes facilities and skill development programs.
13 Other Issues
• Public awareness and sensitization
programs for society, government
officials, health care providers,
common public and police to protect
stigma and discrimination which TGs face in day to day life.
Stakeholders consultation with TG community members at AIGGPA
7
3.1.1 Video conferencing with TG Community Members/Activists
During to theCovid19 outbreak, the second round of consultation was done through the
online video conferencing. Consultations were guided by a moderator, who introduced the
topics for discussion and helped the groups to participate in an uninhibited atmosphere.
There were three consultation meetings organized through ‘whatsapp’ video
conferencing. First two were done with TG community people from the districts of
Bhopal, Gwalior, Ujjain, Hoshangabad, Jabalpur, Indore, Itarsi, and Katni and third one
with the national TG community leaders/ activists from the state of Kerala, Tamil Nadu,
Odissa, Chhattisgarh and Maharashtra. The following points emerged from these
discussions: -
• The government officials of concerned departments themselves need sensitization
through workshops. Government officers still assume that TGs’ have enough income
through begging and sex work which places them above poverty line. Hence, they
presume that TGs do not need access to the schemes for the below poverty line
beneficiaries. They fail to empathize with the TG community.
• Health care providers should be sensitized because extreme discrimination happens in
the health facilities where the doctors do not attend to TGs. TGs are often tossed between
male doctors and female doctors or they are kept waiting for long hours.
• TGs are heavily dependent upon Toli-Badhai, and they have no other sources of
income for their survival. One of the felt need is to provide special reservation in
government jobs, quota for skill development training etc.
• The change of gender on existing identity cards is also a cumbersome and
burdensome process, there should be a provision for change of gender on the existing
Identity card which can ease the process.
• Extreme form of discrimination happens in educational institutes. Dropout rates of
TGs are very high due to gender discrimination. Teachers and other staff should be
sensitized so that they could be supportive, sensitive and render positive response.
Discrimination in educational setup with transgender should be a criminal offense.
• To sensitize the common people/society, massive mass campaign of sensitization
should be organized, so that people could empathize with the transgenders and their
issues. It will definitely aid to reduce the stigma and discrimination towards TG
population.
• TGs often face housing problem, as they are forced to leave their parental homes. If
she is in Toli-Badhai & not residing with a Guru, then she needs to have a rental
accommodation, but getting a house on rent is difficult due to their gender identity. Same
situation is faced by those TGs who are involved in other professional work and need
rental accommodation. Even if any TG is capable and wants to buy her own house or flat
the builder would not sell due to the gender identity. So housing is one of the formidable
challenges for the TG population and it should be addressed in the TG policy with all the
ramifications.
8
m Participants- TG com unity Members
Abdul Rahim
Qualification - M.Com & M.Music.
From - Jabalpur,M.P.
Chand,
Qualification - MSW
From - Katni, M.P.
Lara
Qualification - 12th
From - Jabalpur,M.P.
Pooja
Qualification - 5th
From - Indore, M.P.
• There should be a suitable amendment in the guidelines allowing child adoption for
transgender people to adopt and raise the child as a single parent.
• There should be a provision for the easy availability of all the basic ID's like birth
certificate, voter ID, Aadhar card, PAN card, vehicle license, ration card & passport etc.
In Chhattisgarh special TG cards are issued to the member of TG community which aids
TG community to avail the services and facilities for TG community.
• Positive & motivational TG case studies should be incorporated in the educational
syllabus so that the coming generation become aware about the TG issues.
Participant- TG community Members
Panchali Guru
Qualification - 5th
From – Hoshangabad, M.P.
MahiAtle
Qualification – 12th From - Indore, M.P
Sandhya
Qualification – 5th From – Gwalior, M.P.
Poorwa
Qualification – BA
From – Budhni, M.P.
9
Participant -TG community Members from
other States
Shweta
From – Chennai, Tamil Nadu
Vidya Rajput
From – Raipur, Chhattisgarh
Soumya
From – Mumbai, Maharashtra
Meera
From – Bhubaneswar Odisha
Kalpana
From – Thiruvananthapuram, Kerala
3.2 Literature review
Documents that were reviewed include;
• Hon'ble Supreme Court order of 2014
• The Transgender Persons (Protection of Rights) Act, 2019, Govt. of India
• State Transgender Policy of Kerala
• "SWEEKRUTI" State Transgender Policy of Odissa
• Tamil Nadu State Transgender Welfare Board Report
• Relevant literatures from the government and non- governmental agencies
3.3 Policy implementation challenges in different States
• In Odissa budget allotted to TG welfare board twice but due to political issues funds
remained unutilized. There needs to be a mechanism to utilize the
judiciously.
• In Tamil Nadu approx. 65% general population supports TGs
money timely and
for their rights &
betterment. But still TG population face stigma and discrimination, so there should be an
awareness campaign for general community as well as govt. officials.
10
3.4 Current initiatives &way forward for Transgender
involvement in the mainstream –
• Gujarat’s Zoya Khan becomes the first transgender operator of the Common Service
Center in India. (Zee media bureau July 04, 2020)
• Central Police Forces to recruit transgender people as ‘Third Gender’ soon.
(@timesgroups.com)
• Odisha extends Madhu Babu Pension benefits to transgender community. (@otvnews,
July 03, 2020)
• The Indian government has decided to induct members of transgender community in
the country’s elite paramilitary forces. (@matrabhumi.com July 02, 2020)
• The Kerala high court recently issued a slew of directions in order to put an end to the
issues faced by the transgender community amid COVID-19 pandemic.
(@BarandBench.com, July 1,2020)
• Meera Parida, Odisha’s first transgender politician. All set to publish her two maiden
books. (@odishabytes.com, July 1, 2020)
• The Noida metro station is dedicated to transgender community; first of its kind in
North India. (@timesofindia.com, June 23, 2020)
• The US Supreme Court ruled that federal law protects LGBT workers from
discrimination. (The Wall Street Journal, US, June 15, 2020)
• Free gender reassignment surgeries soon at govt. hospitals under new transgender
rights rules. (The Print, New Delhi, June 8, 2020)
• Transgender to get monthly pension in Jammu & Kashmir. (nagpurinfo.in, May 28,
2020)
• Free helpline for the mental health care of the transgender community (by National
Institute of Social Defense, (@NISD_India, May 12, 2020)
• BSF and CPRF are agree to recruit transgender in force in India.
• Scotland is set to become the world’s first nation which will teach LGBTQ inclusive
school curriculum from 2021.
11
4. Policy framework for Madhya Pradesh
4.1 Objective of the TG Policy in Madhya Pradesh
• To ensure the effective implementation of “The Transgender Persons (Protection of
Rights) Act, 2019 in the state.
• To expand outreach activities for the protection of rights and entitlements of
transgender persons in the state.
• To promote individual and group endeavors by transgender persons for employment,
as well as self-employment.
• To build an enabling environment to ensure equal opportunities, equity, social justice
& empowerment of transgender persons of the state.
• To live with dignity and enjoy a life free from all forms of violence along with
freedom of expression in all matters.
• To encourage voluntary action and participation of all stake holders for ensuring
effective social integration of transgender persons.
• To participate in the key development decisions that shape their lives and community.
• To strengthen the existing implementation mechanism and create facilities for the
coverage of all transgender persons of the state
4.2 Approach
The policy approach shall facilitate the following-
• Ensure that all rights of TGs are protected and enforced, including the right for self-
identification of gender as man, woman, or TG.
• Ensure equal access to all services of the Government.
• Provide mechanism to improve the lives of TG Persons.
• Steps to create public awareness so that TGs community feel that they are also part of
the social life and not be treated as untouchables.
• Effective mechanisms to address issues of violence and harassment faced by TGs.
• Effective implementation and monitoring that TG rights are being protected and
implemented.
• Provide proper measures for medical care to TGs in the hospitals and also provide
them separate public toilets or gender neutral toilets in different institutions.
4.3 Strategies and Responsibilities of Policy Implementation
TGs have unique needs which are often overlooked and ignored by the society. They are
forced to live an unprivileged life in their own country as accord other citizens. To cater
to this situation there is a need for the policy in the State. This policy shall encompass all
the categories of the TGs. This policy emphasizes the right of the TGs to self-identify as
stated in the Supreme Court’s Judgment of 2014 and “The Transgender Persons
(Protection of Rights) Act, 2019, Govt. of India”
12
Right/social
protection
needs
Proposed activity/TG specific schemes Responsibilities
Citizenry
Rights &
Identity
• Provision of grievance redressal platform and
specific help line number for TG.
• Amendment in Law for child adoption &
rendering care as a single parent.
• Provision for all basic ID's like birth
certificate, death certificate, voter id, Aadhar
card, PAN card, ration card, ATM, vehicle
license, Samagra id, passport etc.
• Member of the TG community shall be
provided TG identity card, which shall be
linked to Aadhar card. This TG ID card will
enable them to avail any of the required
services.
• Provision of changing name in the public
document.
• Inclusion of Third Gender in all applications/
forms.
• Transgender persons shall be refrained from
being called as Chhakka, Hijra, Mamu etc. in
public. They must be known and addressed by
their name. Strict provision shall be made
regarding this.
• Overall
responsibility
of all relevant
departments
and service
providers
Education • Fellowships and scholarships for primary,
secondary and post-secondary education.
• Special academic awards.
• Special quota in hostels & courses.
• Free coaching for competitive exams.
• Gender subject should be included in
education curriculum. There should be an
unbiased personification of representing
societal diversity.
• Education grant shall be provided to support
higher Education
• Educational institutions/Universities shall
establish an anti-discrimination cell to monitor
any form of discrimination/harassment against
TGs.
• Raise awareness of school/college students
towards TGs, starting with the upper primary
level.
• Department of
School
Education
• Department of
Higher
Education
• Department of
Technical &
Medical
Education
• Department of
Commerce,
Industry and
Employment
13
Economic
Development,
Employment
& Financial
Security
• Providing skill development trainings along
with entrepreneurship development training to
the transgender persons to enable them to start
income generating activities on their own or
get gainfully employed. (Livelihood and
employment schemes for TGs)
• Quota or reservation in government jobs shall
be considered.
• Access to employment opportunities by
registering in government employment
exchange and Job fairs/Mela for employment
opportunities for TG.
• Mass congregations for marriages in TG
community shall be promoted.
• Self–employment grants/loans must be
available to the TG to initiate income
generating for encouragement.
• Stipend amount shall be provided.
• Start up kit / self employment kit shall be
provided to start new business depending upon
their trade skills and requirement.
• Participatory mode programmes like,
formation of SHG shall be promoted on
priority basis and supported with financial
assistance.
• Workplace sexual harassment policies shall be
made TG inclusive.
• Financial assistance should be provided as
monthly pension for destitute TGs and those
above the age of 55.
• Talent in music, dance, theatre performance
etc shall be explored by the department and
encouraged by providing training stipends,
fellowships etc.
• Posts pertaining to Traffic Management,
Revenue Collection etc, TGs shall also be
given priority in recruitment.
• Department of
Social Justice
• Department of
General
Administration
• Department of
labor
• Department of
Commerce,
Industry and
Employment
• Department of
Panchayat and
Rural
Development
• Department of
Urban
Development
and Housing
• Department
Micro, Small
and Medium
Enterprise
• Department of
Technical
Education and
Skill
Development.
• Department of
Culture
Food security • Enrolment under National Food Security Act,
entitlement cards for subsidized grains, and
provision of low cost meals.
• Provision of food Ration cards under public
distribution system shall be given to the TGs
to provide food materials at free/subsidized
• Department of
Food and Civil
Supplies
• Department of
Revenue
• Department of
14
cost. Panchayat &
Rural
Department
• Department of
Urban
Development
and Housing
Health,
Nutrition and
Medical
• Non-stigmatized medical services.
• Financial assistance for sex reassignment
surgeries in select govt. hospitals/medical
colleges.
• Counselling centre for smooth gender
transition and proper post-operative follow-up
counselling and mental health support.
• Nutrition programmes for TGs.
• Enrolment under Ayushman Bharat Yojna.
• TGs should be included in the Rashtriya
Swasthya Bima Yojana and provided health
insurance.
• All hospitals shall provide health care facilities
to transgender persons without any
discrimination, so that they can access any
hospitals without hesitation.
• Separate HIV sero-surveillance centre should
be established to address several sexual health
issues faced by TGs
• Training and sensitization of health care
providers about TGs and their health issues.
• Department of
Health &
family welfare
• Department of
Medical
Education
Housing • Provide constructed houses or financial grant • Department of
Urban
Development
and Housing
• Department of
Women &
Child
Development
• Department of
Social Justice
• Development
Authorities
and Housing
and
Infrastructure
Security for construction of their own houses.
• The State shall promote and incentivize the
TG community in allotment of homes under PMAY.
• To cater to the aspirations and requirements of
TGs, need based rental housing shall be
encouraged at affordable prices in sync with
the National Urban Rental Housing Policy
2015 and mentioned in Real Estate Policy for
Madhya Pradesh 2019.
• Provision for Nari Niketan Kendra like one stop centers.
• Short stay home for transgender persons in
crisis.
15
Development
Board
Legal
Services,
Dignity &
Life without
violence
• Free legal services.
• Prevention of atrocities including trafficking &
those related to acceptance, help lines and
rehabilitation.
• Violence, harassment and sexual assault
prevention laws, legal and protection services.
• Full Legal recognition of their gender identity
• Provision for legal aid to property rights in
parental property.
• Every Police station should amend forms to
record and compile statistics of crime against
TGs.
• TG helpline (24X7) and crisis management
centre - run by the Social Justice Department
with the help of NGOs and CBOs (working in
the field of TGs)
• Sexual assault, sexual harassment and
domestic violence laws should be TG
inclusive. The state government should take
action to ensure that laws against gender –
based violence are made TG- friendly
• Criminal and disciplinary action against
delinquent police official in cases of violation
of human rights of TG person
• Ensure the right of TGs regarding marriage,
partnership, live-in relationship and parenting.
• Provision for legal aid to property rights in
parental property.
• Ensure separate toilet facilities or gender
neutral toilets in public places for TGs.
• Community policing shall ensure the respect
of transgender persons in the society.
• Law
department
• Department of
Home
• Local Self
Government
Department
• Social Justice
Department
• Department of
Urban
Administration
• Department of
Information
Technology
Freedom of
Expression
• Steps shall be taken to prevent TGs from being
punished or harassed for cross- dressing and
their gender-specific behavior.
• Ensure TG cultural activities through:
Providing opportunities/platforms for
enhancing their artistic skills as well as
facilitate their participation in state and other
festivals to perform. State support shall be
• All relevant
departments
• Department of
Culture
• Department of
Tourism
• NGOs and
16
provided to organize of fairs,
TV/Radio/Print/Electronic media publicity/
Cultural shows/Hoardings and banners/ Sport
activities/ Beauty competitions and publication
of magazines or newsletters etc.
• Public awareness and sensitization programs
for society, government officials, health care
providers, common public and police to
sensitize them about the stigma and
discrimination which TGs are facing day to
day life.
• To address the TG issues, special provision
will be made to sensitize Govt. officials, NGO
heads, corporate managers and such other
officials on issues relating to transgender
persons.
• In all basic/ foundation training programmes
of government officers, transgender related
curriculum shall be included.
• State should announce to celebrate Trans day
(15th April, the date of Supreme Court
Judgement). It shall help in bringing
awareness about the TG community.
CBOs
(working in
the field of
TGs)
• Department of
Public
Relations
Capacity
Building for
the
Sensitization
of the officers
of
Government
departments
• As transgender is a cross cutting issue for
many department, due to lack of adequate
knowledge and information, a special
provision shall be made to sensitize Govt
officials, NGO’s etc on issues relating to
transgender persons.
• Establish capacity development of counsellors,
Anganwadi workers, ICDs, and other frontline
service providers to be responsive to the needs
of TG children.
• Workshop/ seminar shall be organized for
sensitizing and awareness of public as well as
government officers about transgender issues.
• Department of
Social Justice
17
4.4 Implementation Arrangements and Framework
Department of Social Justice, Government of Madhya Pradesh will be the nodal
department for the implementation of this policy.
4.4.1 Constitution of State Transgender Welfare Board
For the functional oversight of the policy, the State Transgender Welfare Board will
be constituted by the Government of MP as follows:
Members of the State Transgender Welfare Board
Chairperson Hon’ble Minister of Social Justice, Govt. of MP
Member Secretary
Principal Secretary, Department of Social Justice, Govt. of MP
Members • Principal Secretary, Department of Home
• Principal Secretary, Department of Finance
• Principal Secretary, Department of Health
• Principal Secretary, Department of General Administration
• Principal Secretary, Department of School Education
• Principal Secretary, Department of Higher Education
• Principal Secretary, Department of Law
• Principal Secretary, Department of Revenue
• Principal Secretary, Department of Commerce, Industry and
Employment
• Principal Secretary, Department of Panchayat and Rural
Development
• Principal Secretary, Department of Labor
• Principal Secretary, Department of Food and Civil Supply
• Principal Secretary, Department of Women and Child Development
• Principal Secretary, Department of Culture
• Principal Secretary, Department of Information Technology
• Principal Secretary, Department of Urban Development & Housing
• Commissioner, Social Justice
• Commissioner, Public Relation
Nominated
Members by
the
Department
of Social
Justice
• Two representatives from an NGO which is working in the field of
Transgender Welfare.
• One representative from MP Human Rights Commission.
• One representative from MP State commission for woman.
• One representative from SC-ST Commission
• One representative from OBC Commission
• One representative from Madhya Pradesh Nirdhan Aayog
• Five representatives from TG community of the Madhya Pradesh.
18
4.4.2 Constitution of State Level Committee on Transgender
The State level committee will act as Executive Committee of the State Transgender
Welfare Board. Constitution of the committee will be as follows:
Members of the State Level Committee on Transgender
Chairperson Principal Secretary, Department of Social Justice
Member Secretary
Commissioner, Social Justice
Members • Principal Secretary, Department of Home or his/her representative
not below the rank of DIG
• Principal Secretary, Department of Finance or his/her representative
not below the rank of Deputy Secretary/Joint Director
• Principal Secretary, Department of Health or his/her representative
not below the rank of Deputy Secretary/Joint Director
• Principal Secretary, Department of School Education or his/her
representative not below the rank of Deputy Secretary/Joint Director
• Principal Secretary, Department of Commerce, Industry and
Employment or his representative not below the rank of Deputy
Secretary/Joint Director
• Principal Secretary, Department of Labor or his representative not
below the rank of Deputy Secretary/Joint Director
• Principal Secretary, Department of Women and Child Development
or his representative not below the rank of Deputy Secretary/Joint
Director
Nominated
Members by
the
Department
of Social
Justice
• Five representatives from TG community of the Madhya Pradesh.
• Two representatives from an NGO which is working in the field of
Transgender Welfare.
19
4.4.3 Constitution of District Transgender Welfare Committee
At the district level a Transgender Welfare Committee shall be established in each district
of Madhya Pradesh. The composition of district TG Welfare Committee will be as
follows:
Members of the District Transgender Welfare Committee
Chairperson District Collector
Member
Secretary
District Social Welfare Officer
Members • Superintendent of Police
• ADM
• Commissioner, Nagar Nigam/CMO, Nagar Palika
• Chief Medical Officer
• District Labor officer
• District Education Officer
• District Food and Civil Supply Officer
• District Women and Child Development Officer
• District Public Relation Officer
Nominated
Members
• Two representatives form a community based Organization
(CBO)/ NGO/ which is working in the field of Transgender
Welfare.
• Four representatives from TG community.
20
4.4.4 Role and Function of State Transgender Welfare Board
• Overall monitoring, supervision, final approval of the activities of State level Committee
will be done by State Transgender Welfare Board.
• To issue directives to the State level committee as and when required.
4.4.5 Role and Function of State level Committee on Transgender
Functions of the State level Committee on Transgender would be as follows:
• The State level committee on Transgender will be the executive committee of State
Transgender Welfare Board. All the executive functions shall be carried out by the
State level committee, which will prepare and present a report to the State
Transgender Welfare Board for final approval on the same.
• The Committee shall monitor and overall implementation of the State Transgender
Policy of the Madhya Pradesh.
• To advice the State Transgender Welfare Board on the formulation of policies and
programmes with respect to transgender persons.
• Ensure convergence of existing schemes across concerned departments for a more
targeted and focused approach towards well-being of Transgender community.
• Issue guidelines as and when required to ensure equality and equity of Transgenders.
• Ensure that the development projects, programmes, and schemes are formulated and
adequate funds are allocated for effective implementation of Transgender policy,
• Ensure that every concerned department submits an annual report on steps taken to
protect TG rights, budget expenditures etc, from each department
• To take steps for the rescue, protection and rehabilitation of transgender persons to
address the need of such person.
• To review and coordinate the activities of all the relevant department of State
Government as well as NGO’s/CBO’s which are dealing with matters relating to
transgender persons.
• Facilitate awareness programmes, in association with NGOs and community-based
organizations (CBO) to sensitize public about TGs through mass media and other
method of publicity campaign.
• To seek report from the District Transgender Welfare Committee on complaints by
any member of TG community.
4.4.6 Role and Function of the District Transgender Welfare Committee
At the district level, the District Social Welfare Office shall be responsible for proper
implementation and monitoring the policy. The role and the functions of the District
Transgender welfare committee would be as follows
• Implementing and monitoring programmes for the overall development and
betterment of the transgender persons.
21
• Constitute a screening committee for the verification of the application for the issue of
gender identity certificate.
• Issue recommendation to the Chairman, District Transgender Welfare Committee for
gender identity certificate based on the reports of the screening committee.
• Set up and monitor TG support and Crisis Intervention Centers (TSCIC), on the
model of Rape and Crisis Intervention centers. The centre should undertake
counselling programmes, mental health services, sensitization programmes and crisis
intervention, with the help of NGO's/ CBOs. The centre should also function as an
information centre and support centre for the TGs and the parents of gender nonconforming
children. The centre should include qualified counselors and community counselor.
• Consistently organize TG community events and programmes to sensitize
stakeholders about the issues of TG community.
• Survey and identification of all transgender persons and creation of detailed database.
• Every transgender identity card shall be linked with Aadhar card of transgender
persons, to take all the benefits of governments’ schemes under the policy.
• Shall periodically review the implementation of the policy and provide corrective
directions.
4.5 Monitoring and Evaluation
• The State Government shall prioritize the monitoring and evaluation of
implementation of the policy.
• Impact evaluation shall be conducted annually at the state level by an external agency,
to understand the effectiveness, achievements and to understand the impact of the
policy on transgender community.
• Department of Social Justice, Govt of MP shall also conduct a mid-term evaluation of
the policy implementation as required.
22
Annexure 1
Following TG community members were participated in Stakeholders consultations and
video conferencing, case study and interview.
• Sanjana Singh Rajput, Bhopal,
• Syed Julie, Bhopal,
• Aman Pathak, Bhopal,
• Shivam Baghel, Bhopal,
• Kapil Soni, Bhopal,
• Himanshu Pathak, Hoshangabad,
• Sandhya, Indore,
• Noori Khan, Indore,
• Avni Soni, Bhopal,
• Jenifer Anthony, Bhopal
• Suriyya, Indore.
• Mahi Atle, Indore
• Sandhya,Gwalior
• Poorva, Budhni
• Abdul Rahim, Jabalpur
• Chand, Katni
• Lara, Jabalpur
• Pooja, Indore
• Shweta, Chennai
• Vidya Rajput, Chhatisgrah
• Meera, Bhuvneshwar, Odisha
• Soumya, Mumbai, Maharashtra
• Kalpana, Kerala
• Priya Babu, Tamilnadu
23
Annexure 2
Case studies, Vignettes and Interviews with TG community members/
activists
For the purpose of the study and examining the TG community closely, some case studies
elucidating the life experiences of a few active and potential members of the Transgender
community are discussed herewith, to understand and address their issues.
Abdul Rahim, Jabalpur
Qualification - M.Com and MA in Indian
classical music.
Since childhood Abdul Rahman faced
many problems due to feminine behavior.
During school and college life fellow
classmates used to tease Abdul and was
even sexually assaulted by seniors.
It was hard for my family to accept the
way things were and
possible ways to be
they attempted all
a 'Mard' which
Abdul was biologically, by the society.
After completing education Abdul tried to
get a good job but he was denied
because of the effeminate behaviour, which
according to the people/society was against Abdul’s gender identity.
He was forced to start begging for alms and joined ‘Badhai Mangna’ with the help of a
few transgender friends. It was easy money and helped him be what he wanted i.e. to
behave & dress up like a female. For almost 12 years of being a KINNAR he realised that
he was a creative person and not made for this job. He was born to do something
different.
He started work as an LGBT activist, which he is still actively pursuing. Even after an
open discussion with the family about his gender expression, he is still struggling for the
same and is till date forced to undergo medical check-ups and psychological tests.
The harrowing actions did not pull him back and in year 2019, he was selected as a
research fellow by FIA Foundation for a fellowship program based on Indian
Constitutional Values, funded by Azim Premji Foundation. He enjoys writing stories and
poems, and recently in February 2020, he was selected for a National level transgender
poetry meet (Kavi sammelan), organized by Sahitya Academy, Delhi, as a transgender
poet and represented the state of Madhya Pradesh.
24
Sandhya Ghavari, Indore
Sandhya Ghavari Born in a male body with
a female soul, is what Sandhya realised as
she grew up. Unable to understand her
gender identity, in loneliness she often
cried and prayed in front of God as to why
this happened to her. She had more girls as
her friend because she felt secure and
comfortable with them. Boys used to tease
her, comment, and make jokes. She used to
hide her toys and dolls from family
members for the fear of revealing her
identity. As she grew up, she realized that
she was unlike boys and had a girl inside
her. She did question sometimes that why am
I not like others? Why do I not feel safe with boys? What would happen if I am called
Hijda or Chhakka? Gradually she started staying aloof from society and family.
From being sexually harassed to having suicidal bouts she somehow tried to pursue her
studies. But due to the jibes and harassment she could not concentrate and cope up with
her studies. She failed in second year of graduation. As destiny would have it she dropped
from studies and went to Dewas to her sister’s home. She started job in housekeeping and
joined a Gym; thinking this would help her feel what she biologically was, a man. But it
was all in vain, one could convert a body but conversion of soul was difficult.
After that she started her job in a call centre in Indore but she still felt alone with no
friends. It was then she came to know about an organization of LGBT community, who
was working for HIV /AIDS. It was there she met a lot of people like her. Most of them
had a similar life story. They used to live like her, they applied makeup and loved to
dance. She found people who could understand her feelings. She forgot all her pain and
loneliness. Further on she started working as a field worker. Her job was to find and
contact people like herself and make them aware and take them to government hospital
for HIV testing. Through her job she got an opportunity to go to Mumbai. An
organization called Anamprem, organized fair for LGBT community in Mumbai. She
wore saree in the congregation and was extremely happy in dressing up the way she
wanted. She was introduced to many people from the TG community who were educated
and doing jobs. She realized her potential and decided to be like them and prove herself to
the society and not be mocked time and again.
However as fate would have it she lost her job and was forced to join a Kinner group to
make ends meet. She was raped and abused several times. She faced hell. The meagre
amount she earns went half to her Guru.
25
She returned to Indore again and joined as office boy hiding her identity. But her boss
sexually harassed her again and she was forced to leave the job. She then joined an NGO
as Sandhya not Sandeep. She realised that she had to accept herself first, only then the
society will accept who she really was. She joined as project coordinator in that NGO.
She registered the NGO named Transgender welfare Society with an aim to educate the
TG community, work for their skill development, and make their life better.
She finally received accolade and motivation for her work. She also works for Oorja Desk
(Mahila help desk) with Indore police department. She apprises ladies working in
anganwadis and government schools regarding Oorja desk's work and help them in their
crises. Apart from this she also goes to school to educate children about sex, sexual
harassment and how to combat them. She finally found respect and earned name in the
society. Her mother has also accepted her and started addressing her as Sandhya. She is
content and happy about her gender identity.
Sanjana Singh Rajput
When a child is born, its genitals decides
its gender which is the social identity of
that child. But TGs are born with a male
body and female soul often called Kinnar.
With such strong thoughts Sanjana
believes that God blessed TGs with two
different kinds of qualities but the society
does not relate to it.
Sanjana is the first Transgender who got
govt. job in the state of Madhya Pradesh,
as PA to the Director, Department of
Social Justice and
struggled a lot to reach
Welfare. Sanjana
this position. Her
family, her brother used
Kinnar group and joined
gender expression was not accepted in her to
traumatize her. As most TGs do she left home and joined the
ritual of Badhai Mangna. After she joined an NGO she
started as peer educator. Through her hard work she got promoted and extended outreach
as a worker and then a counsellor. She worked as an STI counsellor in Hamidiya Medical
College in Bhopal. She registered a CBO (Mitra Shringar Samiti) with the help of friends.
This was the first CBO of Madhya Pradesh and member of Integrated Network of Sexual
Minority (INFOCEM).
She is accoladed with many recognitions and awards. Sanjana is also the brand
ambassador of MP for Swachh Bharat Abhiyaan.
Sanjana successfully broke the role personification and stereotyping of TGs from singing
and dancing. She broke the shackles and helped the government in spreading message
26
regarding sanitation through Swachcha Bharat Mission. She has successfully changed the
way TGs are perceived in the society, especially in Madhya Pradesh. She has also
received an award from Mr. Amitabh Bachhan in a program organised by NDTV named
Detol Swachh Banega Bharat. She is indeed a role model for Transgenders in the country.
She is married and has a loving family with her husband.
Chandrapal Singh “Chand”, Katni
Chandrapal Singh alias Chand has
a masters in social work and is actively
working for the betterment of LGBT
community for the last 14 years.
As a tradition in TG community
especially in India, Chand was forced into
begging along with singing and dancing in
various ceremonies. But when faced with
the actual difficulties of TG life, Chand
was determined to do and pursue
something else, something better. Chand
joined the Targeted Intervention Project
as a counsellor in a Community B a s e d
Organization and worked for 4 years.
After that Chand worked as a state level
mentor in project Nirantar with India
HIV/AIDS Alliance funded by Central Disease Control.
Chand also worked with AHF India as a testing person. Currently employed as a freelancer
for the betterment of the TG community. Being a, TG Chand often faces problems in daily
life till date. With a Post-Graduation in hand, Chand is determined
advancement and rights of the transgender community.
to work for the
27
Interview of the TG Community Members/Activists
Vidya Singh Rajput ,Chhatisgrah
Vidhya Rajput, a Transgender activist, has emerged as a
leader ingathering rights revolution in India. Ms.Vidya
was born in 1977, in Pharasgaon, a small village south
of Raipur. Ms.Vidya, originally Vikas, knew at an early
age that she felt different from other boys, gravitating
to the girls in her village, learning to apply makeup
and secretly trying on her mother’s clothing.
Growing up transgender in India, Ms Vidya, 42, had
endured decades of abuse. It was a galvanizing moment
for Ms.Vidya, who since that confrontation a decade ago
has grown into one of India’s most prominent
transgender activists. Her talent for grass-roots lobbying has contributed to a remarkable
transformation across India. As asked to Vidya regarding the policy & schemes for TGs, her
response was as follows –
• There should be transgender specific schemes like education benefits,
scholarship/fellowship for TG students.
• Housing schemes for TGs, especially those who are in dire need, shall be brought
forth.
• There should be a TGWB in the state. Board shall have power to coordinate with
other departments as well, and board can identify the community needs time to time. She
further said as per the recent act, every state should formulate a state TG policy.
Priya Babu, Tamil Nadu
Priya Babu is a senior TG activist hailing from
Tamil Nadu. Stereotyped and discriminated
against, members of the transsexual community
are usually forced to live on the fringes and their
rich cultural history is forgotten. Through her
work, writer, documentary filmmaker, and
activist Priya Babu has been consistently trying
to dispel myths about TGs and her latest
venture, 'Idaiyinam'a documentary, is an effort
worth quoting.
28
The documentary is an extension of the work she has been doing. She says, "Eight years
ago, I began collecting books, magazines, and paper cuttings where there are references to
the community. I also began sourcing documentaries and short films, as well as research
papers on the community and government policies’ which she finally brought forth
through her documentary.
As asked to Priya Babu regarding the policy & schemes for TGs, she said –
• Firstly TG population shall be included in census. Their head count should be done in
the state to enhance their visibility in the community. Those who are cross dressers but at
the same time there are transgenders in the male attire as well, they shall be identified.
• TG specific ID card should be multilingual with local language as well as English. It
is recommended that these cards are UID based, with biometric record to prevent miss use
or duplication. Card should facilitate all the govt. schemes & services.
• Due to a small population of TG community an in-charge maybe appointed for 4 to 5
districts together as individual WB maybe difficult to be established for every district. It
can be established zone wise as well. An ID card & a letter should be issued to the in-
charge. He/she shall be the via media with the departments in their respective zones.
• STGWB should conduct meeting in every 3 months, so that all the zonal& district
level issues can be discussed along with grievance redressal.
• Departments should encourage qualified TG officers.
• There should be separate budget for TGWB.
• There should be a leaflet for TG specific schemes in local language which facilitates
the TG community and help them take benefits from the opportunities given.
• School education should have TGs included in the syllabus thereby helping children
who would eventually become part of the community to understand the TG community
and their issues better with empathy.
• A country wide transgender day should be celebrated. State should announce to
celebrate “Trans day” like woman’s day. On such occasions the state may initiate awards
to felicitate TGs for their outstanding performance or work in various fields. This can be a
major moral booster for the TG community.
29
Annexure 3
Application Forms
Form - 1
Application – cum – enumeration form for issue of transgender certificate of identity under under
Rule Transgender Persons (Protection of Rights) Rules, 2020 read with Section 6* / 7* of the
Transgender Persons (Protection of Rights) Act, 2019 * Strike out whichever is not applicable.
(State Emblem)
State Government of Madhya Pradesh
Office of the District Magistrate
Application –cum- enumeration form for issue of transgender certificate of identity under Rule
Transgender Persons (Protection of Rights) Rules, 2020 read with Section 6* / 7* of the Transgender
Persons (Protection of Rights) Act, 2019
* Strike out whichever is not applicable
Note:
1. Furnishing false information would result in cancellation of the identity card as stipulated under
Rule of Rules, apart from making you liable for penal action under the relevant Act(s) or/ and
Code(s).
2. Information provided by you in this application will be treated as confidential and shall not to be
shared with any person or organisation save the Central and / or State security agencies
1 Name
(i) Birth name (in capital letters)
(ii) Transgender name (in capital letters)
Out of (i) and (ii), name to be printed in the certificate of identity and in the identity card
2 Mother’s name
3 Father’s name
4 Guardian’s name
5 Gender
(i) Assigned at birth
(ii) Requested in the application Transgender
6 Date of birth or
Age as on the date of application
dd/mm/yyyy
years
7 Educational qualification
30
8 Name of the School or College or University with
complete address
9 Present address
10 Permanent address
11 Mother tongue
12 Place of birth
13 Domicile (for the last 12 months prior to the date of application)
14 Whom do you stay or live with?
(i) Mother YES / NO
(ii) Father YES / NO
(iii) Guardian YES / NO
(iv) Both Mother & Father YES / NO
(v) Alone YES / NO
(vi) Anyone else(Please specify)
15 Source of income
(i) Self-employed YES / NO
(ii) Please specify the nature of employment
(iii) Employed with Non-Government
Organisation*/ Self-Help
Group*/ Other Private
organisation*/ Central* or
State* Government or Union
Territory Administration*
office/ Any other* (Please
specify:
) * Strike out
whichever is not applicable
16 If you have a source of income, state your annual income
Under Rs 1,00,000 YES / NO
Between Rs 1,00,001 and 3,00,000 YES / NO
Above Rs 3,00,000 Please specify the amount: YES / NO
17 Do you have any of the following documents
31
(i) Date of birth certificate YES / NO
(ii) Aadhaar card YES / NO
(iii) PAN card YES / NO
(iv) Election Voter Identity Card YES / NO
(v) Passport YES / NO
(vi) Ration card YES / NO
(vii) Bank passbook YES / NO
(viii) MNREGA Card YES / NO
(ix)) Any other (Please specify YES / NO
18 Medical history (for those applying under section 7
of the Transgender Persons (Protection of Rights)
Act, 2019
(i) Have you undergone any medical surgery in the
context of transgender transition?
YES / NO
(ii) Please give details of 18(i)
(iii) Name and complete address of the hospital or medical
institute
(iv) Name of the issuing authority along with date
(v) Any other medical status you would like to share
(vi) Is the certificate of identity issued earlier under section
6 of the Act, or under any other Act or rule of any
Government, enclosed?
YES Can DM ask for this?
(vii) Any other information you would like to give
(viii) Have you attached affidavit prescribed in Form – 2 of
the Transgender Persons (Protection of Rights) Act,
2019 under Rule Transgender Persons (Protection of Rights) Rules, 2020 Yes
Yes
(ix) Your signature or your left hand thumb impression
Enclosed: documents as mentioned in the application
Place:
Date: Signature or left hand thumb impression
32
Form - 2
Format of affidavit to be submitted by a person applying for certificate of identity for transgender
persons under Rule Transgender Persons (Protection of Rights) Rules, 2020 read with Section 6
of the Transgender Persons (Protection of Rights) Act, 2019
(Affidavit should be on Non-judicial stamp paper of Rs.10/-) Competent Notary Civil, District (Name
of the District), (Name of the State)
I, (Name), son/daughter/ward/spouse of (name of the parent/guardian/husband), aged (in
completed years) , residing at (address) , (Tehsil), (District), (State) (Pin code) do hereby solemnly
affirm and declare as under:
1. I am a resident of the above address.
2. I perceive myself as a transgender person whose gender does not match with the gender assigned at
birth.
3. I declare myself as a transgender.
4. I am executing this affidavit to be submitted to the District Magistrate for issue of certificate of
identity as transgender person under Section 6 of the Transgender Persons (Protection of Rights) Act,
2019 under Rule Transgender Persons (Protection of Rights) Rules, 2020.
5. I am aware that in case of false declaration to obtain certificate of identity I shall be liable to be
punished under the relevant penal code of the appropriate Government mentioned under the
Transgender Persons (Protection of Rights) Act, 2019.
* Strike out whichever is not applicable.
Deponent
(Signature of the Applicant)
Verification
I, (Name), hereby state that whatever is stated here in above serial Nos. 1 to 4 are true to the best of
my knowledge and that I fully understand the meaning and impact of the statement at No 5.
Deponent
(Signature of the Applicant)
Tehsil Date Identified by me
Advocate
Before Me
Notary Public
Signature of witness
33
Photograph of
the certificate
holder District
Magistrate to
attest the
photograph
Form – 3
Form of certificate of identity to be issued by District Magistrate under Rule 5 Transgender Persons
(Protection of Rights) Rules, 2020 read with section 6 of the Transgender Persons (Protection of
Rights) Act, 2019
1. On the basis of the application dated dd/mm/yyyy to the undersigned it is certified that Shri / Smt /
Km/ Mx (name) son / daughter / ward of Shri/ Smt (name of the parent or Guardian) of
(complete residential address of the applicant) is a transgender person.
2. His / her birth name is .
3. This certificate is issued in terms of the provisions contained under Rule 5 Transgender Persons
(Protection of Rights) Rules, 2020 read with section 6 of the Transgender Persons (Protection of
Rights) Act, 2019.
4. It is also certified that Shri / Smt / Km/ Mx is ordinarily a resident at the address given
above.
5. This certificate entitles the holder to change name and gender in all official documents of the
holder.
Date Signature of the District Magistrate:
Place Seal
Thump impression of the applicant
34
Photograph of
the certificate
holder District
Magistrate to
attest the
photograph
Form – 4
Form of certificate of identity for change of gender to be issued by District Magistrate under Rule 6
of the Transgender Persons (Protection of Rights) Rules, 2020 read with section 7 of the Transgender
Persons (Protection of Rights) Act, 2019
1. On the basis of the application submitted to the undersigned along with a medical certificate from
the Medical Superintendent or Chief Medical Officer (name of the Hospital and complete address), it
is to certified that Shri / Smt / Km/ Mx (name) son / daughter / ward of Shri/ Smt (name of
the parent or Guardian) of (complete residential address of the applicant) has undergone surgery to
change gender.
2. His/ Her birth name is .
3. This certificate is issued in terms of the provisions contained under Rule 6 of the Transgender
Persons (Protection of Rights) Rules, 2020 read with section 7 of the Transgender Persons (Protection
of Rights) Act, 2019.
4. It is also certified that Shri / Smt / Km/ Mx is ordinarily a resident at the address given above.
5. This certificate entitles the holder to change name and gender in all official documents of the
holder.
6. Such change in name and gender and the issue of this certificate shall not adversely affect the
rights and entitlements of the holder of this certificate.
Date Signature of the District Magistrate:
Place Seal
35
References
• Hon'ble Supreme Court order of 2014
• The Transgender Persons (Protection of Rights) Act, 2019, Govt. of India
• Bhattacharjee, S., 2014. Transgender and Sexual Health: A Study on Launda Dancers
in West Bengal.
• Chakrapani, V., 2012. Insights for Developing Practical Modes of Social Protection
Programmes for Transgender People in India: The Case of Tamil Nadu Transgender
Welfare Board, s.l.: UNDP-India
• Delliswararao, K. & Hangsing, C., 2018. Socio-Cultural Exclusion and Inclusion of
Trans-genders in India. International Journalof Social Sciences and Management,
5(1), pp. 10-17.
• Parashar, S., 2017. Inclusion of transgender community within socially and
educationally backward classes : Examining the deeper concerns. ILI Law Review ,
Vol. II(2017).
• Satpathy, M., 2016. Lives and Stories of Transgender Population in India (Expert
Resource Document on Sensitizing High Level Government Stakeholder on TG
Human Rights Issues). s.l.:UNDP.
• Sharma, A., 2018. Identity Crisis for Transgender in India: A case study from Madhya
Pradesh. The Journal of UGC - HRDC Nainital, 12(2), pp. 157-167.
• American Psychological Association. (2015). Guidelines for Psychological Practice
with Transgender and Gender Nonconforming People. American Psychologist, 70 (9),
832- 864. doi: 10.1037/a0039906
• Psychosocial and educational problems of LGBTQ community in India, Editor; Satish
Chandra; published by IP innovative publictin Pvt Ltd, New Delhi;2019.
• Majumdar Ajay and Tarafder Rbin, A Scientific aspect of Transgenders
• ILI Law Review, Issue 2017. Sakshi Parasher. Inclusion of Transgender community
within socially and educationally backward classes: Examining the deeper concerns
• State Transgender Policy, Government of Kerla
• State Transgender Policy, Government of Odissa
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