Separate public washrooms, free sex reassignment surgeries: NHRC's Transgender welfare advisory to Centre, states

Loans at lower interest rates, separate washrooms in public places, providing a single trans child of a deceased government employee with a family pension as in the case of an unmarried daughter and free sex reassignment surgery are among a slew of measures suggested by the National Human Rights Commission (NHRC) to the Union and state governments.

Issuing the 'Advisory for Ensuring the Welfare of Transgender Persons', the NHRC has made 32 recommendations as regards education, healthcare, employment, promoting inclusivity, welfare and grievance redressal of transgender persons across the country.

The advisory came as the NHRC felt that transgender persons "continue to grapple with discrimination in multiple facets of life" which manifests in various forms such as employment disparities, limited access to healthcare, and exclusion from social circles.

It has written to Secretaries in the Department of Social Justice and Empowerment and the Ministry of Corporate Affairs, Chief Secretaries of states and administrators of Union Territories asking for the implementation of its recommendations in letter and spirit, and sought an Action Taken Report within two months.

According to the advisory, governments should set up medical boards at the district level to assist transgenders and in these facilities, necessary provisions should be made for consultation, treatment and counselling for sex reassignment surgery.

Free sex reassignment surgery should be provided in government hospitals or a suitable amount should be given to those who opt for such a surgery, it recommends.

"Single trans child of a deceased government employee or pensioner, may be treated as an unmarried daughter for the family pension and other benefits. Transgender persons should be allowed to inherit ancestral agricultural land," the advisory said. Multi-purpose identity cards may be provided to the Transgenders to help them access government schemes and other benefits, it said.

Loans on an interest subvention basis could be extended to the transgender community to help them set up their own businesses. District administrations can also help transgender persons to form Self Help Groups through which they can get bank loans to start livelihood activities, it adds.

The advisory also bats for the inclusion of ‘Third Gender’ as an identity category of the transgender community, especially when seeking jobs in various civil services and to enable them to apply and appear in entrance examinations.

The advisory recommends authorities to consider formulating policies to address the issues of violence, discrimination and harassment of transgenders at educational institutions. As an interim measure, state administrations should ask educational institutions to take measures to protect gender non-conforming students from bullying, harassment or other forms of violence, it states.

Committees in all educational institutions should be set up to address prejudices, discrimination, sexual abuse and other violence against transgender persons. Authorities should also ensure that transgender students are not discriminated against in higher studies and provisions for scholarship and free education should be made, it states.

Another suggestion to the authorities in states was to establish a Transgender Protection Cell under the Director General of Police or his/ her nominee in the state to monitor cases of offences against transgender persons.