The Reality of Transgender Welfare Boards in India

The Reality of Transgender Welfare Boards in India : A Need for Transformative Reforms

The Reality of Transgender Welfare Boards in India : : Nominal Representations and the Call for Change

In a recent speech concluding the Budget Session, Prime Minister Narendra Modi highlighted the government’s efforts to support those on the margins. However, for transgender persons in India, state initiatives appear inadequate. While 17 states and Union Territories (UTs) have established transgender welfare boards, most of these bodies are either inactive or lack substantial authority to drive meaningful change. A Right to Information (RTI) investigation, backed by accounts from welfare board members, activists, and judicial observations, highlights the disconnect between legal mandates and the harsh realities faced by transgender individuals.

Welfare Boards: Ineffective or Non-Existent

Despite the legal requirement to establish welfare boards, 19 states and UTs have yet to form these bodies. Even in states where boards exist, meetings are infrequent, with many not convening even once in several years. For example, the Gujarat board, created in 2019, did not hold its first meeting until October 2023. Similarly, boards in Mizoram and Manipur have remained largely non-functional, raising questions about their purpose and effectiveness.

Moreover, where boards do exist, they often fail to represent the diversity of transgender communities. Trans women who have undergone gender affirmation surgeries dominate these spaces, leaving out trans men, non-binary persons, and intersex individuals.

The Flawed Transgender Identity Card System

According to the 2011 census, only 5.6% of transgender persons have applied for the transgender identity card, underscoring the inaccessibility and limited utility of such a document. The identity card system is marred by bureaucratic hurdles and the exclusion of many gender-nonconforming individuals, making it a superficial solution to deep-rooted issues.

Lack of Policy Framework and Quasi-Judicial Powers

Most states lack a comprehensive policy for transgender welfare, with only a few, like Assam and Kerala, having developed state-level policies. Assam stands out as the only state to grant quasi-judicial powers to its welfare board, allowing it to enforce its recommendations.

The absence of such powers leaves welfare boards unable to respond effectively to community grievances. For instance, when transgender members in Telangana sought police action against assaults, their petitions were ignored, highlighting the boards’ limited influence.

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Challenges of Representation and Governance

The composition of these welfare boards often includes bureaucrats and cisgender individuals, marginalizing transgender voices. Activists like Grace Banu criticize the design of the boards, where transgender members hold nominal roles without substantial decision-making power. The lack of inclusive representation perpetuates unequal power dynamics, sidelining intersex persons and trans men in discussions.

Additionally, the failure to allocate sufficient funds hampers the boards’ ability to intervene in emergencies or conduct regular meetings. This issue is compounded by the lack of travel allowances and salaries, which limits the participation of working-class transgender members.

Courts as Last Resorts for Trans Rights

Despite legal recognition of transgender rights through the NALSA v. Union of India case in 2014, little progress has been made on the ground. Transgender individuals still face discrimination and have to seek judicial intervention to access basic rights. Numerous cases demonstrate the state’s apathy, with individuals repeatedly returning to courts to claim rights promised by legislation but not enforced.

Budgetary Allocations and Systemic Exclusion

The Union government’s budgetary allocations for transgender welfare reveal a stark contrast between promises and execution. In the fiscal year 2022-23, only 0.4% of the allocated ₹30 crore was spent, reflecting the lack of commitment to improving the lives of transgender persons.

Path Forward: Reform or Reimagine?

Activists call for reforms focused on redistributing power, inclusive representation, and decentralization. Grace Banu and others advocate for transforming welfare boards into statutory commissions with legal authority, enabling them to enforce policies and address violations of transgender rights.

Arun Karthik, a member of the Tamil Nadu Transgender Welfare Board, points to structural inequalities in representation. Trans men, he argues, face systemic discrimination, with government orders predominantly benefiting trans women.

Decentralization and Local Involvement

Decentralization is crucial for effective policy implementation. Activists like Tashi Choedup and Disha Pinki Sheikh emphasize the need for local transgender individuals to be involved at the district level, ensuring tailored interventions that address regional disparities.

In conclusion, while India’s legal framework for transgender welfare exists, it largely remains on paper. Activists urge the government to shift from nominal representations to meaningful reforms that genuinely empower transgender communities. This requires systemic changes in representation, governance, and the provision of resources, along with robust monitoring mechanisms to hold authorities accountable.

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