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Expert Committee on Issues Related to Transgender Persons

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Expert Committee on Issues Related to Transgender Persons Report of the Expert Committee on the Issues relating to Transgender Persons Process followed by the Committee in Submission of the Report A consultation meeting on the issues relating to Transgender community was held in Shastri Bhawan on 23rd August, 2013 with a view to finding out the status and problems of Transgender community and to obtain the views of Transgender community, experts, researchers, concerned Central and State Governments and to find ways and means to mainstream the Transgender community. This meeting was attended by representatives from Central Ministries of Law & Justice, External Affairs and the Department of Aids Control, few State Governments, University Professors, NGO functionaries and Transgender community. Minutes of this meeting are at Annexure-1. In the meeting it was, inter alia, recommended to constitute a Committee to study the problems of the community. Concerned with the problems being faced by the Transgender community, the Department of Social Justice and Empowerment constituted this Expert Committee to make an in-depth study of the problems being faced by the Transgender Community and suggest suitable measures that can be taken by the Government to ameliorate their problems. 2. Ministry of Social Justice & Empowerment (MSJE) vide Order No.17-08/2013-DP-II dated 22nd October, 2013 (Annexure-2) constituted an Expert Committee on issues relating to transgender persons to make an in-depth study of the problems being faced by the transgender community and suggest suitable measures that can be taken by the Government to ameliorate those problems. The Expert Committee was required to submit its report with recommendations within three months of its constitution. 3. MSJE requested all State Governments and UT administrations to give their comments and suggestions on the issue by 22nd November, 2013. The comments and suggestions received from States/UTs have been consolidated and placed at Annexure-3. MSJE had also issued an advertisement in newspapers and also hosted it on the official website of the Ministry, inviting comments and suggestions from individuals, organizations and institutions by 22nd November, 2013. The comments and suggestions received from them have been consolidated and placed at Annexure-4. 4. The Expert Committee held four meetings on 6th November, 2013, 29th November, 2013, 3rd January, 2014 & 21st January, 2014. The minutes of the meetings held on 6th November, 2013, 29th November, 2013, 3rd January, 2014 and 21st January, 2014 are at Annexures 5, 6, 7 and 8 respectively. 5. The Chairperson of the Committee also made a visit to Chennai on 26th-27th November, 2013 and interacted with State Government officials and representatives of transgender community to get a first-hand account of the functioning of the Aravanis Welfare Board set up by the State Government. The minutes of the said meeting are at Annexure-9. Page 1 of 55 6. The report of the Expert Committee was finalized and approved by the Committee in its Fourth Meeting held on 21st January, 2014, and is appended. (Ghazala Meenai) (Laya Medhini) (Dr. Sanjai Bhatt) (Dr. Rajesh Kumar) (Dr. Ketki Ranade) (Dr. Archana Dassi) (Dr. C.R. Samadder) (Laxmi Narayan Tripathi) (Seeta Kinnar Bharti) (Saira Banu Sheikh) (Dr. Anil Sain) (Naba Kumar Pal) (Shanti Kumari) (Dr. Venkatesan Chakrapani) (Anoop Kumar Srivastava) Page 2 of 55 Annexure-1 Minutes of Consultation meeting on the issues relating to Transgender held on 23rd August 2013 at conference Hall, Central Secretariat Library, G Block, Shastri Bhawan, New Delhi. Ministry of Social Justice and Empowerment (MSJE), Government of India organized a consultation meeting on the issues relating to Transgender (TG) on 23rd August 2013 in the Conference Hall, Central Secretariat Library, G Block, Shastri Bhawan, New Delhi, with the objective of finding out the status and problems of transgender community and to obtain the views of TG Community, experts, researchers, concerned Central and State Governments for mainstreaming the transgender community. Meeting was attended by representatives from Central Ministries of Law and Justice, Health and Family Welfare, External Affairs etc, concerned State Departments, University Professors, NGO functionaries, Transgender community leaders etc. The list of participants is at Annexure-I. Shri Anoop Kumar Srivastava, Additional Secretary, MSJE welcomed all the participants and gave his key note address. He mentioned that the Ministry was organizing this consultative meeting on transgender for the first time. He further added that the Ministry had been receiving the information pertaining to these groups but wanted to get better educated on the issues by listening to the representatives of TG community and subject experts. He emphasized that the Ministry was committed to improve the condition of Transgender and this meeting was an important step in this direction. He requested the participants to share their views and inputs on what can be done for the welfare of the community. Shri T.R. Meena, Joint Secretary (SD) informed that MSJE had been designated as the Nodal Ministry for TG with effect from July 2012 and had taken other ministries/departments on board. He pointed out that MSJ&E will coordinate with other Ministries and Departments to mainstream them. He mentioned that in olden days, TGs used to be considered a divine creation. Today they are, however, highly marginalized population. They live their life in difficult conditions and face stigma in their day to day life. The Ministry was committed to change the mindset of general public favorable to TG community. Further, he informed that Govt. of Sikkim, Rajasthan and Tamil Nadu provide pension to TG community people. Rural Ministry employs them under Rajiv Awas Yojana. He further emphasized that there are many issues and problems faced by them but some issues need immediate intervention like enumeration, health, employment, identity etc and MSJE had taken up the matter with the concerned Ministries and Departments for appropriate intervention. Page 3 of 55 Shri Balkrishna Shukla, M.P, Rajya Sabha, New Delhi expressed that MSJE had responded well by initiating the developmental measures for the welfare of the Transgender Community. He further stated that he had taken up the matter of the community including the issue of ‘other’ column in the electoral roll with Prime Minister. He stated that political will was essential for development of programs and policies for the community. He assured the participants, specially the community representatives that he is committed to the cause of the community and will continue to raise the issues of Transgender in political forums. Shri G.P. Upadhayaya, Principal Secretary, Govt. of Sikkim pointed out that the State had formulated an appropriate definition of Transgender and a special Committee on Transgender had been constituted in Sikkim state. He stated that a Medical Certificate was enough to have access to programmes of the State Government. Further, the State had started a pension scheme and other welfare measures for the community. The State has also constituted a medical board to verify the status of Transgender to make them eligible for the schemes. Ms. Laxmi Narayan Tripathi, Mumbai pointed out that Thailand is a model country wherein all the required facilities are being made available to the Transgender Community. Further, she suggested for the establishment of a Commission on Transgender and protection of Transgender culture. She strongly recommended that the nodal Ministry should coordinate with all the State Governments and departments to integrate them into the Society. Ms. Sairabanu said that most of the Transgender are poor and illiterate and Govt. of India is the only source for the rehabilitation and upliftment of Kinnar community. Government should take housing and health measures for the welfare of Transgender Community. Tamil Nadu Govt. has a provision of Rs. 2000/- per month for every Transgender. Ms. Rani Patel, representing Aarohan, said that Arohan is running programmes for under privileged children and has conducted many Studies on Transgender Community. She suggested that parents of the Transgender need to be counseled appropriately in order to treat Kinnar children at par with other normal children. She also added that vocational training may be imparted among the Kinnar Community in order to enable them to lead a life worth living. She further suggested that the Educational facilities should be extended to the Kinnar Community. Page 4 of 55 Ms. Kamla Mausi, representing TG from Mumbai, stated that ‘Hijra’ community is facing discrimination and stigma in every sphere of life. She stated that discrimination starts from the family and continues for the entire life. Taking corrective actions and sensitizing the society and family would be a great contribution to the community’s cause. She suggested setting up a ‘Hijra’ Welfare Commission on the lines of the Commission for SCs & OBCs. Ms. Shabnam Mausi, a senior community leader from MP, highlighted the plight of ‘Hijra’/TG community. She stated that most families do not accept if their male child starts behaving in ways that are considered feminine or inappropriate. After rejection by their family, they lose their identity and face many challenges and live their entire life in fear of discrimination and stigma, but a Guru or Nayak gives them protection and shelter. She suggested that the Gurus of Transgender be recognized as guardian and be given more power. Ms. Sita from Kinnar Bharti, Delhi raised the problems of violence and harassment and torture of Transgender by police. She stated that stakeholders and community should be careful as some people with criminal behavior change their dress and pose themselves as ‘Hijra’, thus maligning the image of their community. Ms. Mridu, Technical Officer, Department of AIDS Control, NACO informed about the initiatives taken by NACO. She stated that sentinel surveillance reports of NACO revealed high level of HIV prevalence in the community. As a result, NACO has designed exclusive intervention for the ‘Hijra’/TG community.
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