Abstract
Marginalization is the process which inhibits an individual or community from enjoying the rights, privileges, resources or opportunities enjoyed by other members of the society. Of all its marginalized sections, society most often tends to ignore the conditions of transgender persons. The 2011 census reported 480,000 of India’s population as transgender. Kerala pioneered a model for a trans-friendly state 1 with the launch of a 10-day-long state-wide survey, which was followed by the introduction of a state policy for transgender individuals, the establishment of a justice board and India’s first transgender school, scholarships for transgender individuals and the introduction of health clinics, old-age pensions and employment for them in the Kochi Metro, as well as various literary, sports and fashion events. This study is an attempt to critically explore the welfare schemes for transgender persons in Kerala amidst recent developments.
Introduction
‘Gender is an identity gained through repeated bodily acts.’
Therefore, gender is performative, not a fixed identity.
‒ Judith Butler, gender theorist
The word ‘transgender’ was coined by John F. Oliven in 1965. An umbrella term, it describes people whose gender identity or expression does not match the sex they were assigned at birth. Sex alludes to natural contrasts, chromosomes, hormonal profiles and interior and outer sex organs. Gender portrays the attributes that a general public or culture outlines as manly or feminine.
The Criminal Tribes Act of 1871, which was amended in 1897 as ‘An Act for the Registration of Criminal Tribes and Eunuchs’, explicitly stated the relationship between sexuality, non-conformity and criminality. As per this act, local governments were directed to maintain a register of the names and residences of all ‘eunuchs’ who were reasonably suspected of kidnapping or castrating children or of committing offences under Section 377 of the Indian Penal Code. The Criminal Tribes Act of 1871 prosecuted those tribes that were innately criminal and addicted to the systematic commission of non-bailable offences. According to this act, the members of the third gender were categorized as ‘offenders’ and as having an addiction to committing crimes. They were arrested for dressing in women’s garments or playing music in public areas or moving in certain ways.
The Supreme Court verdict of April 2014, delivered by the division bench of Justice K. S. Radhakrishnan and Justice A. K. Sikri (in NALSA v. Union of India), was a milestone in the recognition of the rights of the transgender community and in advocating both non-discrimination of any Indian citizen along the lines of gender identity as well as reservations in the employment and education sectors for this community. The verdict was succeeded by the Transgender Persons (Protection of Rights) Bill in 2016, 2018 and 2019.
According to the 2011 census, out of the total population identified as third gender, 66% lived in India’s rural areas. This census additionally uncovered the low education level of the group, with only 46% classified as literate, compared to 74% literacy in the general population (Times of India, 30 May 2014). However, as technology and innovative means of communication proliferated in India over the last few decades, transgender individuals have succeeded in getting elected to positions in politics. In 2000, Kamla Jaan, a transgender individual, was chosen mayor of Katni in Madhya Pradesh.
Even as most Indians in the 21st century cling to the dichotomous nature of sex, Kerala has pioneered a state model for the welfare of its transgender community. The main difference between this community and transgender individuals in some of India’s other states is the absence of a cultural identity in Kerala.
Movements in which transgender individuals participated in the West (such as in the United States) were primarily concerned with the legal rights of the community along with health issues. In India, however, the main point of emphasis in LGBT activism and movements, while trying to address health as well as legal and human rights issues, is the question of identity. Transgender associations have been formed to sort out the human rights challenges, with Aravani activism in Tamil Nadu, the Lingathwara Alpasankhyathara Yojana (a gender minorities programme that provides training, loans and subsidies through non-governmental organizations) in Karnataka, and the extensive rights-based approach to transgender policy in Kerala being some of the examples that see active participation from the community.
Until 2012, because of the high levels of discrimination they faced in Kerala, many transgender individuals fled to Bengaluru, where several joined the hijra community (comprising feminine individuals, transgenders and castrated people), earning their keep by sex work or begging. As conditions turned favourable for this community in Kerala, many returned to their home state. Transgender individuals are largely invisible in Kerala compared to other states; they are not noticeable on public transport and nor do they beg at traffic signals, both of which are common sites for them in other states. According to a leading activist and celebrity from the community, ‘Kerala’s transgender individuals try to hide their identity more compared to the transgender communities in other states due to reasons such as fear of exclusion from family, discontinuation of their studies or being fired from their workplace.’
The developments in Kerala began in 2014 with a 10-day state survey, which covered 14 districts. This resulted in the introduction of a state policy for transgender individuals, the establishment of a justice board and India’s first school for transgender individuals as well as the introduction of scholarships, health clinics, old-age pensions, various literary programmes and a special fashion show for them. Most importantly, the Kochi Metro began employing transgender individuals.
Kerala’s Transgender Justice Board is the ideal platform for transgender individuals to raise the issues they face in their day-to-day life. Together with transgender associations, it has instilled confidence in transgender persons as a body that is present to address their concerns. According to one, ‘I was so happy when there was the establishment of a justice board for us. It is like a mother body, and I have the feeling there is somebody to support me when my friends, close relatives and family have completely excluded me.’ The board’s main objectives include ensuring that the rights of transgender individuals are enforced and that they are brought into the mainstream of society.
As per the State policy for transgenders in Kerala, the state’s Transgender Justice Board comprises the Hon’ble Minister of Social Justice as the chairperson along with members of the Departments of Social Justice, Finance, Home Affairs, Law, Health, General Education and Local Self-government as well as directors of Public Instruction and Social Justice (Social Justice Department). It also includes nominated members who have significantly contributed to the general community, such as a representative from a non-governmental organization and five others. Issuing identity cards, which help transgenders in availing of the benefits of government-run welfare schemes and providing legal aid as well as a 24 × 7 helpline are a few of the notable steps taken by the board. The district transgender boards under the state government have the District Collector as the chairperson, the other members being the city Police Commissioner, the rural Superintendent of Police, the District Medical Officer, the District Labour Officer, the Deputy Director of Education and the District Child Protection Officer. It also includes nominated members, such as a representative from a community-based organization who has been involved with community work, as well as four other representatives from the community. It monitors the implementation of the transgender policy and also issues guidelines, ensuring the sufficient allocation of funds for carrying out the transgender policy, as well as facilitating awareness programmes.
This article examines the important schemes put forward by the government of Kerala for the uplift of transgender individuals in Kerala society, and also aims to show the impact the schemes have had on their lives. The schemes were proposed by various departments under the government of Kerala, in particular the Department of Social Justice (Directirate of Social Justice, n.d.), in conjunction with representatives from the transgender community, and involve the following:
Kochi Metro Rail Limited project Education programme under Kerala Literacy Mission Health clinics Old-age pension
Review of the Literature
The literature can be broadly classified into four sections, based on the subject of the studies. They discuss the social condition of transgender individuals, the economic condition of transgender individuals, the political condition of transgender individuals, and other aspects of transgender individuals.
Social Condition
Briones (2011) and Karunanithi (2015) highlight social exclusion as the major challenge faced by the transgender community, with various points of focus. Karunanithi criticizes Indian society for its obsession with gender dichotomy and its lack of awareness of the existence of transgender individuals in its midst. He points out that the transgender community’s vulnerability is due primarily to the lack of public support, which leads to various socio-economic problems for transgender individuals. Briones, on the other hand, considers that exclusion from the family results in transgender individuals wanting to be with anyone who gives them importance. Walker et al. (2016) believes that society’s insistence to gender binary is the chief obstacle of transgender individuals.
Joseph (2013), Miller and Grollman (2015) and Agrawal (2016) detail various aspects of transgender exclusion. Social space 2 remains largely absent for such individuals as violence directed against them includes not only physical assault but also auxiliary brutality in different forms, such as prohibition from government institutions, the absence of support in public exercises and the foreswearing of their rights. The pain experienced by transgender individuals is made all the more severe when they are restricted from connecting with the general population and building their own personality based in mainstream society, when they are denied a place in the standard workforce, and when they face difficulties even when trying to obtain a ration card or other such formal proof of identity. Largely due to the unattractive practices resorted to by several members of the transgender community―practices that are considered highly unseemly and provocative by the mainstream public―they do not receive social recognition.
Joseph (2013) and Aneesh (2017) consider the lack of recognition from their families as the main problem faced by transgender individuals. This rejection is due mainly to extensive societal narrow-mindedness towards gender identity. Most families at first will not acknowledge that their male child has ways that are viewed as feminine or ‘unseemly’ with regard to normal sexual orientation. Subsequently, they may reprimand or stop their kin from acting or dressing as young women. Guardians may abandon their kin for crossing the generally endorsed sexual-orientation standards and for not satisfying society’s norms, and may justify their own actions with reasons that include their transgender wards bringing disfavour and disgrace to the family. Occasionally, a youngster may choose to flee the family to avoid segregation or bringing disgrace to their family. According to the SEKN model of social rejection, they are discriminated against and avoided socially (for example, by segregation, mortification and hardships at home; by rejection from home, school and workplaces; and by denial of customary funeral rites), politically (for example, they are obliged to apply to benefit offices for their day-to-day wellbeing and also for social and legal issues, and are denied even the common privileges of a citizen when it comes to voting in the elections as they have to first enrol as transgender individuals) and monetarily (enduring hardships because of a poor standard of living).
Chakrapani et al. (2004), Chakrapani (2010), Beattie et al. (2012) and Aneesh (2017) have argued that in the critical sector of health, the transgender community’s marginalization is on the rise. Medical service providers seldom comprehend sexual variations and lack sufficient information on the medical problems of the sexual minorities. There is also a noticeable space for violence from agents in the human-services sector in cases of hormonal treatment, which requires therapeutic supervision.
Pre-surgical exhortations urge transgender individuals against experiencing sex-change activities, rather than helping to investigate the different choices accessible to them. Doctors are reportedly awkward when examining their transgender clients’ sexual histories, and so the treatment may not be as effective. Hospital staff avoid transgender patients on the assumption that they are sex workers. Because of this, transgender individuals confront exceptional obstacles when approaching both public and private health administrations. Obstructions in testing for HIV and in receiving antiretroviral treatment and sexual health services have also been recorded. Transgender individuals sense societal rejection multiple times, as when others insist on using the male pronoun when referring to them, when they are registered as male and assigned to the men-only wards in healthcare facilities, and when they are obliged to stand in the queue designated for men despite their embarrassment. They are victims of verbal badgering from both staff and patients at health facilities, and few human-services suppliers are sensitive to their needs or prepared to administer treatment and care―in fact, transgender individuals are at times even refused restorative care. They face segregation due to their status as either one or all of the following: transgender individuals, sex workers, and HIV patients. Such negative experiences lead them to self-treat their ailments. Chakrapani (2010) has demanded that healthcare providers be sensitized and trained to interact with transgender patients.
Various affiliations, such as Sangama, have publicized the increasing number of negative encounters the transgender community has had with the Bengaluru police. At police headquarters, they have been subject to physical violence, resulting in injuries to their faces, arms and feet.
The various policy implications put forward by Chakrapani (2010) and Briones (2011) to improve the social environment include an emphasis on organizations for transgender people, the need for society to stress on a person’s sexuality rather than the sex, and the implementation through the media of awareness programmes that would meet the basic needs of transgender individuals.
Economic Condition
The transgenders’ economic condition is discussed with reference to issues such as education and employment.
Karunanithi (2015) and Wilson and Kabeer (2017) found that transgender individuals in India face problems related to shelter, employment, property rights and access to medical facilities. Economic independence would be the way for them to overcome such deprivations. Karunanithi’s article discusses developments that have led to an improvement in the lives of transgender individuals in the state of Tamil Nadu, and advocates microcredit as well as self-help groups and institutions as strategically important to achieving economic independence for trans-gender individuals.
A report by the Peoples’ Union for Civil Liberties (Karnataka) on Bengaluru (2003), in addition to Joseph (2013), Venkatrama Raju and Beena (2015) and Aneesh (2017), examines the problems faced by transgenders in the educational sector. The Kerala State Literacy Mission Authority finds that the number of dropouts among transgenders increases when they move up to classes VII and X because of various forms of harassment faced at school, such as name-calling by their classmates, restrictions on the use of the restrooms and even sexual violence. According to one transgender, ‘There were days when I used the restroom only after I reached home in the evening, unable to urinate for almost seven hours. Even the teachers would not support me.’ Then, because of their low educational achievements and their manner, which is considered unsatisfactory for the workplace, it is guaranteed that transgenders will be unable to obtain suitable employment in the regular workforce. Barred from familial and social life, transgender individuals are similarly prohibited from the educational sector. In every official educational organization or administrative set-up, wherever there is need to document citizenship or birth, or seek travel permits or proof to obtain voter identification cards, sex (or sexual orientation) appears as an unbending bivariate classification. Apart from social exclusion, it is the low level of education among the group that assures transgenders’ social, financial and political frailty. The reality of the matter is that we seldom see them in acceptable mainstream jobs. In Kerala, Jaanmoni Das, Avinash Chetia and Renju Renjimar (celebrity make-up artists), Zara Sheikh (employed by a multinational corporation) and Anjali Ameer (a Malayalam film actress) are the exceptions.
Nanda (1990), Talwar (1999), Lee (2000), Briones (2011) and Joseph (2013) point out that employment is the most important sphere of discrimination, with transgender individuals usually engaged only in the informal sector 3 and paid less than the minimum wage. As employers do not trust transgender employees, there is a lack of consistency in employment, which is a major challenge. Transgender individuals are looked upon as cheap labour because of their low educational qualifications, and with the resulting restrictions on economic assets their lives offer only constrained possibilities. Most established institutions have no appropriate policy to fight discrimination, and so transgender individuals have to run a vast spectrum of hurdles to achieve a preferred occupation, but their extreme social isolation forces them to do sex work. Although some may successfully gain acceptable positions in the work force, they are eventually dismissed. Even now, many transgender individuals are mishandled verbally, physically and sexually at work, and do not receive any justice for such abuse. Most managers would refuse to employ even qualified transgender applicants. Although there are sporadic cases in a few states of transgender individuals overcoming adversity by running sustenance shops or social projects, they are exemptions to the rule. The absence of alternatives is a key reason that transgender individuals end up doing sex work. Such individuals are distributed across India, especially in the highly urban areas, and most of them live on the edge of society and have low status.
In Gagné and Tewksbury’s analysis (1998), several male-to-female (MTF) people were dismissed from work if they revealed their real gender identity, and were also provoked by colleagues. If they decided to undergo a transition, they were forced to present as female. MTF individuals who lived full-time as women were underemployed.
Exclusion from Social and Cultural Participation
Studies have tried to examine the kinship and family-related rights of transgender individuals. Chakrapani (2010) and Joseph (2013) advocate particular care in matters such as the authentification of marriages and arrangement of adoptions, the making of wills and the re-registration of their sex on birth as well as other records in all cases of transgender individuals. At risk is their security, with the ever-present probability of exclusion from political participation, cultural participation and economic participation. Clements-Nolle et al. (2006) and Nemoto et al. (2011) discuss suicidal tendencies and depression among transgender individuals, who should have the privilege to choose and openly express their personality. It is imperative that the Indian constitution incorporate the same assurances and rights for this community as it does for its citizens at large. The changes required should be reflected in policies and laws, in the attitudes of the government as well as of the general public and healthcare providers, and in healthcare systems and practice.
Other Aspects
Public transport and welfare schemes are also difficult areas for the transgender community. Land and Prabhughate (2012) note that public transport is a space for society to discriminate against them only because they do not fit into acknowledged sex divisions. As most of them belong to the lower middle class, they are vulnerable when confronted by the police. Class and gender identity thus combine to make this group the most deprived within Indian culture.
Chakrapani (2010), the Social Welfare and Nutritious Meal Programme Department Policy Note (2014‒2015), the State Policy for Transgenders in Kerala (2015) as well as Wilson and Kabeer (2017) have analysed welfare actions undertaken in various states to protect transgender individuals and the problems that arise in the process. The actions include the Odisha government’s dedicated policy of proceeding against parents who desert a gender-non-conforming child while lending its governmental support to parents who are responsive to such a child’s needs, the Kerala government’s transgender policy of 2015 and the setting up of a cultural institute for transgender persons in Maharashtra.
Clements-Nolle et al. (2006) and Nemoto et al. (2011) find that 64% of the transgender community have attempted suicide. Thirty-eight per cent of the community reports sexual exploitation before the age of 20. The reasons for this history of and inclination towards suicide include society’s negative attitude towards transgender individuals and their low education levels, which lead to meagre incomes, and so to ideating on suicide. Appropriate interventions to reduce the number of suicides include proper guidance and counselling, support from healthcare providers, a reduction in the binary classification of gender and efforts to bring transgenders into mainstream society.
There is a dearth of research on welfare schemes initiated for this minority group; nor has there been much critical analysis of the welfare schemes initiated for transgender individuals in Kerala.
Study of Welfare Schemes in Kerala
The objective of this article is to examine the schemes initiated in Kerala for the welfare of the transgender community. The nature of the study is qualitative and exploratory, and based on mainly primary data sourced with the help of a structured questionnaire, personal interviews and focus group discussions. The respondents were identified from transgender associations and they led us to more samples. They were all interviewed, using the structured questionnaire. Secondary data were collected from, among others, non-government organizations, survey reports, government publications and the Transrespect vs Transphobia Worldwide project. The sampling design was purposive. Primary data were collected from 40 transgender individuals, the sample size being limited by the smaller visibility of transgenders in Kerala as compared to some other states of India. The area of study covered the two Kerala districts of Kottayam and Ernakulum. Excerpts from interviews conducted with transgender individuals are presented in this study.
Kochi Metro Rail Limited Project
Of the 23 transgender individuals who started work at Kochi Metro Rail Limited (KMRL), only 11 were still employed there during the period of the study. This was due to several factors (Express, 2017). According to one respondent,
‘This was purely a publicity game.’
Even international news dailies, such as The Guardian, published and appreciated the initiative undertaken by the Kerala government. However, our study revealed the hidden truths. For instance, the transgender individuals supposedly employed by KMRL were actually outsourced: they were under Kudumbasree, an initiative that deals with the empowerment of women, and were not directly employed by the government. The jobs were contractual, and they were recruited and trained for them by Kudumbasree. KMRL received much favourable publicity, but it was only after they had begun work that the transgenders realized that they were not KMRL employees. Rather, they were contract workers hired by Kudumbasree, to whom the project was sublet. They were to be paid low salaries with no benefits and could be fired at any time. According to one,
‘We were made to believe that it is a government job, but now we have understood.’
As reported by Sreedevi Jayarajan (
Besides, the initiative did not meet its intended target. It was announced as a platform that would ensure a decent standard of living for this gender minority community, but the monthly income range of a transgender person hired by KMRL is between Rs 8,000 and Rs 12,000. This sum is not sufficient to live in a metropolitan city like Kochi, where the cost of living per month for a single person without rent has been estimated to be Rs 17,989.49 (Cost of Living Index, February 2018 prices). How then can these transgender individuals be expected to better their prospects? This is a pivotal question that policymakers need to address. According to one of the respondents,
‘Can anybody tell us how to we should live with just Rs 354 per day in Kochi? It is insufficient to meet even our daily food and transport costs.’
However, for their non-trans co-workers at KMRL the dropout rate is minimal. This is because the women among them live with their own families and so do not spend on the high rents charged from transgender tenants; additionally, they spend less on food, as they carry packed meals from home.
Initially, housing was a problem for the transgender workers at KMRL, but with timely intervention from the Social Justice Department a shelter home was arranged for them. However, many of them are dissatisfied with the current shelter due to the prejudices of authorities. One respondent reported:
‘Our work sometimes gets over by 10‒10:30 at night and by the time we knock at the doors they behave in a manner that implies we were out for sex work.’
Others added:
‘I had to wait outside the shelter home for more than one hour due to their misconceptions.’ ‘I am unable to get a house for rent showing that I am working in Kochi Metro.’ ‘I have to be involved in some other work apart from the Metro because rents are too high in Kochi.’
The prejudices clearly cause mental torture. Many of the transgender residents of the shelter want to shift, but are unable to do so because of the problems involved with taking rooms on rent. Another negative aspect of their work at KMRL is the fixed hours of work―eight hours a day and six days a week―with any absence, even of a day, leading to a reduction in their wages. One of the Kochi Metro employees said:
‘I am not leaving this job because of the fear that people may blame me for quitting a decent job and will put a lid on our issues by saying, “They are only interested in sex work and begging.”’
Some respondents agreed that at times passengers looked upon them with disgust. A respondent recalled one such incident:
‘A man was gazing at me for quite a long time as if I was from some other planet. I called out to him and said we are human beings created by God, which you people consider as being daivathinte vikrithikal [God’s mischief].’
The employment at KMRL has indeed impacted the lives of several transgender individuals, who had earlier depended only on sex work and begging for their livelihood.
‘The job has given a sort of recognition in the society and I am very well satisfied with it,’
said one. Others noted the following:
‘It is better to get something (even 350) rupees from this than nothing.’ ‘It is the Kochi Metro project which gave a sort of acceptance for us in the society.’ ‘Now I am recognized in the public. Kochi Metro has given me a sort of recognition.’
Education Programme
Education is the single most important instrument for social and economic transformation. A well-educated population, adequately equipped with knowledge and skill is not only essential to support economic growth, but is also a precondition for growth to be inclusive, since it is the educated and skilled person who can stand to benefit most from the employment opportunities which growth will provide. ‒ Approach to the XIIth Five Year Plan, paragraph 10.1
With a belief in the magical transformative powers of education, the Kerala government devised an education programme, named Samanwaya, especially for transgender individuals, under the Kerala Literacy Mission initiative (Praveen, 2017). Transgenders who had discontinued their studies can now again pursue their education. In the initial phase, those who have turned 17 and 22 years of age are considered for admission to classes 10 and 12, respectively. Each district is provided with a study centre which will have a minimum of 15 interested registrants.
Under the scheme, transgender persons are helped to study under different categories, the opportunities ranging from passing the class 10 examination to graduation. Some of the responses were as follows:
‘I have enrolled to study under this scheme since I had discontinued my studies due to discrimination and disregard on the part of the school authorities.’ ‘It is a great move on the part of the government because dropouts are very high in our community.’
Some are pessimistic about this scheme:
‘I don’t want to study anymore. What would I gain after all, considering my age and my gender identity as a transgender individual?’ ‘I am earning my sustenance by doing sex work. Even if I study and try for a job, the result will be discrimination from other employees and the employers. I know sex work is highly vulnerable to arrest and violence and, most importantly, to HIV. One day I will be confirmed as HIV-positive and after some time I will die. It is my fate as a transgender person. Education cannot do anything more.’
Because of such attitudes they do not enrol in the scheme at all, and with a dearth of interested candidates in some districts, the scheme suffers delays. However, relatively few of the respondents had negative reactions to the scheme. With many of them below the poverty line (BPL), 4 spending time at the study centre gives them the opportunity to be away from work, which otherwise they would not be able to afford. The government has put initiatives in place under Samanwaya to increase the number of beneficiaries, including providing them with accomodation in shelter homes during the period of study as well as a monthly scholarship of Rs 1,000 for fourth-grade equivalence and Rs 1,250 for higher secondary equivalence, and equipping them with vocational training.
One requirement that creates problems is the submission of a registrant’s class 7 certificate to enable enrolment in a class 10 equivalent course. Many transgender individuals hesitate to return to their old schools to get such certificates. According to them,
‘I am 100 per cent sure that they will refuse my new identity and I have already suffered enough humiliation at my school.’ ‘I want to enrol under my new name, which will not be not possible if they use my seventh-standard certificate as proof.’
A new initiative has been introduced with a region-wise orientation programme to address this issue.
Health Clinics
A health clinic for transgender individuals, a collaboration of the Kerala Legal Services Authority and Kottayam Medical College, is held on the first Tuesday of every month at the medical college. It came about because of the wide range of atrocities transgender individuals were subject to at hospitals that are open to all. At the health clinic they can avail of the services of a physician as well as counselling; psychiatric, dermatological and endocrinoloical treatment; and cosmetic as well as gender affirmation surgery. Plans are in place to open such health clinics in other districts as well. At the time of this study, it had been only three months since the start of the health clinic, and some of the respondents were hesitant to try it out (The Times of India, 2017):
‘I have heard that the equipment they use for laser treatment is outdated.’ ‘I do not want my body to be something for experiment purposes.’ ‘My health is important to me. Even if private hospitals are expensive, I cannot risk my body.’
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However, others expressed their satisfaction with the health clinic scheme:
‘I do not have to face the usual staring from people when I go to a hospital.’ ‘I used to fight with the medical staff in government hospitals for mistreating us; now I do not have to face such situations.’ ‘If I go to some private hospitals for my sex reassignment surgery, I have to pay them Rs 25,000 per sitting. Thus, I need to pay more than a lakh of rupees [Rs 100,000], which is impossible for me to raise. Here I have started with my laser treatment.’ ‘There is wide discrimination towards us in the medical sector. In reality, these exclusive health clinics have solved our health issues, and alongside provided awareness about us in society.’ ‘I need to carry out my responsibilities rather than replacing my sex organs. I am the only child and I take care of my parents, and so they did not turn against me when I revealed my identity. There is a considerable difference between this clinic and private hospitals. For instance, for my hair removal I have to pay Rs 20,000 per sitting in a private hospital, while it costs me in the range of just Rs 800‒1000 here. Also, in the case of breast enhancement, the private hospitals asked for Rs 1 lakh, which is just Rs 25,000 here.’
According to the doctor in charge of this scheme, ‘We understand the unique difficulties that a transgender person has to face in a hospital. Here they are free from all those.’
Old-Age Pension Scheme
It was with the 2016‒2017 budget that the Kerala government introduced an old-age pension scheme for transgender individuals above the age of 60 years (Babu, 2016). This was welcomed by some in the transgender community as, according to them, most of them are destitute, excluded as they are from their families. A pension would ensure a peaceful old age for them.
However, the scheme lacks clarity. Most importantly, it does not specify the amount to be paid as pension to transgender individuals. This was pointed out by some respondents along with their views.
‘I do not how many transgender individuals above 60 years are living in Kerala. Most of them hardly cross 50 years or otherwise commit suicide due to depression or get infected by HIV. So I do not understand who will benefit from this.’
‘It is better to get benefits now than in future, because I do not know till what age I will live.’
‘I have not come across any news that this scheme has been implemented.’
‘This is in the budget, I agree, and will largely remain only in the budget.’
‘As an activist, I haven’t heard about anyone who has benefited from the scheme.’
‘Hope there will be changes in the policy by reducing the age bar to 40 years, or subsequent changes.’
‘Yes, if the government intends to provide, it should be at middle age.’
It is obvious that a restructuring of the scheme is imperative for it to actually help the transgender community.
Summary and Conclusion
The government of Kerala, in collaboration with the Transgender Justice Board and the cooperation of the strong and bold transgender community, introduced various welfare schemes for transgender individuals that are indeed crucial for the emancipation of this sexual minority.
This study has tried to shed light on four of the main welfare schemes initiated in Kerala. The KMRL initiative and the education programme have been marked as ‘effective’, while the introduction of health clinics has been ‘very effective’. The introduction of the old-age pension scheme lacks clarity and has to be reconsidered with reference to the age criteria. One of the leading activists from this community in Kerala cites the following:
‘Government has announced Rs 10 crores [100 million] to transgender individuals in the budget of 2016‒17. However, we have not received a penny from the government. We enquired about it and we were given the reply that Rs 10 crore is jointly for transgender individuals and the physically challenged, with only Rs 2.5 crores for transgender individuals.
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Nothing further has happened. Even in the recent budget, the government announced a corpus amount of Rs 10 crores to transgender individuals. Let us see how much we will actually get.’
Although the announcement of welfare schemes is to be appreciated, they will make an impact only if they transform into reality. Policymakers should first consider the facts before formulating policies, so that they are appropriate to the needs of the transgender community.
While the NALSA judgement advocated for the central and state governments to provide reservations to the transgender community in the spheres of education and employment, the Transgender Persons (Protection of Rights) Bill, 2017, underlines the need to produce an identity certificate from the District Magistrate, which would require the applicant to undergo surgery. This goes against the NALSA judgement of self-identification.
A concern arises regarding vertical and horizontal reservations when caste is addressed in transgender communities. Horizontal reservation puts forward multiple identities, while vertical reservation accounts for just one identity. The NALSA judgement has categorized transgender individuals as a ‘socially and educationally backward class’, and advocated for vertical reservation with a transgender person giving up his/her benefits that relate to caste identity. This is a highly debatable issue.
The Transgender Persons (Protection of Rights) Bill, 2019, passed in the Lok Sabha, considered the forming of a National Council for Transgender Persons and the prohibition of discrimination against transgender individuals, but the criteria for the identity certificate remained the same (The Transgender Persons (Protection of Rights) Bill, 2019). When recently passed in the Rajya Sabha, the same bill also included requisites such as proof of surgery accompanying the application to the District Magistrate to be certified as a trans-person, a revised certificate only being issued if the person has undergone surgery. The words ‘screening committee’ may have been removed, but identity cards can only be issued after examination by a medical officer, which is indirectly equivalent to a screening committee. This move has led to increasing protests from the transgender community. According to them, the bill does not allow them to determine their gender and forces them to abide by binary gender categories. The two main problematic provisions of the bill include the fact that it is in contradiction to the NALSA judgement of self-identification and does not address the question of reservations for the community. Also, the bill recommends a mere six-month to two-year punishment for those accused of atrocities against the transgender community.
To quote an example of policy formulation for transgender individuals, the Social Justice Department of Kerala has started awarding scholarships from class 7 onwards to transgender students admitted in state government/government-supported/self-financing schools. This financial assistance starts with ₹1,000 per month in class 7, rises to ₹1,500 in higher secondary, and to ₹2,000 for those pursuing a degree course or postgraduation.
There is a major limitation to this scheme. Students are usually admitted to school under the guardianship of their parents, who are often ignorant of the gender identity of their children or, if they are aware, as parents would be unlikely to reveal that their child is transgender. According to a leading activist,
‘Let’s take the case of the government handing out a scholarship for transgender students in schools. Who in Kerala will enrol their kids in schools as a transgender person? To avail the scholarship, the head of the institution should produce a certificate claiming that the concerned student is a transgender individual. How will they know that until and unless the student’s parents reveal this to the authorities of the educational institution?’
True governance requires utmost care in the framing of policies. Only then can it have a positive impact on this gender minority community. Results on the ground matter more to its members than mere announcements made by the government.
Footnotes
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.
Funding
The authors received no financial support for the research, authorship and/or publication of this article.