Professional Documents
Culture Documents
Department of Soc) Al: Justice
Department of Soc) Al: Justice
JUSTICE
IN KERALA. 2015
{pRAFT}
J
l. Background& Introduction
II. Summara Analysis of TG Issues in Kerala
Access to Capabilities, Economic Opportunities, Assets
And Serviccs
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tr
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BACKGRoUND& lrurnooucrtoru
1.
The Honorable Supreme Court of India (vide Judgment datec{ 15tr' April,
2014) has
firmly
established the
by prohibiting
discrimination on the ground of gender identity. it has expandecl the scope of the
term'sex' in Alticles 15 and
16,
2.
The Judgment also explains that Article 19(1)r of the Constitution states
that all citizens shall have the right to freedom of speech and expression, wl-rich
before law-The State sha ll not deny to any person equality before the law or the equal protection of the laws
olaces of public entertainmenij or (b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained !vhollv or partly out of State funds or dedicated to the use of the general public.
3Article
16: Equality of opportunity in matters of public employment- (1) There shall be equality of opportunity for al
citizens in miitters felating to employment or appointment to any office under the State.i2) No citizen shall, on
grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be lneligible for, or
discriminated against in respect of, any employment or office under the State
aAll
citizens shall have the rightjal to freedom of speech and expression; lb) to assemble peacea bly and wlthout arms;
associations or unlonsj kll tcr move freely throughout the territory of lndia; iqi to reside and settle in any
part of the territory of India; andl0 omittedlg) to practise any profession, or to carry on any occupation, trade or
lqlto forrn
business
as
3.
TGs
The judgment has also directed the Centre and State Governments to grant
legal
in public
for
4.
In
third gender, and a TG should have the option to identify as 'man', 'woman' or
'transgender', as well as have the right to choose any of the options independent
of surgery/ hormones. Only the nomenclature 'transgender' should be usecl and
nomenclatures like'other' or'others' should not be used. It also recommends that
a state level autholity duiy clesignated or constituted
psy
chologist, psychiatrist,
aad lraa
card
and so on.
and homes, in
school systems that promise to shelter and educate, in harsh ancl exclusionary
workplaces, at the markets and shops, the hotel {ront desk, emcrgency rooms,
and at the hands of landlords, police officers, health care workers and other
service providers.
6.
(f)
male to female (M2F)TGs and 63o/o are TGs married to females. Based on
snowballing techniques, the survey estimates the presence of more than 25,000
in the state. The major findings of the survey are provided below:
lTGs
I'
I
AccEss
ro
58% percent of TG students drop out before completing 10tt grade (24
o
o
Among those who had to leave school due to harassment, nearly half
in
doctor's
700ok of them have had at least one experience of being denied job due to
i,-lr.nf if rr
"Irpir
-" or-n,lr.r
o- '-- --'-""tY'
*55y" of the respondents had a monthly income
. Only 11.6% have regular jobs
I
|
I
RrcHr
.
.
.
89oi,
reported
of
96% c1o
identity.
RtcHT To ExPREssroN
. 76% are unable to register gender identity the way they choose
in
the
789o have
disclirrination.
.
.
gender identity;
81y. wish to change their identity but have no support from any person for
91o/o
47'k of the TG population is of the view that they won't be accepted if their
gendel identity is revealed;
52% felt a neecl to change their physical appearance.
lll.
6.
discrimination they face in the society, resulting in their exclusion from socioeconomic and political spectrum. They are an outlier
TGs
have unique needs, which are overlookccl ancl ignorecl by society. In view of the
systemic injustices that prevent this minority community from lealizing equal
rights, they are forced to live as second-class citizens in their own countries. Tc
rectify this situation,the State Government issues this policy, to enJorce the
corrstitutional righLs of TGs, taking into account the Suprerne Court judgmcnt
(2014) and the findings of
7.
State TG Survey.
This palicy covers alJ the categories of TGs, including but not limited to
Female
to Male TGs, Male: to Female TCs and Intersex people. This policy
B.
9.
A just society where men, women, and TGs have equal rights to
access
The right to live with dignity and enjoy a life free from a1l forms of
violence;
The right to freedom of expression in all matters that affects them; and
'
.'.':
..4..
u
ier,'
RiCht
to self-identficarDn
'o
*n. **
EqutabLe RiChrs n
F.eedofr of conscien.e:ndlreep'ofession,
and prop.gation of reliS on
n and bner,r
rrcm
atr
I
I
al deci5ion maki.C
l
l
l
l
../
FIGURE 1r RESULTS FRAMEWOR( FOR TG POLICY
Right
to
Equality
Ensure
Board who
to TGs.
a8e ncres
to
education, public
to
TG
community
access
to all
services,
Freedom of
Expression
o Law Department,
oy rb peopre:
Take steps
raise
and
be ha vio r.
Police,
awareness
of
their
o
o
Department of Tourism
Depa
rtment of Culture
Right
to
Dignity
and
Life without
TG includ ing:
Violence
Board
to be provided to
TG seeking
to
record
o De pa rtment of Home
o Director-General of Police
o Local Seif Government
Departments
KELSA
Department
Ensure
marriage,
Right
to
o
o
TG
Employment
Depa
of Labor and
rtment of Industries
Right
Equal Access
to
Ed
to
Depa rtme
Ed
nt
of
ucation
Services
nti-d iscriminatio
n cell to
discrimination/harassment.
Raise awareness
TGs,
Equal Access
to
Hea
Services
o TGs should be
included in
th
Department of
Hea lth,
lth
Insura nce.
to
o All Govt.
General
be given.
Right
Voice
to
aTTecr
and
tbs
Socia I Justice
Participation
Department of
in different parts of
the
including
of
TGs can be
a combination of
grants,
on the income of
the
beneficia ry
Day care centres
for
of
counselors,
that
for
Destitute TGs
Scheme on Provision
of Food -
BPL
Ration
Cards
Department
of Food and
Civil
o Set aside an
equitable amount
of funds for
and
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framework for TGs to achieve their Constitutional rights and live as equal citizens
in the State. The results frarnework will guide al1 institutional stakeholders in
designing their contribution to TG Justice. Capacity development and gender
issues
B.
Es
Ensure that a1l rights of TGs are protected and enforced, including the
to
address inequities
in
areas of
i.t
hen lequirecl.
C.
1,4.
policy are indicated in Table 1. This is not an exhaustive list, and others may be
added as determined by the proposed TG Justice Board.
D.
vrlrrs
Chairperson
Member Secretary
Menbers:
r
o
o
.
.
o
o
Nominated Members
r
o
o
1,4
a TG Justice
the
Chair person
District Collector
Member Secretary
Members
17
ul.
lv.
for effective
vl.
in
to
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Issuance
recommendation of
the
issued by the Cell should have the self-identity tirat the indivirlual chooses
(male/female/ TG) which can be used to revise all the legal documents
such as voter ID, passport, drivers license, aadhar. The certificate shoulcl
be acceptable to all authorities for indicating the TG's gender on all official
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all eligible
16
tl.
memlrels.
111.
lssue Lecornrnendations
gender iclentity
Set up and n-ronitor lfG Support and Crisis Intervention Centles (TSCIC),
on the rnoclel of Rape and Crisis Intervention Centles. The centle should
under take counseling programmes, mental health services, sensitization
program res and crisis intervention, with the help of CBOs. The centre
shoulcl also function as an information centre and support centre
'fGs
arnci tl're
fol
the
E.
TABLE
2:
&
EMPOWERMENT IN
KERALA
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policl' results. Table 4 illustrates the type of outcome and outputs indicators
associatecl
training
cornmunity. L"rdicators in the Annex will be the basis of the monitoring tool.
Utilizing
"
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ANNEXE
iri!1rLl,i1(,iia, i.';t:i:
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