According to the 2011 census, the population of transgenders in Maharashtra was approximately 40,981. This number has likely increased after 2014 due to initiatives by the government to provide various supports for this marginalized group of society, following the Supreme Court’s directives to provide the third genders/transgenders the right to determine and declare their gender identity. In 2014, the Supreme Court judgment in the important NALSA (National Legal Services Authority vs. Union of India) case issued directives to the central and state governments to ensure the citizenship, rights, and empowerment of Transgender persons in India. This paved the path for the Central Government’s Transgender Persons (Protection of Rights) Act, 2019 implemented throughout the country, under the guidance of Prime Minister Narendra Modi. This Act has made provisions for the identification of transgender persons, prevention of discrimination, application for identity certificates, issuance of identity certificates, gender change, welfare schemes provided by the government, discrimination in employment, grievance redressal mechanism, social security vocational training, self-employment, health facilities, etc.
During his tenure as Chief Minister, Devendra Fadnavis implemented various welfare initiatives and schemes for transgenders, to reduce their challenges through increased acceptance, recognition, and opportunities for this marginalized section of society. Some of the important schemes are as follows:
Skill Development and Employment Opportunities
The Devendra Fadnavis government implemented skill development and vocational training programs to increase employment opportunities for transgenders and make them self-reliant.. Efforts were made to employ transgender persons in private and government sectors to provide them with opportunities to work with dignity. For this, the state government has proposed a seed capital scheme.
Social Welfare Schemes for transgender persons
Housing Scheme for Transgender Persons – The Fadnavis government tried to provide affordable housing to transgender persons. The objective was to provide them with safe and secure accommodation. Nagpur Improvement Trust has constructed 3 buildings of 9 floors under the Abhinav Gharkul Scheme on an area of 4838.31 sq.m. at Khasra No. 119-120 Mauja-Chikhali (Dev) owned by Nagpur Improvement Trust. A total of 252 houses in this building will be given to the transgenders at a concessional rate. Also, the Aadhar Ashram scheme will be started in every division to enable the transgenders to live a better standard of living.
- Health Insurance Scheme – Special health insurance schemes for transgenders were introduced to cover the medical needs of transgender persons, which included the cost of their healthcare.
- The Transgender Welfare Board – The state government proposed to set up a transgender welfare board to address the issues of the transgender community. The board was to work for their rehabilitation, welfare activities, and inclusion in society.
- Legal and Social Inclusion – The Devendra Fadnavis government made efforts to officially include transgender persons in various government documents, policies, and welfare schemes. It was also decided to provide them with special identity cards.
- Health and Sanitation Activities – To meet the health and hygiene needs of transgender persons, facilities were provided to them at various levels such as free sex reassignment surgeries in government hospitals and providing special hygiene facilities for them, as well as counseling.
2014
For the welfare of transgender persons in the state and to protect their rights, transgender persons were recognized as sensitive citizens for the first time through the State Women’s Policy of 2013. On that basis, the then Cabinet had approved the establishment of Welfare Boards at the state and divisional levels for transgender persons in the state. As decided in the Cabinet meeting, the then government had established Welfare Boards at the state and divisional levels for transgender persons under the Women and Child Development Department. Its government decision was published on 6 September 2014.
Cabinet Decision No. 2, 28 August 2014
2017
The Fadnavis government decided to establish a Board for the Protection and Welfare of Transgender Persons and to transfer all matters related to the transgender community from the Women and Child Development Department to the Social Justice and Special Assistance Department. After this decision, matters related to transgender persons were transferred from the Women and Child Development Department to the Social Justice Department.
Government Decision 3 October 2017
2018
A government decision to establish a Board for the Protection and Welfare of Transgender Persons at the state and divisional levels was issued on 13 December 2018 for the welfare of the transgenders in the state and to protect their rights. The state-level board was chaired by the Minister of Social Justice and Special Assistance Department, while the divisional-level board is chaired by the Divisional Commissioner. Officers from various departments and scholars and well known persons from the transgender community were also included in the boards.
Government Decision 13 December 2018
Objectives of the Transgender Welfare Board
- To provide legal recognition to third gender/transgender persons, and to follow up with various government departments for this.
- To provide social protection to transgender persons.
- To take measures to ensure that their human rights are not violated.
- To provide benefits of various government schemes to transgender persons and to bring about their economic and cultural development.
- To organize transgender persons and integrate them into the mainstream of society
2019
The Transgender Persons (Protection of Rights) Act, 2019 will benefit transgender people in a big way. Transgender people are disrespected and discriminated against by some sections of the society. Therefore, to reduce their harassment and to include them in the mainstream of society, the Central Government, under the guidance of Prime Minister Narendra Modi, approved the Transgender Persons (Protection of Rights) Bill, 2019 in a cabinet meeting. It was also approved by Parliament and enacted as a law. This bill is reducing the harassment of transgender people and helping them get better treatment from society.
Union Cabinet approves Transgender Persons (Protection of Rights) Bill, 2019 – Cabinet Meeting 10 July 2019
2020
The Transgender Persons (Protection of Rights) Rules, 2020 were implemented. This rule defines the process through which transgender people can apply for an identity certificate and how such a certificate will be given to them. Guidance for the above and Instructions regarding welfare schemes, education, social security, health facilities, public awareness, etc. for transgenders are included in this set of rules.
The Central Government launched a national portal for transgenders on 25 September 2020. (https://transgender.dosje.gov.in/) This portal provides facilities to the transgenders to apply for certificates and identity cards digitally.
2022
Transgender persons are a part of society and they also have the fundamental right to live with dignity and get the benefits of the government schemes. So, provisions must be made to recognize third-gender/transgender persons for the basic facilities and benefits of government schemes. For example, the gender options on the general ration cards do not support a third gender, which creates an obstacle for third-gender/transgender persons to receive ration cards like the general public. Considering this, the government decided to provide special ration cards to transgender persons in the state and made it public through a circular dated 27 September 2022.
Government Decision 27th September 2022
2023
In order that the transgender persons are recognized and accepted in the society and can live their lives with equality and inclusiveness, and without discrimination, a decision was taken by the government (dated 3 March 2023) and made it mandatory in all state government departments and public service organizations to approve the option for third-gender/transgender candidates in addition to male and female candidates in their recruitment systems. This decision was made applicable to government, semi-government, municipal, municipal corporations, district councils, government schools, colleges, educational institutions, private schools, colleges, aided and unaided institutions.
Government Decision – 3 March 2023
The Transgender Persons (Protection of Rights) Act, 2019 ensures that the government shall take appropriate welfare measures to protect the rights and interests of transgenders and facilitate their access to the government’s welfare schemes for transgender persons. Accordingly, in a meeting held on 5 December 2023 regarding the implementation of the National Education Policy, 2020, it was decided by the Maharashtra government to waive the educational fees of transgender students in the state in the educational institutions under the Higher Education and Technical Education Department. This government decision was published on 7 December 2023. –
Government Decision 7 December 2023
Identity cards were distributed to transgenders. – Tweet 17 August 2023
2024
The Transgender Policy 2024 of the State of Maharashtra was approved in the cabinet meeting held on 11 March 2024 declaring eligibility for the third-genders/transgenders as beneficiaries
in state government departments, such as the Social Justice and Special Assistance Department, Disabled Welfare Department, Other Backward Classes and Bahujan Welfare Department, Skill and Entrepreneurship Department, Industries, Energy and Labour Department, Water Supply and Sanitation Department, Tribal Development Department, Food Civil Supplies and Consumer Protection Department, School Education Department, Rural Development and Panchayat Raj Department, Minorities Department, Employment Guarantee Scheme and Higher and Technical Education Department, etc.
State Transgender Policy 2024 – Cabinet Decision No. 27 – 11 March 2024
The Maharashtra’s Transgender Policy – 2024 was presented in the Cabinet meeting with the necessary amendments to ensure more support for the transgenders. The revised policy was published by the Government Decision dated 11 March 2024.
Government Decision 11 March 2024
Subsequent to the announcement of the State Transgender Policy – 2024, a government decision regarding the implementation of the policy guidelines to help with the higher and technical education for transgenders was published on 15 March 2024.
Government Decision 15 March 2024
Instead of forming an independent medical board for third-genders / transgenders, as mentioned in the Maharashtra State Transgender Policy – 2024, it was decided to hand over this work to the existing medical board and include gynecologists / psychiatrists, etc. as required. It was also decided that the medical board would provide counseling assistance to the third-gender/transgenders regarding gender reassignment surgery and treatments, if needed. –
Government Decision 10 June 2024
Reservation for third-genders
Although petitions were filed in the court regarding reservation for the third genders, the Supreme Court while giving its verdict in the case of NALSA vs. Central Government on 15 April 2014, directed the Central and State Governments to provide benefits to third genders in educational institutions and all types of government appointments for socially and educationally backward people. However, the 2019 Act did not make any provision regarding reservation for third-gender/transgender persons.