NHRC advisory on transgender welfare calls for policy to combat discrimination

NEW DELHI: The National Human Rights Commission has issued an advisory calling for measures from the government to treat a single transgender child of a deceased government employee or pensioner as an unmarried daughter for the purpose of ‘family pension’ and other benefits. The advisory on TG welfare also recommends the need to secure property rights of transgenders and that they should be allowed to inherit ancestral agricultural land.

The NHRC led by Justice Arun Mishra has issued an advisory making recommendations to the central and state governments and UTs to ensure the welfare of Transgender Persons.

In the advisory, the commission has observed that one of the primary concerns faced by TG persons in the country is that despite the legal advancements, they continue to grapple with discrimination at various places like employment disparities, limited access to healthcare, and exclusion from social circles. The commission highlights that the TG community continues to face discrimination despite the fact that rights of TG persons have gained recognition and legal validity through various judgments of the Supreme Court and the Transgender Persons (Protection of Rights) Act, 2019.

The commission, in a letter to the secretaries in the department of social justice and empowerment and ministry of corporate affairs, chief secretaries of states and administrators of Union Territories, has asked for the implementation of its recommendations “in letter and spirit”, and sought an ATR within two months.

The advisory has focused on six key areas for action by the Centre, states and UT administrations to ensure transgender persons get access to education, healthcare, employment, inclusivity, welfare, and grievance redressal.

The advisory recommends that the authorities set up a TG protection cell under the director general of police in the state to monitor cases of offences against TG persons. The advisory states that there should be one officer in every police station designated as a focal point for TGs.

To enable TG persons to get access to insurance benefits, the advisory states that “the insurance companies may be advised to consider and accept the TG certificate issued by the appropriate authority for document verification purposes”.

The advisory also recommends that a policy should be formulated to address the issues of violence, discrimination and harassment at educational institutions by protecting gender non-conforming students from bullying, harassment or other forms of violence. “An anti-discrimination cell must be set up at the district level for Transgender persons, and ensure the setting up of a monitoring committee at educational institutions to address the issues of prejudices, discrimination, sexual abuse and other violence against them,” it is stated.

Courtesy : TOI

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