Latest news with #TransgenderPersons(ProtectionofRights)Act2019
Indian Express
10 hours ago
- Politics
- Indian Express
In landmark order, Calcutta HC says transgender ID can be submitted while applying for passport; ‘big victory' says petitioner
Following an order by the Calcutta High Court after a battle lasting over a year, Anuprabha Das Majumdar, a transgender woman, can now apply for a passport with her transgender identity card. Directing the passport authority to consider the transgender identity card of Majumdar, Justice Amrita Sinha said on Wednesday, 'Transgender identity card of the petitioner shall be taken into consideration at the time of consideration of petitioner's passport application.' The ruling came after Majumdar filed a writ petition after the passport office denied her application for a passport even though she had a transgender identity card. Majumdar had applied for a passport in 2023 after getting her transgender identity card in February 2022. The Calcutta High Court's ruling effectively mandates the Regional Passport Office to recognise the transgender identity card as a valid document when processing Majumdar's fresh application, marking a significant acknowledgment of transgender individuals' rights under the 2019 Act. Speaking to The Indian Express, Majumdar's counsel Suman Ganguly said, 'As per my knowledge, this is a first case regarding the issuance of a passport on the basis of a transgender identity card. So this particular judgment will act as a precedent for the community in the future. They are being deprived of a lot of basic rights. The fight will go on, but this judgment will open a lot of doors.' Speaking to The Indian Express, Majumdar said, 'I had also faced the same issue while trying to obtain an Aadhaar card. They did not accept the transgender card but I contacted the authority under the Transgender Persons (Protection of Rights) Act 2019. After discussions, they (Aadhaar authority) took some time but they changed it.' 'Slowly, I changed everything, from my Aadhaar card to voter's card to PAN card. The passport authority said it is a major change so I have to go through the old process of gazette notification and all. They said they have not received any notification regarding the transgender ID card. We tried to contact the regional officer, sent emails, notices, etc. As a transgender person we only have this as the proof. After not getting a positive response, we moved the high court,' Majumdar added. The Transgender Persons (Protection of Rights) Act 2019, enacted by the Indian government in December 2019 and with rules notified in September 2020, is a landmark legislation aimed at protecting transgender individuals' rights. It mandates equal treatment in areas such as education, employment, and access to public services, including the right to self-perceived gender identity. The Act also requires authorities to issue transgender identity cards, which serve as official recognition of an individual's gender identity. However, as Majumdar's case illustrates, implementation at the ground level has been inconsistent, often leaving transgender individuals struggling to access basic rights. During the hearings, Justice Sinha had expressed surprise at the passport authority for not knowing whether Majumdar had applied for a passport in 2023. 'The application was made in 2023. How can your authority say that she has not applied? That means they did not check it properly. How could the authority not have the knowledge of the application being made? These are online applications; they must be knowing it,' Justice Sinha had observed. Majumdar's counsel had also submitted a supplementary affidavit stating that she had applied for a passport, thus the counsel for the passport department sought time to take instructions. On Wednesday, the counsel for the passport office informed the court that the application had elapsed and if she reapplied, it will be considered. The transgender certificate and ID card are nationally recognised and provided by the Ministry of Social Justice and Empowerment. Following this, the court ordered Majumdar to reapply for the passport. Majumdar told The Indian Expess, 'I am feeling very positive after the judgment. What all happened two years ago was very disturbing. As an Indian citizen, these are basic documents. This is a big victory for all transgender people. We face hurdles because of low awareness in society, but this is a law and any form of discrimination is a crime.' She said the fight will go on so that future generations do not have to face such hurdles. She has been invited for a senimar in the UK in July by an organisation that works for the legal rights of women. 'I will be applying for my passport via Tatkal once again and then a visa so that I can go for the seminar,' Majumdar said.
Indian Express
08-05-2025
- Politics
- Indian Express
Despite govt order, very few public offices in Pune have loos dedicated to transgender community
Despite a 2020 directive mandating the establishment of separate toilets for transgender individuals in government buildings, implementation in Pune has been inconsistent, drawing criticism from the transgender community. While some public offices have followed directives, many government buildings in the city still lack such provisions, highlighting a gap between policy and practice. The lone spaces that have dedicated transgender toilet facilities are Pune district social welfare department, public toilet at Swargate bus stop, and Pune district court. However, the Pune Collector's office, both the old and new central buildings, and other prominent government offices still do not have dedicated transgender washrooms. 'With no dedicated facility, we are left with no choices. We cannot go in male toilets being a transwomen and when we enter female toilets, the women feel disturbed and uncomfortable. Despite several government directions and Supreme Court rulings, little work is seen on the ground. In case of transmen, but as they enter male toilets they are prone to sexual assault and harassment,' said Sonali Dalwi, a member of trangender community. People from the community said that in cases where there are dedicated toilet facilities, they remain inaccessible. 'The ones which are built in public places are mostly locked, such as at the Swargate bus stop. What is the use of building them if they are inaccessible? All we demand is a small facility alongside the existing washrooms. We continue with the same ordeal in the hope that someday we will be taken seriously and witness an inclusive change, considering the dignity of transgender people as well,' added Dalwi. As per the Transgender Persons (Protection of Rights) Act 2019, the government shall take welfare measures to protect the rights and interests of transgender persons and facilitate their access to welfare schemes framed by that government. The sub-scheme 'Central Sector Scheme for Comprehensive Rehabilitation for Welfare of Transgender Persons' under the Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) scheme also has a provision for creating trans-safe toilets. 'Politicians and administrative officers just listen to our appeals, accept our demand letters, and that's it. No action has been taken so far, even after so many years of repetitive asking,' said Chandni Gore, a member of transgender community. People often assume that trans women can use the women's restroom and trans men can use the men's, but the reality is more complex. 'There are individuals who, for various reasons—whether they haven't fully transitioned or choose not to—don't fully align with the traditional appearance of the gender they identify with. In those cases, using public restrooms can become incredibly challenging and uncomfortable. That's why inclusive washroom facilities in public spaces are very important. I'm glad conversations around the need for transgender washrooms are happening and progress is being made, but the pace needs to pick up,' said Nikita Narayan Mukhyadal, a Pune-based activist for transgender community. Pune Collector Jitendra Dudi has promised to address the issue of the requirement for more inclusive infrastructure. 'I acknowledge the lack of transgender toilets and will put out directions for all government offices in Pune to follow the regulations and government's directives regarding a dedicated washroom facility, and will follow up that transgender toilets are built,' Dudi told The Indian Express. The Social Welfare Office, Pune, has constructed a transgender toilet in 2021 following government directives. 'Most transgender individuals come to our office for government-related work. So the facility was set up right outside to make it more accessible. It's been very helpful, and many people have told us the same, and everything we provide falls under their identity scheme. The transgender washroom is treated like any other, cleaned three times a day like all others, and is regularly checked and maintained. The toilet is designed to be gender-inclusive, with provisions for trans male and trans female users,' said Santosh Hogade, office superintendent at the Social Welfare Office. The Swachh Bharat Mission Urban 2.0 has provisions to construct separate toilets for transgender individuals. The responsibility for implementation, including construction and maintenance of washrooms, rests with the state governments, administrations, or Urban Local Bodies (ULBs).
The Hindu
27-04-2025
- Politics
- The Hindu
Gender and space: on trans people's basic rights
In the backdrop of a rising trend of decimation of rights for people who do not fit into the binary of male and female, led by the U.S. administration, a recent U.K. Supreme Court ruling has further polarised the gender debate. In an 88-page judgment, five judges unanimously ruled that only biological women and not transwomen meet the definition of a woman under Britain's Equality Act 2010. In its limited scope of deliberation, it provided a 'statutory interpretation' that the terms 'woman' and 'sex' in the Act refer only to a biological woman and the biological sex. A transwoman who has undergone a gender reassignment and has a gender recognition certificate as a woman for all purposes would lose the right to be treated as a biological woman. While the appellants in the case, For Women Scotland, funded in part by gender-critical writer J.K. Rowling, celebrated the verdict saying they had been vindicated, trans supporters and campaigners felt it was a setback for trans inclusion. There has been a considerable change in the resolve of the original respondents, The Scottish Ministers, too with the resignation of Scottish National Party leader Nicola Sturgeon in 2023. She had led the fight to change gender laws so that those with gender recognition certificates could be entitled to the same protections as biological women. But there was a backlash against gender recognition reforms after a trans woman, who had raped two women while she was a man, was initially sent to an all-female prison. The ruling made the point that the Gender Recognition Act 2004 gives legal recognition to the rights of transgender people on marriage, pensions, retirement and social security, and that the equality law protects them against discrimination. Kishwer Falkner, the chair of the U.K.'s Equality and Human Rights Commission (EHRC), said the court's 'clarity' means only 'biological women could use single-sex changing rooms and women's toilets, or participate in women-only sporting events and teams, or be placed in women's wards in hospitals'. But as the judges counselled against reading the judgment as a triumph for one or more groups in society at the expense of another, the EHRC should also ensure that unisex or neutral spaces are earmarked for trans people when it issues new guidelines. That holds true for all institutions, offices, hospitals and schools, planning restrictions. The ruling will have an impact on the sporting arena where athletics, cycling and aquatics have already banned transgender women from participating in women's events. As the experience with India's Transgender Persons (Protection of Rights) Act 2019 shows, any changes in the legal framework must factor in the trans people's basic rights or else they will face more strictures.
