Nineteen of India’s 28 states and eight union territories lack a functional Transgender Welfare Board, despite legal mandates.

Most of the boards that have been established in 17 regions operate without policies, compliance framework, or any substantial authority. This lack of oversight, combined with an absence of policies, has left transgender Indians without access to critical services.

India’s 2011 Census says there are 487,803 trans people in the country, yet only 5.6 percent have managed to apply for a trans identity card. These identity cards, essential for accessing government programs designed specifically for trans people, remain challenging to obtain, hindering access to crucial welfare programs.

Under the Transgender Persons (Protection of Rights) Act 2019 and its 2020 rules, 17 states and union territories, including Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Jammu and Kashmir, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, and West Bengal, have notified the establishment of a Transgender Welfare Board. Rule 10(1) of the law, however, mandates all state and union governments must constitute a board to safeguard trans rights, promote their interests, and facilitate access to government welfare schemes.

Reports reveal most Indian states with a notified Transgender Welfare Board have held fewer than one meeting per year since their inception, raising concerns about the effectiveness of these boards. States such as Gujarat, Jammu and Kashmir, Chhattisgarh, Manipur, and Tripura have yet to disclose any updates on their boards’ activities. Notably, Gujarat’s Transgender Welfare Board, established in collaboration with UNAIDS in 2019, reportedly did not hold a single meeting until Oct. 14, according to board members. 

Only a few states and union territories saw any regular activity from their Transgender Welfare Boards in 2023; with Tamil Nadu, Kerala, Chandigarh, and Maharashtra holding just four meetings each. Other states have held fewer meetings or none at all since the board’s formation.

In states like Mizoram, the Transgender Welfare Board has not held meeting since its creation. 

In Manipur, the board has been virtually defunct since its establishment in 2017. Although the state’s reappointed the 17-member board last year, it included only minimal trans representation, with one trans woman and one trans man appointed.

The Punjab and Haryana High Court in 2022 criticized the Chandigarh Transgender Welfare Board for its insufficient activity, describing it as a mere “cosmetic feature” in a Public Interest Litigation filed by Yashika, a trans student. The court observed that the board had failed to meet regularly, hindering its ability to fulfill its duties and effectively support the trans community. 

“Although the petitioner had submitted complaints in this regard to the Union Territory Administration, no relief was granted and, thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features,” said the High Court. “Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.”

An Amicus Curiae the Kerala High Court appointed in 2021 reported the Kerala State Transgender Justice Board had not held a single meeting that year.

Since its creation under the Social Justice and Empowerment Ministry, the National Council for Transgender Persons has held only two meetings in the past four years. Reports also suggest that budget allocations for state Transgender Welfare Boards often vary based on the ruling political party.

Maharashtra in 2020 allocated approximately $602,410 to its welfare board, but no further budget was earmarked for the board after the government changed. 

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, criticized the frequent inaction of Transgender Welfare Boards. 

“As an LGBTQ rights activist and head of Jamshedpur Queer Circle, I find it deeply disheartening yet unsurprising that only 5.6 percent of transgender people in India possess a transgender ID card. This figure underscores the systemic barriers faced by the transgender community when accessing their rights,” said Saha. “The example of Gujarat’s Transgender Welfare Board, which despite its collaboration with UNAIDS was dormant for nearly four years, illustrates how bureaucratic inefficiency and lack of political will stymie progress. Similarly, Mizoram’s board has yet to hold a single meeting, reflecting the widespread neglect of transgender issues.”

Souvik further said the situation in Jharkhand mirrors these national trends.

The state’s Transgender Welfare Board, though established, has faced challenges in regular functioning and proactive policy implementation. Reports from local community members highlight that meetings are infrequent and the board’s activities lack sufficient outreach. Trans people in Jharkhand, as a consequence, face barriers in securing IDs and accessing welfare schemes, contributing to a continued cycle of marginalization.

Saha told the Washington Blade that inaction within Transgender Welfare Boards stems from a lack of political will, bureaucratic hurdles, social stigma, marginalization, and inadequate representation. His organization has encountered numerous stories reflecting these challenges, with community members expressing frustration over the stagnant state of welfare boards and the difficult process of obtaining official recognition. Saha emphasized that these systemic barriers leave many in the transgender community struggling to access the support and resources they are entitled to.

“For any meaningful change, it is essential that welfare boards function effectively, with regular meetings, transparent procedures, and active community involvement,” said Saha. “The government must take urgent steps to address these issues, enforce accountability, and collaborate with local LGBTQ organizations to bridge the gaps between policy and practice.”

Meera Parida, a trans activist from Odisha, told the Blade that while the previous state government implemented numerous welfare initiatives for trans individuals, it fell short of establishing a dedicated Transgender Welfare Board.

“Back then it was Biju Janata Dal party leading the state and now it is Bharatiya Janata Party (BJP) still there is no Transgender Welfare Board in the state,” said Parida. “After the Supreme Court’s judgement, it was our thought that some radical change is coming, nothing short of that happened. Most of the governments have no interest in it and that is why this is not happening.”

Parida told the Blade it was also her failure as she was associated with the previous government and in the party, but she was not able to convince her political party to establish a welfare board for trans people. 

The Blade reached out to UNAIDS for reaction, but the organization has yet to response.

Transgender activists in India and Pakistan are celebrating two legal advances in their respective countries.

Akkai Padmashali, an Indian trans activist, made history on Nov. 12 by obtaining a passport for her 5-year-old child, Avin, without including a father’s name. As a trans woman and single mother, she set a precedent not only for the trans community but for all women in the country raising children on their own.

Padmashali, who is one of India’s most prominent trans activists, in 2019 became the first trans woman in the country to officially adopt a child. A year earlier, she made history in Karnataka by becoming the first trans woman in the state to register her marriage with her husband, Vasudev V.

Padmashali expressed her joy to the media when she adopted Avin, stating she had always dreamed of becoming a mother.

“It has been my dream and desire,” said Padmashali in 2019. “Our families have accepted the baby. It’s heart-warming to see the little one playing on my mother’s lap. I just hope that he does not face any kind of discrimination and social stigma when he grows up.”

In 2019, the same year Avin was born, parliament passed the Transgender Persons (Protection of Rights) Act.

The law seeks to safeguard the rights of trans people and promote their welfare. It includes provisions for issuing identity certificates, protecting against discrimination in education, employment, healthcare, and other sectors, and establishing welfare programs. The law also addressed physical, sexual, verbal, emotional, and economic abuse through protections and rehabilitation programs, introduced complaint officers to handle grievances, and outlined penalties for offenses against trans people.

The Narendra Modi-led government on Dec. 23, 2016, amended the passport policy to accommodate single parents and others who may not wish to include a father’s name in the application. This move was part of broader efforts to streamline and liberalize the passport process in India. One significant change was the modification of the application form, allowing applicants to list either the mother’s name, father’s name, or legal guardian’s name, instead of requiring both parents’ names. The change sought to benefit single mothers, orphans, and children raised by legal guardians.

Padmashali during an interview with the Washington Blade emphasized this issue extends beyond the trans community. 

“This is not a question of the community—maybe a single mother, a single parent, most of the women across the world,” she said.

“People are struggling with the identity crisis,” Padmashali added. “In a system of majoritarian, there are so many people who are in the process of questioning the notion of marriage, questions the notion of civil relationship or partnership. Especially in my case, born a male, transformed into a female, and challenged the notion of patriarchal institutions in that way. I claim myself as a woman and also adopting a child, getting the child every document from the government is a big challenge. Especially in the state of Karnataka, I did not find it challenging — very supportive officers, a very supportive government, and a very supportive environment.”

Padmashali told the Blade she was very happy with the process of obtaining a passport for her child, describing it as completely hassle-free.

“I think the passport authority of this country is very sensitive. The passport gives a certain amount of recognition, especially for the transgender community,” said Padmashali. “Many transgender women have also adopted children, but [are] struggling with lots of identity crises.”

“In my case, it was a completely different scenario, I got my passport as a female, and Avin’s also getting the passport without naming the father, I think it’s a national issue,” she added. “From the transgender person’s point of view, I am happy that my Supreme Court has recognized the community and the parliament has recognized the Transgender Protection Act. India is in process of progressing, I would say.”

Pakistan’s Sindh province could implement first-ever Transgender Education Policy

Authorities in in Pakistan’s Sindh province — the country’s third-largest by land and its second most populous — on Nov. 13 approved the first-ever Transgender Education Policy.

The policy includes a separate category for trans children on school and college admission forms, alongside existing male and female options.

Sindh Education Minister Syed Sardar Ali Shah chaired the meeting during which the Transgender Education Policy was approved. A press release says it will now go before the provincial Cabinet for final approval.

The press release notes the proposed policy seeks to eliminate discrimination by providing education for trans children, and introducing job quotas for trans people in the recruitment of teachers.

The Sindh government says trans activists and advocates helped develop the policy.

Shah highlighted the significant challenges faced by the trans community in accessing education, including prejudice, mistreatment, and exclusion. He noted that financial constraints and limited employment opportunities often make education unaffordable, while the fear of harassment in educational institutions further deters transgender individuals from pursuing it. Shah also emphasized that the policy aims to safeguard the identity, safety, and educational needs of trans people.

The press release notes the policy also includes training for teachers to understand the psychological and educational challenges that trans children face. It also aims to develop skills among trans people, and foster a harassment-free environment within educational institutions. The policy seeks to raise public awareness about the need to promote equal opportunities and rights for trans people.

Anusha Tahir Butt, chair of the Transgender Empowerment Organization, said the Transgender Education Policy’s initial approval as a significant step towards greater inclusion and equality for trans people.

“This policy acknowledges the challenges faced by transgender individuals in accessing education and employment, offering them a dedicated space in schools, colleges, and government jobs,” said Butt. “It’s a much-needed step in breaking down the societal barriers of discrimination, harassment, and exclusion that transgender people often face.”

“By including separate categories for transgender children on admission forms and reserving job quotas, Sindh is helping to create a more supportive and equitable environment,” she added. “The policy also focuses on teacher training, anti-harassment measures, and skill development programs, all of which contribute to empowering transgender individuals to lead independent, fulfilling lives. This is a powerful example of how policy can drive social change and encourage a more inclusive society in Pakistan. “

Butt noted societal stigma and prejudice against the LGBTQ community remain deeply entrenched in Pakistan, particularly in conservative areas.

“Discrimination and harassment in educational institutions could deter transgender and LGBTQ students from pursuing their education, despite the policy’s provisions for anti-harassment measures,” she said. “Furthermore, effective implementation could be challenged by limited resources, infrastructure, and political will, particularly in rural areas. Bureaucratic delays and gaps in broader legal protections for LGBTQ rights may also impede the progress of these initiatives.”

Vice President Kamala Harris’s loss in the U.S. presidential election has elicited mixed reactions among LGBTQ activists in India.

A notable portion of Indians expressed support for now President-elect Donald Trump over Harris, even though her maternal lineage traces back to India. Her mother, Shyamala Gopalan, was born into a Brahmin family in Chennai in 1938, and her grandfather, PV Gopalan, hailed from the village of Thulasendrapuram in Tamil Nadu.

Harris’s loss prompted mixed reactions within the LGBTQ community.

While some individuals expressed disappointment, others backed Trump.

The Washington Blade in August reported that Harris’s grandfather moved to New Delhi to serve as a civil servant in British-ruled India. This move eventually facilitated Gopalan’s journey to the U.S., where she pursued biomedical science at the University of California, Berkeley a step that played a foundational role in shaping Harris’s future political aspirations.

The Washington Blade since Election Day has spoken with several LGBTQ activists and influencers in India.

Harish Iyer, a plaintiff in one of India’s marriage equality cases, in response to Trump’s election said the “path for queer liberation has never been straight.”

“The presidential election was filled with rhetoric from the Republican side against transgender persons,” said Iyer. “There has been a complete denial of the existence of transgender people and also widespread ignominy and ostracism. This, adding to the overturn of Roe vs. Wade, has aggravated tensions for everyone from gender variant persons to birthing parents of all genders.”

He further noted there is a strong change of more transphobic legislation and rhetoric in the U.S. with Trump in the White House, Republicans in control of the U.S. Senate and the U.S. House of Representatives, and a conservative majority on the U.S. Supreme Court.

“In a largely connected world, where many Indians and India-born people are in America, the effect of this will be palpable in India too,” said Iyer.

Indrani Chakraborty is a prominent social activist and advocate for transgender rights, particularly in northeast India. She has been outspoken about the challenges faced by her trans daughter.

Chakraborty said the effects will be felt around the world if Trump continues his transphobic rhetoric and the U.S. government does not support the LGBTQ community. Anwesh Kumar Sahoo, an Indian artist, writer, model, and the youngest winner of Mr. Gay World 2016, told the Blade that Trump’s policies are a setback in the ongoing fight for LGBTQ rights and visibility.

“It’s a strong reminder of how interconnected our struggles are globally,” said Sahoo. “It highlights the importance of standing up for equality everywhere.”

Abhijit Iyer Mitra, an LGBTQ activist and senior fellow at the Institute of Peace and Conflict Studies, in response to Harris’s loss said her Indian roots “really do not matter.”

“America expects assimilation and not just integration,” said Mitra. “She has no real connect to India in any sense or knowledge of India in any sense. So, being from here absolutely means nothing. She is American through and through, she has demonstrated no knowledge of India, no nothing, so it is what it is.”

“I am not really worried, certainly not from an Indian point of view because her particular political supporters are all viciously anti-India, but not Biden,” added Mitra. “Biden is pro-India. But Kamala, especially her supporters, belongs to the same woke circuit which would be… ‘Oh India … genocide happening’ etc. So just being Indian means nothing.”

While responding to the Trump campaign’s rhetoric on trans issues, Mitra said “the issue is not the transgender community, but the forcing of gender ideology on everyone, where you put kids on puberty blockers and have irreversible surgery done, and kids taken away from their parents.”

“I thought I was a girl when I was a kid,” said Mitra. “When I grew up, I realized that I was a man. I am very comfortable being who I am and thank God none of this happened. Had this happened now, I would have been taken away from my parents, asked to undergo surgery, and would not have been able to lead the life I am leading.”

“What is being propagated as this ‘trans ideology’ or ‘gender ideology’ is essentially homophobia, where you are told a man cannot be attracted to a man. A woman cannot be attracted to a woman. They are instead pushed to undergo irreversible sex changes and become something else,” added Mitra. “This is exactly what Iran does — they punish homosexuality with death, but if you have a sex change, it is considered acceptable.”

“There is nothing pro-LGBTQ about the Democrats — far from it. It is an LGBTQ genocide. It is erasing the viability of the LGBTQ community. It is a huge disservice to gender dysmorphic individuals, who are the ones who might genuinely need surgery. But why do they need surgery? It is because they are shunned by society and forced to undergo something that no one should have to endure,” said Mitra. “They need to be accepted and loved for who they are, not turned into something society demands them to be.”

Sarah McBride, a Democrat from Delaware, on Election Day became the first openly trans person elected to Congress. Biden, former President Barack Obama, California Gov. Gavin Newsom, and Illinois Gov. JB Pritzker are among those who specifically mentioned marriage equality and other LGBTQ rights during the 2024 Democratic National Convention in Chicago.

“Kamala’s defeat is a huge setback for our friends from the LGBTQ community in the U.S.,” Kalki Subramaniam, an activist, queer artist, and actor who is a member of India’s National Transgender Council, told the Blade.

“As a Tamil woman from Kamala’s mother’s state, I am disappointed that Kamala was not elected,” added Subramaniam. “As Kamala said, never give up and burn bright. For all my LGBTQ families around the world, let us support more leaders like Kamala Harris and strengthen them. Let us step forward and take leadership to win back all our rights.”