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.

Climate change is real, impacting everyone around the world, and India remains at the forefront of its effects.

Changing weather patterns cause food insecurity, hitting vulnerable communities the hardest. The transgender community in particular suffers disproportionately, as their already limited access to resources worsens in times of crisis. 

As India battles climate change, the struggle for survival and dignity intensifies for those most marginalized.

In India, LGBTQ people, particularly the trans community, frequently face family conflict that leads to forced displacement that is often accompanied by violence or the threat of violence. Many trans people, as a result, become homeless, frequently finding themselves in low-lying areas that are prone to frequent flooding, further exacerbating their vulnerability.

Many trans Indians are involved in sex work or rely on begging in public spaces that include streets, or on trains and busses. Their means of survival are disproportionately affected, often more severely than other communities, during floods, heatwaves, and other climate change-induced events.

Trans Indians involved in begging are particularly vulnerable, often working in the heat or heavy rain without access to basic facilities. They often have no choice but to continue working to survive, despite the toll on their mental and physical health.

The Council on Energy, Environment, and Water, a policy research institute in India, has identified Assam, Andhra Pradesh, Maharashtra, Karnataka, and Bihar states as highly vulnerable to extreme climate crises. Andhra Pradesh, Maharashtra, Bihar, and Uttar Pradesh also have relatively high populations of trans people.

Many of them, particularly those with HIV or are undergoing hormonal treatments, face additional health risks. Extreme temperatures, which India experiences annually, can negatively affect their treatments and overall well-being.

The U.N. says climate change disproportionately affects the poorest and most vulnerable, worsening existing inequalities. 

Efforts to improve the trans community’s well-being include the World Health Organization’s development of guidelines aimed at enhancing trans health, providing evidence-based recommendations, and implementation guidance for health sector interventions.

Marginalized communities, including trans people, faced heightened challenges during the 2015 Chennai floods due to limited access to relief and rehabilitation efforts. Many were forced into unsafe shelters and lacked access to food, medical supplies, and other essential services. The informal economy on which many trans people rely for survival was also severely disrupted during the crisis.

Trans people were also among the hardest hit during the 2018 Kerala floods.

They faced discrimination in relief camps where some were denied access to shelter and sanitary facilities. NGOs and activists highlighted the lack of sensitivity in disaster management policies toward the trans community, prompting increased discussions about addressing trans-specific needs in disaster response frameworks.

The climate change-induced floods in Assam in 2020 also placed trans individuals in vulnerable situations. Many of them struggled to access government relief measures because of societal stigma, and, in many cases, a lack of legal recognition. 

The floods displaced hundreds of thousands of people, and trans people were often overlooked in the distribution of relief aid.

Although there is no specific data available for India’s trans community, heat waves this year caused more than 700 deaths nationwide, significantly higher than the official government count of 360 facilities.

Activists in India have raised concerns about the challenges faced by the trans community during climate change-induced disasters.

The Indo-Global Social Service Society, an NGO focused on eliminating social inequality, said the trans community during disasters experiences disruptions in their normal coping mechanisms. Trans people often become displaced or are relocated to areas where they lose connection with their existing support networks, forcing them to cope with the disaster’s aftermath in isolation.

The IGSSS report also highlights the low priority given to trans people during rescue, relief, and rehabilitation efforts. 

It notes disaster assessment forms typically categorize gender as only male or female, which fails to capture the specific needs and experiences of trans people. This exclusion hampers effective planning and delivery of relief efforts. Trans people who have undergone gender-conformation surgery may also face aggravated health problems during disasters: More infections, urinary tract issues, and other medical complications. 

The report also indicates shelters are often not conducive for trans people, who frequently face discrimination and a lack of acceptance. These facilities typically have separate toilets for men and women but lack gender-neutral facilities, leading to verbal abuse and threats when trans people attempt to use any restroom.

Governments should ‘create more tailored’ disaster relief policies

Nepal’s trans community also faces the same challenges from climate change that their Indian counterparts.

Devastating floods that swept across Nepal on Sept. 26 left approximately 219 people dead. Flooding and landslides displaced 12,000 families. 

While there is no specific data on how many trans people this disaster directly impacted, the Nepali trans community’s experiences mirror those their Indian peers have faced during similar crises. The lack of targeted support and recognition of their unique needs in disaster response underscores the ongoing vulnerabilities both communities endure in the face of climate change.

The Washington Blade reached out to the Queer Youth Group, an LGBTQ organization in Nepal. 

Nanboong, the group’s communication officer, said that while climate change affects the LGBTQ community in Nepal as it does other groups, its impact is particularly pronounced among trans people.

“The government should create more tailored policies addressing the specific needs of LGBTQIA people in relation to climate change, and they need to do more to ensure these communities are adequately supported during climate-related disasters,” said Nanboong.

The Blade also reached out to Kalki Subramaniam, a trans activist, queer artist, and actor who is a member of India’s National Transgender Council. 

She explained that many LGBTQ people face rejection from their families, making them vulnerable to being forced out of their homes. This lack of familial support, coupled with limited access to housing and employment, leads to significant mental and physical health challenges. 

Subramaniam noted queer people often struggle with acceptance in both the job market and housing. She added trans people, particularly those who drop out of school, are frequently pushed into Chennai’s slums. 

“Many of my friends from the transgender community live in low-lying areas near the sea and highly polluted rivers,” said Subramaniam. “In these areas, they are somewhat accepted because others living there are also marginalized. However, during floods and heavy rains, their livelihoods get washed away.”

“Their homes are also destroyed,” she added. “I have a friend named Kartika, who used to beg on trains and in market areas. She wanted to start a business and opened a small idli (a traditional South Indian breakfast cake made from fermented rice and lentil batter) shop near the slum. Unfortunately, after just two months, her shop was completely washed away during the rains, with garbage piling up because of the flooding.”

Subramaniam told the Blade that Kartika, after losing her idli shop to the floods, was unable to recover from the setback and returned to begging. She lacked the necessary infrastructure and motivation to restart her business.

“The government should create policies that are more sustainable for the transgender community,” said Subramaniam. “Due to the lack of support and employment opportunities, transgender individuals are also victimized by climate change.” 

“On one hand, the government should focus on providing economic benefits, while at the same time, it should consider our community when framing climate change policies,” she added. “This should include how transgender people are treated during disasters.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

India’s National Medical Commission has introduced an undergraduate curriculum that does not include protections for transgender individuals and people with disabilities.

The National Medical Commission on Aug. 31 released the Competency-Based Medical Education (CBME) Curriculum 2024, scheduled for implementation in the 2024-2025 academic year. The curriculum sparked controversy by introducing “sodomy and lesbianism” as unnatural sexual offenses in undergraduate programs, prompting two international organizations to threaten to seek the suspension of the National Medical Commission over the issue.

The International Council for Disability Inclusion in Medical Education and the World Professional Association for Transgender Health (WPATH) have called for global authorities to temporarily suspend the National Medical Commission’s recognition by global authorities. The two organizations claim the new curriculum violates exiting laws that protect the rights of people with disabilities and LGBTQ individuals.

The National Medical Commission reintroduced several regressive ideas regarding the LGBTQ community, with a complete omission of transgender rights that contradicts Supreme Court guidelines and previous regulations. Leaders from the disability and trans communities wrote a letter to Union Minister of Social Justice and Empowerment Virendra Kumar in which they criticized the curriculum.

The revised curriculum removed key disability competencies and critical components related to trans health. 

On Sept. 5, as India observed Teacher’s Day, the National Medical Commission temporarily withdrew the guidelines, only to reintroduce them on Sept. 12 without addressing the controversial sections. Terms, such as “dignity” and “transgender,” were notably absent from the 466-page document.

The revised curriculum allocates eight hours to sports but no longer mandates the previously required seven hours for disability training. It uses terms such as “gender identity disorders” and refers to intersex people as “abnormalities,” retaining language from earlier medical perspectives.

The revised curriculum no longer classifies sodomy and consensual same-sex sexual relations between women as “unnatural sexual offenses.” The earlier version, however, included descriptions cross-dressing as a form of sexual perversion. It also categorized a range of behaviors — including voyeurism, exhibitionism, sadism, and masochism — together with necrophagia (the consumption of the dead) and necrophilia (sexual attraction to corpses) under a single category.

The earlier version did not include LGBTQ-inclusive language.

The revised curriculum includes education on topics that include informed consent for sexual intercourse, the history of gender and sexuality-based identities, and the legal background surrounding the decriminalization of adultery and consensual same-sex relationships. It also introduces lessons on paraphilia and paraphilic disorders, covering a range of atypical sexual fantasies and behaviors.

The National Medical Commission has not provided a specific explanation for including outdated concepts in the curriculum. Senior officials have, however, attributed the changes to an unintentional oversight, stating it was an error that led to portions of the 2022 curriculum being mistakenly reintroduced.

The National Medical Commission in 2022 updated six modules in forensic medicine and psychiatry to reflect societal and legal changes. These amendments included the decriminalization of consensual same-sex relationships. They aimed to educate students on informed consent and, within psychiatry, to address the spectrum of gender and sexual orientations. 

The curriculum was designed to prepare students to manage issues, such as gender dysphoria, intersex conditions, and sexual dysfunctions. These changes were based on recommendations from an expert committee formed under a Madras High Court ruling in a case involving a lesbian couple whose parents opposed their relationship, leading to a police complaint about their alleged disappearance.

The Madras High Court ruling noted queerphobia was being incorporated into the education of future doctors. 

The 2022 changes were seen as essential for the daily practice of medical professionals, as misinformation about consensual same-sex sexual relationships could result in some patients receiving inadequate care and treatment.

While the revised curriculum released on Sept. 12 does not include references to trans rights, the Transgender Persons (Protection of Rights) Act of 2019 explicitly requires medical colleges to incorporate trans health and develop health manuals for gender confirmation surgeries. The revised curriculum, however, does not reflect current standards of inclusivity and care.

Ankit Bhuptani, an LGBTQ rights activist and founder of the Queer Hindu Alliance, during an interview with the Washington Blade expressed disappointment over the new curriculum.

“It is not just about the NALSA judgment, but also the current government has been very actively talking about trans rights throughout their policy and their various programs,” said Bhuptani. “So, it’s quite surprising that it was not included and the government should have been more mindful. I hope, they rectify the error that was done earlier in terms of lesbians and other elements which were problematic.”

Bhuptani also told the Blade the current government is open to receiving suggestions from the LGBTQ community.

“The government has met a few community members already, and I was one of them,” noted Bhuptani. “After the meeting, we requested that the community need to be consulted for larger LGBTQ rights. They have given their email IDs publicly so that where general public can send suggestions. So, I hope the community members who are raising these issues, will reach out and take this ahead as well.”

Bhuptani said he plans to raise the issue with the government.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.