Event Report: Know Your Rights and Entitlements Session – Transgender Persons (Protection of Rights) Act, 2019

February 18, 2025

On 15th February 2025, the Centre for Law & Policy Research in collaboration with in collaboration with Swatantra, Payana, and Karnataka Vikalchetanara Sanghantane (KVS)  held a ‘Know your Rights and Entitlements’ session at the CLPR Office in Bangalore. The event aimed to build the capacities of transgender persons on the legal rights and entitlements under the Transgender Persons (Protection of Rights) Act, 2019 and related welfare schemes. The session was attended by over 45 people including transgender persons, activists, paralegal volunteers and writers, leading to engaging and in-depth discussions on legal frameworks, discrimination, and welfare initiatives. 

 

Sana from Swatantra opened the session by welcoming the participants and providing an overview of the session’s objectives. She also facilitated the first session focused on the legal rights and entitlements under the 2019 Act. Sana emphasized the importance of ensuring that transgender persons understand the provisions of the 2019 Act. She provided an overview of the 2019 Act’s evolution from a Private Member’s Bill in 2014 to its enactment in 2019. The discussion examined the Act’s definition of “transgender” and its limitations in recognizing non-binary identities. Participants explored the right to self-identification without medical intervention, a progressive shift from the earlier requirement of surgical intervention.  

 

The discussion further delved into the 2019 Act’s provisions on the prohibition of discrimination in employment, healthcare, and access to public services, bringing attention to ongoing challenges such as implicit discrimination in job interviews and housing. Additionally, concerns were raised regarding legal gaps, particularly the lack of criminalization for discrimination against transgender individuals, making enforcement and accountability challenging. Senior Advocate Jayna Kothari (Executive Director of CLPR) contributed to the discussion while highlighting the legal strategies and remedies that could be pursued in instances of discrimination.  

 

The second session was facilitated by Christy Raj and focused on navigating the National Portal for applications for Transgender ID Certificates. Christy explained the significance of the TG card and the process of applying through the National Portal. He discussed the two types of applications available: the Basic White Paper Application and the Affidavit-Based Application. Address verification and territoriality issues were highlighted as common causes for application rejections. Additionally, he stressed the importance of securing email credentials to prevent complications during the application process.  

 

He further elaborated on the benefits of the TG card in accessing scholarships for education, inclusion in Ayushman Bharat for healthcare, and eligibility for financial aid. However, bureaucratic inefficiencies and procedural barriers remain significant challenges for transgender individuals seeking these benefits. Christy emphasized the need for increased awareness and assistance in navigating the application process to ensure wider access to these entitlements. Participants also discussed real-life experiences regarding difficulties faced during the application process and shared strategies for overcoming bureaucratic hurdles.  

 

The third session held on the welfare schemes and benefits for trans persons. Jayna presented the government schemes aimed at improving the socio-economic conditions of transgender individuals. The discussion covered the SMILE Scholarship Scheme, which offers financial assistance to transgender students but remains underutilized due to a lack of awareness and a challenging application procedure. She also informed the attendees about the Ayushman Bharat Health Scheme which provides medical coverage up to 5 lakhs for treatments, including Sex Reassignment Surgery and participants expressing concerns about accessibility barriers. Additionally, state-specific welfare schemes implemented in Karnataka were discussed, such as the 1% horizontal reservation in government jobs, the Mythri Scheme which provides a monthly pension of 1200 rupees to transgender persons, and the Shakti Scheme which grants free bus travel. However, issues such as bus conductors failing to recognize TG cards as valid identification were noted as significant challenges.  

 

During the discussion instances of discrimination in accessing these schemes were shared. Christy recounted a case where a transgender individual in need of urgent medical assistance under Ayushman Bharat received no support despite repeated calls. Participants also spoke about issues like bribes demanded by hospital officials and unethical medical practices, such as providing used silicone implants to transgender women. To address systematic discrimination in public transport participants requested a government order recognizing the TG Card for travel benefits.  

 

The session concluded with an interactive Q&A session. Participants raised critical questions on topics such as the legal recognition of transwomen in marriage and criminal law, reporting workplace discrimination in job interviews, and filing complaints against discrimination without a TG Card. Jayna and Christy clarify that self-identification is sufficient for filing complaints and encouraged legal action in cases of discrimination. The session ended with a vote of thanks by Payal Gaikwad (Project Coordinator, CLPR) acknowledging the speakers, volunteers, and participants for their active engagement in the discussions. The event successfully fostered a deeper understanding of transgender rights and legal provisions, while also emphasizing the need for systemic reforms and proactive advocacy.