In India, the full and equal participation of transgender persons and their inclusion in society is protected by Section 8 of the Transgender Persons (Protection of Rights) Act, 2019. Pursuant to this, the Central government and various states have launched schemes focused on improving the lives of transgender persons. This post aims to serve as a consolidated collection of all welfare schemes made by the Central Government, that trans persons can access, while briefly explaining certain limitations of the same.
SMILE is the national level umbrella scheme by the Ministry of Social Justice and Empowerment. All schemes under SMILE require the applicant to possess a transgender certificate under Section 6 of the Transgender Persons Act.
First, the scheme provides scholarships of ₹13,500 a year, for transgender students from Class IX to Post Graduation. Candidates are chosen based on their academic performance in the previous year. While such scholarships are appreciated, their benefits are heavily limited. Students who have received any other form of government scholarship are ineligible, making it difficult for people to access all the schemes they are eligible for. Also, the allotment of such scholarships is extremely small. The fact that it is merit-based and not need-based further makes it tougher for trans persons from marginalized caste or under-privileged backgrounds to access it. Also, the applications for the scholarships usually open only between June to August, while fees are required to be paid by June. Thus, the scholarship money is not available for many during admissions, reducing the scheme’s utility.
Secondly, SMILE also provides Skill Development and Training schemes which aim to improve the employability of transgender persons between 18-45 years of age, by providing them with market-oriented skills. This training is free of cost, and candidates with more than 80% attendance are supported with post-placement assistance. However, the scheme’s efficacy is limited as one can undergo training only once, and can participate in only one training program. Furthermore, the mobilization and awareness about this scheme is particularly limited.
Thirdly, the scheme provides for “Garima Grehs”, or “Houses of Dignity” which are shelter homes for transgender persons which provide them with basic facilities like food, medical care, and recreational facilities. To be eligible, one must be an ‘abandoned’ transgender person “preferably living below the poverty line”, aged between 18-60 years, and unemployed/not engaged in any productive commercial activity. Trans persons who are engaged in sex work or ‘beggary’ are ineligible from applying under the scheme.
There are only 12 such shelters across 10 states. The scope of Garima Greh is thus arbitrarily limited and appears to exclude many trans persons who are engaged in work but might still be in need of shelter as they may not be earning enough to be able to afford a home. It is also reflective of a stigmatised understanding of sex work as a profession for trans persons, deeming such workers ineligible to cohabitate with others. By deeming sex workers as ineligible, the scheme fails to take into account social and economic realities that often leave trans persons with no other choice of occupation. Despite these limitations, Garima Grehs do seem to be functioning well for those who can access it. As per a study conducted in Jaipur, respondents found themselves comfortable with the facilities provided by the Garima Greh.
There is also the provision of composite medical health provisions for Transgender persons through the Ayushman Bharat TG Plus scheme. It provides a transgender person with insurance of ₹5,00,000 per year. This money can be used to cover all transition-related healthcare needs, including hormone therapy, sex-reassignment surgery etc. However, members of the community have shared they had faced problems in accessing healthcare under this scheme.
Apart from such welfare schemes, the Transgender Persons (Protection of Rights) Rules 2020 also require States to set up Transgender Protection Cells to monitor cases of offences against transgender persons and to ensure timely registration, investigation and prosecution of such offences. However, four years on, only 11 states have institutionalized such protection cells.
Analysing the above schemes, it becomes clear that while steps have been taken towards improving the status of transgender persons in India, particularly since the 2019 Act, there exists a large gap between the policies as made on paper and their implementation on ground. Some measures also reproduce problematic notions surrounding the transgender community and should be accordingly addressed by the government.
This blog is the first of a 2-part series written by our research interns, Amruthavalli B.S. and Vedant Gupta, both 3rd year B.A., LL.B students at the National Law School of India University, Bangalore.