LGBTQIA

The LGBTQIA (Lesbian, Gay, Bisexual, Transgenders, Queer, Intersex, and Asexual) community is among the most marginalized communities because they don’t fit into the stereotypical categories of the gender of ‘men’ or ‘women’. Consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on.

Social Exclusion of Transgenders

• Experience estrangement from family and friendship networks
• Dropping out of school earlier
• Unable to find regular jobs, have fewer options than others
• Discrimination in access to Health Care
• Experience stigma and discrimination across their life spans, and are targets of sexual and physical assault, harassment and hate crimes.
• Many transgender children are placed in foster care, or end up in juvenile detention or on the streets, because of family conflicts related to their identity
• Unlikely to get access to a rented house

Transgender Persons (Protection of Rights) Act, 2019

• Definition of a transgender person: The act defines a transgender person as one whose gender does not match the gender assigned at birth. It includes trans-men and trans-women, persons with intersex variations, genderqueers, and persons with socio-cultural identities, such as kinnar and hijra.
• Self-identification: A transgender person may make an application to District Magistrate for a certificate of identity, indicating gender as ‘transgender’. 
• Prohibition against discrimination: Prohibits discrimination against a transgender person in
  • Education, employment and healthcare.Access to goods, facilities, and
  opportunities available to the public. Right to move, reside, rent, or otherwise occupy the
  • property.
  • Opportunity to hold public or private office.
• Welfare measures by the government: Mandated government to undertake measures to ensure full inclusion, and participation of transgender persons in society and steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive and promote their participation in cultural activities.
• Offences and penalties: Recognize offences against transgender persons like forced or bonded labour; denial of use of public places; physical, sexual, verbal, emotional or economic abuse. Penalties for these offences vary between 6 months & 2 years, and a fine.
• National Council for Transgender Persons (NCT): consists of
• Union Minister for Social Justice (Chairperson).
• Minister of State for Social Justice (Vice-Chairperson)
• A representative from ministries including Health, Home Affairs, and Human Resources Development. Other members include representatives of the NITI Aayog and the National Human Rights Commission.
• Representatives from the transgender community and five experts from non-governmental organisations.

The Council will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.

SMILE SCHEME

• SMILE stands for Support for Marginalised Individuals for Livelihood & Enterprise. It is an umbrella scheme to provide welfare measures to the Transgender community and people engaged in begging.
• Two sub-schemes:
• (1) Central Sector Scheme for Comprehensive Rehabilitation for Welfare of Transgender Persons
• (2) Central Sector Scheme for Comprehensive Rehabilitation of Persons Engaged in the Act of Begging.

Components under Comprehensive Rehabilitation for Welfare of Transgender Persons Scheme:

1. Scholarships for Transgender Students studying in IX and till post-graduation to enable them to complete their education. 
2. Skill Development and Livelihood under the PM-DAKSH scheme of the Department.
3. Composite Medical Health: A comprehensive package in convergence with PM-JAY supporting Gender-Reaffirmation surgeries through selected hospitals.
4. Housing in the form of ‘GarimaGreh’: Shelter Homes ‘Garima Greh’ where food, clothing, recreational facilities, skill development opportunities, recreational activities, medical support etc. will be provided.
5. Provision of Transgender Protection Cell: Setting up of Transgender Protection in each state to monitor cases of offences and to ensure timely registration, investigation and prosecution of offences.
6. E-Services (National Portal & Helpline and Advertisement) and other Welfare Measures.

Components under Comprehensive Rehabilitation of persons engaged in the Act of Begging:

1. Survey and identification: The Implementing Agencies shall conduct a Survey and Identification of beneficiaries.
2. Mobilisation: Outreach work will be done to mobilise the persons engaged in begging to avail the services available in the Shelter Homes.
3. Rescue/ Shelter Home: The shelter homes will facilitate education for children engaged in the act of Begging and children of persons engaged in the act of Begging.
4. Comprehensive resettlement.