“Government officials are not sensitized about transgender identities, are unaware about issues we face; without our representation how will they form commissions and address our issues?” said Mallu K, state coordinator of Karnataka Sexual Minorities Forum (KSMF), while addressing the media in Bengaluru on July 27. “Since 2017, the government has not paid heed to our demands as we struggle to get rights we are constitutionally entitled to,” she added. KSMF – along with other organiaations working for welfare of gender and sexual minorities communities like Jeeva, Aneka, Ondede, Raahi, Samara Society – has been urging the state government to implement the Karnataka State Transgender Policy of 2017 which has not been done yet.

The Karnataka State Transgender Policy, 2017, was passed based on historic NALSA judgment by the Supreme Court’s judgement in 2014, which said that transgender persons are entitled to constitutional rights as well. The NALSA judgment, which stressed on the right to self-identification, was said to be a major step forward for gender equality in India. Based on same, the Karnataka state’s policy was aimed at ensuring constitutional rights for the transgender community and proposed to eliminate discrimination against the community covering areas of health, education, employment, housing, protection from harassment and abuse. However, the implementation is far from achieved.

The representatives of forums like KSMF and transgender activists Sunil Mohan, Chandani, Mallu K and Umi, held a press meet on July 27, voicing their discontentment with the state government’s apathy towards their issues. They noted that since 2019, no meeting has been convened with the government officials. They also put forth some demands for the state to fulfill immediately. The community members have asked the government to provide 5% reservation in all schemes including educational, housing and employment for transgender persons. 

“Under the Women and Child Development Department, the nodal agency for implementation of the policy, there has been no progress in the past four years. Our demand is that the implementation of the policy be shifted to the Social Welfare Department and that Rs 100 crore budget be allocated for the same. Constitute a Commission separately for transgender persons in the state,” the activists told the media.

Further, the community members also pointed out during the press meet that the policy’s recommendation of forming committees in district and taluk levels with a trans representative has not happened. “We want the same to be done,” they said. The Karnataka State Transgender Policy is supposed to have accountability mechanisms wherein committees with district chiefs and tahasildars at taluk level should be constituted. The committees are meant to ensure that the policies for welfare of the transgender communities are implemented and to uphold their constitutional rights.

Umi, who is a poet, noted that under the Women and Child Development Department there are multiple schemes to be implemented; hence, the department does not have enough human resources to look after implementation of schemes for transgender persons. The community members further noted that not all trans persons are able to access benefits – schemes under Women and Children Department are only accessible to trans women and not for the intersex or transgender men. If the implementation is shifted to the Social Welfare Department, trans persons who are Dalits or from low-income groups can access policy benefits if they are unable to under the Women and Child Department, the activists said.  

Additionally, they pointed out that under the Women and Children Department, there is no separate budget for implementation of the policy. Therefore, community members are urging that the implementation be shifted to Social Welfare department and also for their commission with members of the transgender community to be set up and receive a separate budget.

The community members in their press statement read, “Many of our community members are dependent on begging or sex work for their livelihoods. They are living their life in fear due to the rejection of the family, society as well as fear and violence from the police and goons.”

Sunil Mohan explained that every time the officials are transferred, the members of the community have to speak about their plight again to the new officials and the policies never are implemented. “Why should we constantly repeat our stories? We don’t want to. We are not hoping to receive sympathy, we are asking for our rights so we can lead a dignified life,” he added. He said that the government officials should be routinely sensitised about the transgender communities, and sensitisation programmes should happen every two months, and separately, also for the police.

Answering a question, Mallu said that if the government does not fulfill its responsibilities, they will protest in front of the residence of legislators while following COVID-appropriate behavior. “If the government does not pay heed, we will have to protest. Due to the pandemic, we are avoiding protest. However, if we are left with no resort, we will protest in front of legislators’ residences in limited numbers simultaneously,” she said.