NHRC advisory for transpersons pushes for separate toilets, pension rights, free sex reassignment surgery
The Hindu
NHRC urges Centre, States to ensure welfare of transpersons, incl. separate toilets, free sex reassignment surgery, pension and inheritance rights, respect and dignity, tackling sexual harassment & preventing violence/discrimination. It also recommends setting up of welfare boards & medical boards.
The National Human Rights Commission (NHRC) on September 26 issued an advisory to the Centre, State governments and Union Territory Administrations calling upon them to ensure the welfare of transgender persons. The welfare measures include provision of separate toilets, free sex reassignment surgery, pension rights and inheritance rights.
In the advisory, the Commission has observed that one of the primary concerns of transpersons in the country is that despite legal reforms, they continue to grapple with discrimination, leading to employment disparities, limited access to healthcare, and exclusion from social circles. The Transgender Persons (Protection of Rights) Act, 2019, aims to safeguard and uphold their rights.
The Commission, in a letter to the Secretaries in the Department of Social Justice and Empowerment, the Ministry of Corporate Affairs, Chief Secretaries of States and Administrators of Union Territories, has asked for the implementation of its recommendations in letter and spirit, and has sought “action taken” reports within two months.
“A single transchild of a deceased government employee or pensioner may be treated as an unmarried daughter for the family pension and other benefits,” the NHRC advisory said.
It also recommended that transgender persons be allowed to inherit ancestral agricultural land. A multi-purpose identity card may be provided to the people of this community to help the access government schemes and other benefits.
“Insurance companies may be advised to consider and accept the Transgender Certificate issued by the appropriate authority for document verification purposes. The Ministry concerned should ensure the timely release of the funds allocated to Garima Greh [shelter scheme],”the NHRC said.
It also advised for the setting up of a Transgender Welfare Board under Section 10(1) of the Transgender Persons (Protection of Rights) Rules, 2020 and also the establishment of a Transgender Protection Cell under the Director General of Police or his/ her nominee in the State to monitor cases of offences against transpersons.
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