‘Kept in dark about Bill, minister skipped meeting’: Why India’s top transgender advisors resigned in protest

The NCTP was constituted by the Centre in August 2020 to “advise the central government on the formulation of policies, programmes, legislation and projects with respect to transgender persons”. Yet, on arguably the most crucial legislation affecting trans rights, its members say they were kept out of the loop.

Subramaniam and Neog resigned from their position in the council on March 25.

The Bill was passed in the Lok Sabha on March 24 and in the Rajya Sabha the next day amid protests from the Opposition, even as Minister for Parliamentary Affairs Kiren Rijiju said extensive discussions had already taken place for a year as part of the proceedings of a standing committee.

At the meeting scheduled for March 21 at Dr Ambedkar International Centre in New Delhi, four transgender persons, including Subramaniam, managed to reach. “The meeting was called at such short notice that other members were not able to get flights to meet the minister,” Subramaniam said.

The four members who were able to make it to Delhi — Subramaniam, Raveena Bareeha, Vidya Rajput and Abhina Aher — waited about two hours when they were told that the minister would not be coming in. “We were told that the minister is unwell and will not be able to meet us,” Subramaniam said.

A Senior Economic Adviser heard out the opposition to the Bill from the four members. “She was dismissive of almost all the suggestions that the council members made,” Subramaniam claimed.

“We had asked for self-identification to be retained when it came to deciding gender identity. We were not in favour of the medical board and the stress on the body to determine whether the person is trans or not,” Neog said.

“Even without our suggestions, the Bill will pass — that was the crux of what we were told,” Subramaniam said.

After the unfruitful meeting, the transwomen tried to meet the minister in person at his residence for “five minutes”. “We were at the gate of this residence, but were not allowed inside. They said that the minister was unwell and resting,” Subramaniam claimed.

The ministry did not respond to queries on the matter.

On March 23, Monday, Subramaniam reached out to the minister’s personal assistant. “I sent pointers detailing my objections to the Bill. The PA said it will be passed on to the minister,” Subramaniam said.

Replying to the debate on the Bill in the Lok Sabha, Virendra Kumar said on March 24, “Provisions have been brought to ensure security for those individuals who, due to their biological condition, face severe social ostracisation for no fault of their own… along with giving legal rights, this law also provides respect and dignity.”

The NCTP has the Union Minister of Social Justice & Empowerment as the Chairperson (ex officio), and the Union Minister of State for Social Justice & Empowerment as the Vice-Chairperson (ex officio). Among its mandates is to “monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons and to review and coordinate the activities of all the departments of government and other governmental and Non-Governmental Organisations which are dealing with matters relating to transgender persons”.