On 6th January, 2021, a meeting was held with the representative of the district government in Chhotaudepur, Bhargavi Ninami and P.L Dindor, mamlatdar of Chhotaudepur. Ramesh Chaudhary, a school teacher from Ghelwad in Chhotaudepur was also present. Around 31 members of the community including female sex workers (FSW), men who have sex with men (MSM) and persons from the hijra community were present.

The representative started the meeting by listing the welfare schemes made available by the state of Gujarat for transgender persons. She listed 3 schemes:

1. A monthly pension scheme for transgender persons above the age of 40 and below the age of 60
2. Two levels of scholarships for transgender students – class 7th and upwards, and post matric
3. For parents with transgender children

She then proceeded to give an explanation of the Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020. She discussed with participants the entire process of filing an application for obtaining a certificate for identity which would state their gender as “transgender” and the further process of changing gender to “male” or “female”. After this initial discussion, many suggestions and questions were raised from the participants. The following are the concerns raised:

• The documents of the Act and the Rules are not available in Gujarati. The forms required for application for the certificate are also not available in Gujarati.
• The Act and Rules in the Hindi translation use the term “उभयलिंगी” (ubhaylingi) which is used to refer to people with intersex variations, and does not cover all transgender persons.
• Many pre-existing forms of the Gujarat government for the welfare of transgender persons use the outdated term “વ્યંઢળ” (vyandhala) to refer to transgender persons.
• Many districts do not have practicing psychiatrists, yet psychiatrists in the past have refused counseling on grounds of the applicant being from a different district than where the psychiatrist practices. They have also been refused saying that they must be accompanied by a parent or guardian despite the fact that they are adults.
• The Government Resolution (GR) from the State to the district level with regard to the Act and Rules has not yet been received.

The following were the questions raised by the participants:

Q. If a transgender person has changed their gender prior to this Act coming into force, what proof will they use for their identity as transgender to avail benefits under the Act?
A. Any medical certificate issued during the process of transition can be used as proof.

Q. Does medical intervention needed to change gender to a binary gender i.e. male or female mean a surgery or any intervention as defined in the Act for example, hormonal therapy and counseling?
A. Medical intervention can be any intervention done on a medical level and does not necessarily mean surgery only.

Q. Can transgender persons included in Self-Help Groups (SHGs) made initially for women?
A. Yes transgender persons can be formed into self help groups

.

Q. Will these SHGs be limited to rural areas?
A. No, the SHGs can be constituted in urban areas too.

Q. There are many transgender persons who applied for a name and gender change in the Gazette, and while their names have been changed in the Gazette, their gender hasn’t. Will they have to apply again?
A. Yes, for any change in name and gender now, fresh applications have to be made as given under this Act.

Q. Who will be the appellate authority in case application is rejected and the applicant wants to make an appeal?
A. The appellate authority will be decided by the government and will be a government official.

Q. Has a Transgender Protection Cell been constituted as given in the Rules?
A. The Transgender Protection Cell has not been created yet in Gujarat.

Q. If a transgender person migrates from their natal state, can they access the pension under the government scheme in the state they now reside?
A. Yes the transgender person can avail the pension in the state they are currently presiding.

Q. The Rules contain the provision for a state medical insurance to cover medical expenditure of transgender persons during their transition and for other health issues at private hospitals. Has any such insurance scheme been created yet?
A. No such medical insurance scheme is created yet.

Q. Has any government hospital been equipped to offer free gender affirming procedures including surgery, hormonal therapy, counseling etc. as given in the Rules?
A. No such provision has been made in Gujarat yet.

Ramesh Chaudhary, school teacher in Chhotaudepur, appealed to community members to register themselves in the electoral roll to exercise their right to vote. Information disseminated under this was the clarification about the different forms required to apply for a voter ID card, as well as to inform about the changes in name, gender, address, change of booth/ward, etc.

Form-6 has to be filled in order to apply for a voter ID card and to register oneself on the electoral roll. For deletion of name in electoral roll, of self or other, in case of death or shifting, Form-7 has to be filled. In case any corrections have to be made in the electoral roll with respect to name, age, photograph, name of relative, EPIC, type of relation, address, gender, or date of birth, Form-8 has to be filled. In case a transgender person wants to change their gender, they can attach the transgender identity certificate issued under this Act along with Form-8. In case an individual shifts home from one place to another, but within the same constituency, they are to fill Form-8A for change of address within same constituency.