Rules on the Assam Policy for Transgenders

The State Government of Assam is formulating Rules to accompany the Assam Policy for Transgender. The Rules enumerate the powers and functions of the State Transgender Welfare Board and procedure regarding proof of identification.

IDENTIFICATION AND REGISTRATION

The Rules state that all Transgender persons are exempted from disclosures of any proof in regards to the identification of his/her/their self recognized gender. A self-declaratory affidavit of gender identity given by the applicant as male, female or transgender shall be sufficient for issuing a certificate of identity by the Transgender Support Unit (TSU).

POWERS OF THE TRANSGENDER WELFARE BOARD 

The rules envisage the Welfare Board to possess supervisory as well as quasi-judicial powers. In the former category, the Board can direct and order any individuals, persons or appropriate authority, including the government (in appropriate cases), prescribe forms in which books, entries and accounts be kept by the officers of the District Committee on Transgender, inspect any records of procedures in any Government offices, to inspect any proposal of any NGO’s or CBO’s (Community Based Organization), and any such other administrative powers.

Under the quasi-judicial powers, the Board has the power to conduct an enquiry, field visit, investigation, taking action against any individuals, persons or appropriate authority, including the government (in appropriate cases), arrest, and taking suo moto complaints against any individuals, persons or appropriate authority, including the government (in appropriate cases) irrespective of its powers, status or designation consigned or conferred upon him.

EDUCATION, EMPLOYMENT, LIVELIHOOD AND SUSTENANCE

The policy recognises the lack of trans friendly environments in schools, colleges, universities, workplace and public places. It envisages implementing the same by reviewing education and employment policies. Moreover, it also looks into affirmative action through reservations in both education as well as employment. Additionally, the Board will promote awareness campaigns and sensitisation programmes to ensure that the rights of transgender persons are protected; provide free vocational training courses, Ration Card/BPL Card to the Transgender Community, monthly pensions to the illiterate, destitute, surviving on alms or elderly members of the community and support for small businesses. Assessing and evaluation would be an important part of the implementation of the Policy.

READ THE FULL DRAFT RULES HERE.