On January 3, 2025 — birth anniversary of Savitribai Phule — I placed the following open representation to the Chief Minister of Karnataka, Siddaramaiah. The representation seeks intervention by the State to protect my rights as a transgender person (specifically my right to education) as well as to secure substantive rights of transgender persons in the State of Karnataka.
It was shared simultaneously with the Commissioner of Social Welfare, Principal Secretary of Higher Education, Advocate General of Karnataka, the Vice Chancellor of NLSIU, and members of the transgender community and public whose contact details I am in possession of.
Having received no acknowledgement or communication from any parties, I am placing a copy of my representation here in full, as part of my efforts to record the on-going struggles to secure transgender rights. It is my belief that a majority of trans persons will find that the spirit of recommendations are universally applicable to trans struggles in all states.
Further, in light of potential copyright violations I have faced, this is also a form of protecting my words from being misinterpreted, from media outlets picking/choosing/sensationalizing the content, or efforts being misused, misinterpreted or exploited in any way or form.
(TRUE COPY OF LETTER)
URGENT: RIGHT TO LIFE, DIGNITY AND EQUALITY OF TRANSGENDER PERSONS
To Date: 03.01.2025
The Chief Minister, Bengaluru
Room No. 323A, 3rd Floor,
Vidhana Soudha
Dr BR Ambedkar Veedhi
Bengaluru – 560001
Sub: Open representation regarding transgender rights pursuant to Karnataka High Court judgment in WP 14909/2023 (EDN-RES).
Sir,
I am Mugil, a transgender person living in Karnataka. I am writing to you in light of the Karnataka High Court’s judgment dated 16.12.2024 in WP 14909/2023 (EDN-RES), where I was the petitioner. Through this open representation I seek your urgent attention on the matters described as under.
A. Brief Facts
The petition was filed against NLSIU, Bengaluru, established under the National Law School of India Act, 1986 (Karnataka Act No.22 of 1986), in light of the wrongful denial of admission in 2023 without publishing rank lists, after I had appeared for and cleared the NLSAT-LLB-2023 for the 3-Year-LLB programme. Though provisionally admitted through the interim order (dated 22.08.2023), the University placed the condition of full payment of fee as a condition of admission while denying substantial financial aid and simultaneously challenging my admission. In the final order (dated 16.12.2024) the Hon’ble High Court has been satisfied that the objections raised by both NLSIU and the State are untenable, and that the admissions and financial aid policy are discriminatory. As such the University has been directed, among other things, to implement 0.5% interim reservations with fee waiver for transgender persons, and to admit me against said reservations in the current year. The University is also directed to apply to Centre/State for grants towards the fee waiver. The directions also ask the Karnataka State to take necessary measures to implement reservations and fee waivers for transgender persons. I am attaching the operative portion of the final judgment here (Annexure C).
Both the interim order and the final order were issued towards protecting my constitutional rights as a transgender person. This was made possible due to pro-bono legal representation and then my own representations appearing as party-in-person, supported by well-wishers who helped me survive during the period of the case. Upon receiving each order, I attempted to contact the University to understand how the directions are going to be implemented so that my stalled education can be completed without any further loss of time. However, despite the passage of over two weeks since the order, I have received no response, no clarity and absolutely no desire on the part of the University to realize their constitutional obligations towards me. In the absence of clear communication, I can only stand in apprehension that the University is preferring to utilize resources to exercise their legal right of appeal at the cost of my invaluable constitutional rights. While in the language of a court case we may well be ‘adversaries’, it is my understanding that in a healthy society an educational institution must approach a student-aspirant (especially one from a marginalized community) as a valuable stakeholder. However, if the stance of a State educational institution is to prefer an adversarial approach despite being made aware of all my vulnerabilities and their constitutional obligations, it will indeed be beyond comprehension and reason. I am attaching here the record of unheeded communications since the final order (Annexure B).
B. Urgent appeal and offer
Sir, I have already been robbed of considerable time. Having performed my task as petitioner, which shouldn’t have happened in the first place, I now seek your urgent intervention to secure my rights and relieve me from further legal processes that will not only debilitate me as an individual, but also frustrate all the efforts and support lent to me by well-wishers in the clear absence of any form of state support.
I also request you to proactively issue the grant towards fee waiver so that once admitted into the programme, I am not harassed by the administration or more powerful students for non-payment of fee or non-release of grants. I seek these interventions to protect my right to life and dignity, which has received no regard from the University or the State – as evidenced by the facts of the case, and acts of omission and commission by all the respondents.
Sir, I am keenly aware that I am writing this at a time when you have secured what is being hailed as a public win in terms of the land-for-seats deal between your government and the University. This is not the place for me to comment and you are far better aware of constitutional interpretations on discriminations by place of birth and identity, versus place of residence and so on. But I will ask Sir, when will the landless communities, such as the transgender persons, who are born or desirous of residing here with dignity receive unconditional State protections?
Even though you may not utter it as such, in the deeply divided society that we live in, I am aware that my being a transgender person and not holding “domicile” of the State will be considered a significant political hurdle for you to provide this fee waiver grant for me. It will be easily overlooked the fact of flagrant discrimination and abuse I have already faced in this State and others. Sir, I ask you: how can I, a transgender person, gain domicile in any State if every State discriminates against and debilitates transgender persons instead of providing substantive protections?
My need for the State’s protection and intervention is great. And I am deeply aware of the exorbitant nature of the fee sought, as well as the need for just use of resources. I don’t have land to offer, therefore, I put forth the following offer:
In return for the court-directed fee waiver and an end to mindless legal and other bureaucratic challenges, I would be happy to utilize my professional law degree – upon completion – in the service of the people of Karnataka, preferably in the State Legal Aid Services, on fair and transparent work conditions. I trust that you and the people of Karnataka will not see my law degree as lesser than your own law degree or any others’.
I urge you to kindly accept my appeal and offer and direct all the relevant authorities, particularly NLSIU, to relieve me from any further obstacles in completing my education. Sir, I request you to recall the efforts of the teachers from your school who helped you complete your education. If we are to find such teachers/mentors, if any with such spirit are left, we have to first enter the institutions.
C. Substantive rights for transgender persons
I don’t believe marginalized persons living in a constitutional democracy must engage in such barter with State over their fundamental rights. But the fact that I must do so for my own protection is a reflection of the true status of every political party’s and state apparatus’ actual commitment to upholding our Constitution.
Sir, in your profile page on the CM’s site, you have written about your struggles with education before 1980s. I empathise and congratulate you on your rise to the position of power you now occupy. But I must also point out Sir, living in 2024 in the city of Bengaluru, I (and any similarly situated transgender person) cannot access education with safety or self-respect. We are caught between the streets and the courts – a situation that the completely unrealized Karnataka State Transgender Policy, 2017 was supposed to safeguard against.
As a keen observer of the historic debates on the 75 years of Indian Constitution in the Parliament, Sir, I regret to inform you that not a single representative expressed support or demand for rights of transgender persons. For example, even though transgender persons in Maharashtra also sat on hunger strike, the people’s representative from your national ally, NCP(SP), listed all the communities in Maharashtra demanding reservations to the complete exclusion of transgender demands. Why is that, Sir?
Is it the understanding across all party lines that transgender persons can go from street to court and back endlessly to get our most basic rights? That we may be frustrated around one demand so that we will be left with no abilities to secure the full gamut of rights and substantive equality?
Your own party’s 2023 manifesto has only half-hearted promises for the transgender people of the State. Meanwhile, the law officers of your government are mindlessly challenging and objecting all legitimate claims that we are placing before the courts. If my high school civics lessons were right, Sir, law officers of the State are supposed to act in a manner as to secure the constitutional promises to all. I use the word mindlessly with a lot of care: because application of the mind, lies at the heart of securing fundamental rights. Even though 1% horizontal reservations exist in employment in Karnataka there is no data on the proper implementation and fulfilment of these seats. And this reservation exists without comparable 1% horizontal reservation at all levels of education. On the one hand you accept the role of education in your rise to power, but deny us full and free access to the same rights. Why, Sir?
Despite the near-complete ignorance and neglect from the State, not only have there been luminaries of the transgender movement in Karnataka who have come from different parts of the country, they have also devoted their life here to the uplift of all people in the State. It is because of such persons that I have self-respect and faith in upholding constitutional morality. If any well-wishers for transgender community exist in the State, it is due to their efforts. But the State has failed by not translating their efforts into substantive constitutional protections. As such a majority of transgender persons, including myself, are forever in a state of peril, while the State fails to recognize our rights and denies us our right to representation.
With a view to safeguard transgender persons from repeatedly languishing in courts, I wish to put forward a list of our denied rights and specific recommendations on how to secure them (Annexure A). Upon reading them I am certain that you will recognize how great our needs are and how little the State has done for securing our rights. And that you will now take up the necessary, time-bound consultative and representative processes involving all members of the transgender community. I trust that you will recognize the need to expend the necessary time and resources for this. And during this time, at the very least kindly direct all offices to act in such a manner as to secure our collective rights. Rather than merely attempting to use achievements of individual transgender persons from time to time to portray a progressive image, while simultaneously challenging our claims in courts and other institutions.
Sir, the ground floor of NLSIU, has a wall that has been muraled with the art of Aravani Art Project – made up of transgender persons – that reads “Equality and Pride”. I hope you will recognize the irony. How long will transgender people be used to add colour to walls, libraries, lives and ever-changing political flags of people while being denied our collective fundamental rights, Sir?
As a representative of the people, who draws your right to represent all the people from the Constitution, I trust you will not act contrary to the twin sources of your power – the people and the Constitution. And most definitely not on a flimsy ground that others who hold the same powers have done or continue to do so.
Best Regards,
Mugil Anbu Vasantha
Transgender Petitioner (WP 14909/2023 EDN-RES)
Law Aspirant
Cc: 1. Vice Chancellor, NLSIU
2. Commissioner, Social Welfare Department
3. Principal Secretary, Higher Education Department
4. Advocate General for Karnataka
5. Concerned Members of the Community & Public
(TRUE COPY OF RECOMMENDATIONS SUBMITTED)
Annexure A: Preliminary recommendations on transgender rights
This is a list of recommendations pertaining to securing fundamental rights for transgender persons in the State of Karnataka, submitted by the undersigned to the Chief Minister of Karnataka. This submission is being made in light of the fact that the Karnataka State Transgender Policy 2017 has remained entirely unrealized. As reflected in the outcome of the undersigned’s petition in Karnataka High Court WP 14909/2023 (EDN-RES) decided on 16.12.2024 as well as multiple other petitions by transgender persons in the State. The submissions herein point to specific actions that are urgent and necessary. Apart from the CM and other authorities copied, this brief along with the letter is being placed in public domain for the information of and wider input from transgender community.
- Right to representation:
- Conduct of a thorough consultation with members of the transgender community, ensuring majority representation of SC, ST, OBC, religious minority transgender women, trans men, non-binary and intersex persons from various walks of life to update the policies for transgender persons, and the creation of policies for intersex persons. Place the complete record, including remuneration to representatives, of such consultations in public domain.
- That state apparatus is adverse towards transgender persons. And that the 2017 policy has failed in securing proper representation by reducing transgender issues to a cell in the WCD department, without adequate funds or independent transgender representatives. Hence: Establishment of an Independent Transgender Welfare Board (affiliated to Social Welfare Department) with transparent and adequate representation of SC, ST, OBC, religious minority transwomen, transmen and other transgender persons from all walks of life, and bearing clear bye-laws, rules of conduct, remuneration and service period. Provision of adequate funds and powers, including quasi-judicial powers (as in the State of Assam), to the board that they may work for the uplift of the community ensuring proper right to representation, implementation of policies and grievance redressal.
- Right to identity:
- That transgender persons in Karnataka have thus far been denied their constitutional right to self-identity and thus access to services and constitutional guarantees. Therefore, establish process for securing transgender ID card in a free and fair manner taking into account the primacy for self-identification over medical identification. It is illogical to say transgender persons are “very few” in the State while simultaneously obstructing their right to self-identity.
- Set up single-window or separate counters at all government seva kendras, such as Bangalore One centres, specifically for transgender persons (preferably employing transgender persons to run the counters) – providing fully free services including change or updation of ID documents, government-affiliated educational documents and such other documents as relevant.
- In light of Karnataka High Court order in WP 12606/2023 (EDN-RES) pronounced on 05.01.2024, issue directions to all public and private educational establishments in the State to process all document change applications, free of cost and without delays.
- Recognize that not all transgender persons may be able to access their schools and colleges to process document changes. Therefore, issue directions to all Universities and educational institutions to register transgender persons in their chosen name and identity as it stands in relevant ID documents at the time of application/admission. Ensure privacy of all such information within the educational institution.
- For application, counselling and admission procedures that occur only through the online mode, all steps are to be reviewed by the transgender welfare board for potentially excluding transgender applicants.
- That many transgender persons may be divested of their caste certificates by reason of early disownment or violence from natal family. Hence, issue directions to all Tahsildars and associated authorities to work with TG welfare board and assist those transgender persons in need of their caste certificates to secure it safely.
- Right to equality:
- Urgent notification and transparent implementation of horizontal reservation in all levels of education, including technical and professional education and employment; including ‘transgender’, ‘trans woman’, ‘trans man’ and ‘non-binary’ among the listed beneficiaries.
- Urgent and transparent implementation of already notified 1% horizontal reservation in public employment as above.
- Reservation of a proportionate quantum of seats in hostels and government employment quarters, until such time as gender neutral blocks are constructed, that can be accessed as per the need and choice of transgender applicants, with allotment priority for SC/ST/OBC, minorities and abandoned/disowned/homeless transgender applicants.
- Directions and subsidies to all government, aided and private establishments to implement all such reservations.
- Right to affirmative relaxations:
- Age relaxations: Wherever age limits exist they be relaxed up to 45 years if not more for transgender applicants, given the much delayed start to our lives, that our identity was recognized only in 2014, access to all rights are tied up in courts and systemic obstacles.
- Eligibility criteria: Horizontal reservation implies that reservations are weighted against the communal categories. As such special relaxations in eligibility criteria to be provided in proportional weightage. For e.g.: If cisgender SC/ST eligibility criteria in qualifying exams is fixed at 45%, for SC/ST transgender persons such criteria to be further reduced by 5%. Proportionate relaxations in eligibility criteria for OBC and general category transgender candidates.
- Free education in government establishments: That transgender persons have been forced to drop out of all levels of education in the absence of protections. As such, all transgender persons be provided free education in government and aided establishments until substantive representation has been achieved. Special provisions and directions for inclusion of transgender persons in adult literacy and distance education programmes.
- Substantive scholarships for professional and higher education: Establish a separate, thorough scholarship scheme, operated jointly by Ministry of Welfare and Transgender Welfare Board, with horizontal weightage and priority accorded to SC, ST and OBC transgender persons, with additional weightage for disabilities and conditions of sole breadwinner, familial disownment and homelessness. Till such time as a scholarship scheme is established, all applicants be provided with fee waiver in light of continuing State inaction.
- Transgender welfare officer at admissions office: To secure the privacy and safety of transgender applicants, ensure that a transgender welfare officer is present at counselling or admissions centre to assist the admissions officers and transgender applicants in securing admission in a safe and respectful manner.
- Right to mobility:
- Recognize that transgender persons have been completely denied the fundamental right to safe and free movement and full access to government transport services. Despite schemes such as Shakti scheme, there has been no effort to realize transgender rights under such schemes.
- Along the lines of disability concession pass, issuance of separate free travel pass for all gender minorities with long duration of validity as well as multi-modal validity that allows transgender persons to safely access bus, train and metro services using a single pass.
- Such passes may be of a different format, but must mask the gender identity of the pass-holder to prevent violence or abuse from ticket checkers or co-passengers. And so as not to force the pass-holder to present in specific clothing/appearance in order to access such rights.
- Issue directions to government & private digital platforms, such as Seva Sindhu and Tummoc, to process such free passes in the same format and subsidize the same.
- Envisage the reservation of seats / coupes / special transport services for transgender persons.
- Envisage a scheme for travel allowance and fuel subsidies for self-employed transgender persons.
- Right to shelter and food:
- Urgent allotment and building of shelters and short-stay homes for transgender persons run entirely by transgender persons including transmen and transwomen to protect from sexual abuse and exploitation by cisgender persons.
- That all such shelters run essential medical services, including provision of hormones and sexual and reproductive health care protocols.
- Urgent disbursal of ration cards for transgender persons living in vulnerable community arrangements. Inclusion of transmen and minor transgender persons in such ration cards, where applicable.
- Right to public facilities:
- Urgent construction of gender neutral/unisex toilets and washrooms for transgender persons in all government establishments including bus and train stations.
- Directions to all private constructions of a public nature (such as restaurants, malls, shopping complexes, housing etc) to include toilets and especially gender neutral/unisex toilets in their construction plans.
- It has become an unfortunate precedent of adding “transgender” above a single toilet facility allotted to physically disabled persons, making it impossible for transgender persons to access such services except when they are visibly transgender or disabled. Such practice be shunned as discriminatory towards both transgender and disabled persons.
- Right to health and social security:
- Establish substantial healthcare and pension scheme for unemployed, elder and disabled transgender persons. Release data on utilization of The Mythri Pension Scheme (G.O. RD95DSP of 01.08.2013) for transgender persons if at all currently in operation.
- Inclusion of all transgender persons in unemployment benefit schemes such as Yuva Nidhi schemes.
- Specific healthcare subsidies: List all hormones and provide subsidized access to hormones through all pharmacies; free/subsidized surgeries in all hospitals with protections and compensations against experimental procedures by doctors; establishment of separate health clinics ensuring the privacy of transgender persons and access to general medical care.
- For compassionate appointments, continuation of family pensions to kin and other family-based social security schemes, make necessary amendments and issue necessary directions to include and prioritize the consideration of transgender children/offsprings.
- Rights of transgender minors:
- It is established in law that consent of parent cannot be construed as consent of the child. As such, where conflicts pertaining to rights of transgender minors are brought to light, establish a due process that the concerned child be referred to the transgender welfare board. Such that that their concerns be heard and their rights, including physical and mental safety and privacy be safeguarded.
- Where transgender or gender non-conforming minors are recorded as being in conflict with the law or living in child shelters/homes, due process be established that the authorities intimate the transgender welfare board and no decision on the housing of such minors be taken without thorough study of their safety and choice.
- Envisage the establishment of adjoining wings for transgender minors in transgender shelters that they may receive necessary state protection along with the care and guidance of the adults of their community without being forced towards life of indignity and exploitation.
- In light of Madras High Court ban on forced SRS on intersex infants and children (in Arunkumar & Sreeja v The Inspector General of Registration, 2019), take appropriate measures to institute such a ban in Karnataka and ensure further consultations with intersex community on rights of intersex persons in Karnataka.
- Duties of State:
- Compulsory training and directions to all members of the State to treat demands of transgender persons with care and seek to first and foremost work with the transgender claimants, in consultation with transgender welfare board or representatives, before driving them to the courts.
- Establishment of separate transgender cell, involving transgender legal aid / social workers, at all public service establishments — especially police stations — for the protection of rights of transgender persons against abuse, violence and wrongful criminalization by police personnel.
- Inclusion of transgender representatives in all equal opportunity cells and PoSH committees to ensure a fair chance at grievance redressal.
- That it has become a regrettable practice that all transgender persons are being driven to courts. Courts have also taken note of this poor practice. Thus: Issue directions to all law officers of the State to carefully study all existing precedents on transgender rights, work with the welfare board and properly advise the State and relevant ministries so that transgender claimants receive their constitutional rights without delay, are not constantly subject to adversarial legal process from the State.
Submitted by:
Mugil Anbu Vasantha
(Transgender Petitioner in WP 14909/2023)
Law Aspirant
Date: 03.01.2025
Bengaluru
Cc: 1. Vice Chancellor, NLSIU
2. Commissioner, Social Welfare Department
3. Principal Secretary, Higher Education Department
4. Advocate General for Karnataka
5. Concerned Members of the Community & Public