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Hindustan Times
2 days ago
- Politics
- Hindustan Times
Tamil Nadu's trans policy: Aspirational yet incomplete
The government of Tamil Nadu has released its State Policy for Transgender Persons, reaffirming its historical leadership in recognising gender-diverse lives. The policy is both expansive and aspirational, aiming to institutionalise dignity, non-discrimination, and socio-economic inclusion for transgender and intersex persons across the state. Unlike the narrower contours of the central legislation, Transgender Persons (Protection of Rights) Act, 2019, the Tamil Nadu policy charts a more intersectional and rights-affirming vision. Despite its progressive aspirations, the Tamil Nadu State Policy raises significant concerns, particularly on inclusivity in language, the design of reservations, and the narrow scope of its mandate. (HT Photo) At its core, the policy upholds the right to self-identification and mandates all state agencies to respect a person's self-declared gender identity without requiring surgical or medical intervention. It affirms that transgender and intersex persons are entitled to equality before the law and protection from discrimination in all spheres of life. The policy spans a wide range of domains: education, employment, housing, health, legal recognition, protection from violence, and political participation. In education, it mandates anti-discrimination measures, the appointment of grievance redressal officers, and inclusion of gender diversity in curricula. Employment provisions require both public and private workplaces to ensure non-discriminatory hiring, sensitisation programmes, equal career progression, and redress mechanisms. The policy also encourages private employers to extend CSR support for the community. In health care, the policy promises to expand coverage under state insurance schemes to include gender-affirming procedures, train health care workers in trans-competent care, and provide accessible mental health services. It also outlines commitments to legal aid, inclusive housing, shelter homes, and electoral participation. The Transgender Welfare Board is tasked with implementing many of these programmes, including skill development, recruitment drives, and sensitisation efforts. Finally, the policy affirms an intersectional approach, acknowledging that caste, religion, class, and disability may compound the marginalisation faced by trans and intersex persons. The policy also has a section on implementation and monitoring, which requires periodic review of the policy and establishes an oversight mechanism at the executive level. Despite its progressive aspirations, the Tamil Nadu State Policy raises significant concerns — particularly on inclusivity in language, the design of reservations, and the narrow scope of its mandate. First, the Tamil version of the policy uses the word thirunangai: a term that traditionally refers to trans women. The more inclusive and gender-neutral term thirunar is widely used by the community to include trans men and non-binary persons. The persistence of thirunangai in official parlance has significant consequences: trans men in Tamil Nadu have often been turned away from benefits and services under previous schemes because the policies were worded in a way that excluded them. This policy risks reproducing that pattern. The use of exclusionary terminology could undermine its stated commitment to recognising diverse gender identities. Second, the policy makes an important step by recognising transgender and intersex persons as 'socially and educationally most disadvantaged', thus aligning with the Supreme Court's directive in NALSA v. Union of India to extend reservations, something the Transgender Persons Act, 2019 failed to do. Currently, transgender persons in Tamil Nadu are classified under the Most Backward Classes (MBC) category under the state's reservation law. While this offers formal inclusion, it flattens caste and gendered experiences into a single vertical category, ignoring intersectionality. Grace Banu's petition before the Madras High Court seeks horizontal reservations for trans and intersex persons, similar to those for women and persons with disabilities, allowing them to claim benefits across caste lines. Judicial decisions in Nangai v. Superintendent of Police and T. Thanasu v. Secretary, Government of Tamil Nadu have already recognised the right of transgender women to apply under the 'woman' category. Yet, the policy does not reflect this jurisprudence or explicitly commit to horizontal reservations. The reservation framework is expected to be announced in the Assembly, and its design will determine whether inclusion is meaningful or whether it misses these nuances. Third, the policy falls short of the expectations set by the judiciary itself. In Sushma v. Commissioner of Police, the Madras High Court had explicitly directed the State to formulate a comprehensive policy for the LGBTQIA+ community. The Court envisioned a broad-based framework that would address issues of sexual orientation, gender identity, and intersex status. The present policy, however, limits itself to transgender and intersex persons, leaving out lesbian, gay, bisexual, and queer individuals altogether. This narrow framing is a missed opportunity to institutionalise protections for the broader queer community and reinforces the fragmentation of LGBTQIA+ advocacy into piecemeal categories. In sum, while the Tamil Nadu State Policy for Transgender Persons makes meaningful strides in codifying state responsibilities toward transgender and intersex persons, it remains incomplete. If Tamil Nadu is to maintain its reputation as a pioneer in gender justice, the policy must undergo further revision — adopting inclusive language, committing to horizontal reservations, and expanding its scope to address the full spectrum of queer experiences. Anything short of this would not be able to ensure true equality, justice, and social inclusion. Jwalika Balaji is research fellow (research director's office), Vidhi Centre for Legal Policy. The views expressed are personal.
Arab News
27-04-2025
- Politics
- Arab News
South Sudan opposition MP accuses government of ‘mapping genocide'
JUBA: A South Sudan opposition lawmaker on Sunday accused President Salva Kiir's government of preparing a 'genocide' of his rival Riek Machar's Nuer community by classifying their homelands as 'hostile.' Months of clashes between Kiir's forces and those loyal to the first vice president Machar, who was arrested in March, have stoked fears of a return to civil war in the world's newest country. Kiir's allies have accused Machar's forces of threatening that deal by fomenting unrest in Nasir County, Upper Nile State, in league with the so-called White Army, a loose band of ethnic Nuer armed youths in the region. 'The Nuer ethnic group, one of the largest in South Sudan, played a significant role in the liberation struggle,' read a government statement. 'The community spans 16 counties... out of these, nine are considered hostile,' meaning aligned with Machar's party, the statement added. Nasir County was among those considered hostile. That designation was 'reckless and malicious,' said Reath Muoch Tang, a deputy and top official in Machar's party who is Nuer himself. 'This dangerous labelling... this sinister plan constitute(s) nothing short of a mapping for genocide against the Nuer community,' Tang said in a statement published on Facebook. 'It is a deliberate and calculated attempt to justify collective punishment, instigate violence, and destroy an entire society under the false cover of security measures.' In a statement, Oyet Nathaniel Pierino, acting chairman of Machar's party, cited a 2014 African Union report that found that 'male Nuers were targeted, identified, killed on the spot or gathered in one place and killed' at roadblocks, checkpoints and house-to-house-searches. 'We warn and strongly condemn (this) perpetuation of State Policy and of ethnic and tribal profiling, targeting and cleansing,' said Pierino. He said the party was taking steps toward filing charges of crimes against humanity and genocide, among others, at the International Criminal Court (ICC). Clashes around Nasir contributed to the unraveling of Kiir and Machar's fragile 2018 power-sharing agreement, which had put an end to a civil war that killed around 400,000 people. Some 6,000 White Army fighters are estimated to have stormed a military camp in Nasir in early March, with a top-ranking general among the victims. The government said the attack killed 400 members of the armed forces, and has said it has since retaken the city, as well as Ulang, nearly a week ago, with the support of Ugandan forces. Since March the violence has led to the deaths of at least 200 people across several South Sudan states and displaced around 125,000 more, according to the United Nations. South Sudan has been plagued by instability since gaining independence from Sudan in 2011. Between 2013 and 2018, the fighting pitted the supporters of Machar against those of Kiir, who is from the Dinka ethnic group. The Dinka and Nuer communities are the two largest groups in ethnically diverse South Sudan. The president has moved to sideline Machar, who was placed under house arrest. On Saturday, the South Sudanese government also discussed a 'plan of action' to restore the peace agreement. It suggested that it could choose which of the divided opposition factions is legitimate, potentially paving the way for Machar's ousting, according to South Sudanese media. Pierino, Machar's ally, warned that 'any attempt to change the structure' of the transitional government, 'or replace the appointments therein... shall be rejected and resisted by all means at our disposal.'
