Through the Cracks of the Gendered World: A Critical Analysis of Kerala’s Transgender Policy.

Abstract

Seventy years after Independence, it was only in 2019 that the Transgender Persons (Protection of Rights) Act was passed in India. Following this, many states formed Transgender Welfare Boards with a view to protecting the rights of the trans people, ending discrimination and violence against them, and empowering the community. It was the State of Kerala which was the first to formulate a Transgender Policy in 2015, paving way for its invisible community to come out. Nevertheless, this ad hoc policy framework was incapable of addressing the concerns of a group which is both homogeneous and diverse. This paper examines how far the state government has internalised the welfare measures recommended by the Apex Court in NALSA Judgement and the Transgender Persons Act, 2019 in its State Policy. The paper critically analyses whether the welfare measures adopted by the state and stated in its policy have been realised, if not, what are the factors affecting the accessibility of the schemes or their effective implementation. A qualitative descriptive study has been conducted to assess the impact of the policy upon the target population.