Issues Faced by Transgender Persons in Odisha

Post Date: Wednesday, May 25, 2016

Odisha has a very visible transgender community. It is estimated that there are up to 25,000 transgender persons living in Odisha, although in absence of a formal estimation this number is only an approximation. HRLN has maintained a dialogue with members of the transgender community in Odisha for several years and is aware of the high level of discrimination and ostracism they face.

Transgender community members from Bhubaneswar visited HRLN in Delhi in March 2015. They expressed their desire to file a petition due to failure of Odisha state government in implementing the Supreme Court’s judgment in National Legal Services Authority (NALSA) v. Union of India and Others.  They also requested Information on Education Communication resource materials.  In its judgement in NALSA on 15 April 2014, the Supreme Court gave legal recognition to persons identifying as transgender – or third gender. It held that transgender persons are afforded the same Constitutional protections as any other Indian citizen. Furthermore, it made a number of directions to the Central and State governments, instructing them to ensure that necessary services and reservations are made for transgender persons. The purpose of the fact-finding mission therefore, was to determine whether the judgment has been properly implemented in Odisha.

The fact-finding team consisted of an advocate at the HRLN office based in Cuttack, Odisha, and three social activists from HRLN New Delhi.. The team successfully met with different members of the transgender community and gained an insight into the situation of transgender persons living in Odisha. Ultimately, the team learned that the government of Odisha has made minimal effort to implement the NALSA judgment.