TN LGBTIQA+ policy stalled over call for separate scheme for trans, intersex persons

In February 2025, Justice N Anand Venkatesh of the Madras High Court urged the Tamil Nadu government to decide between the two — a combined policy for Sexual and Gender Minorities ('SGM', referring to LGBTIQA+ persons), or a separate one for transgender and intersex (T&I) persons in the state.

The policy is meant to ensure that all LGBTIQA+ persons receive sensitised and affirmative healthcare, a toll-free number for assistance, and necessary legal support. Also recommended are specific housing, education and livelihood benefits for T&I persons in Tamil Nadu.

A vital policy

Such a policy is crucial — maybe it's the first in India and long overdue, considering the relentless systemic and societal violence and discrimination that LGBTIQA+ persons experience. They get a raw deal despite favourable national and state laws and judgments, apart from increasing awareness about the community’s realities and needs.

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While the Tamil Nadu government will take the final call, seeking the views and insights of diverse LGBTIQA+ persons is vital, whether or not they were part of the Tamil Nadu Social Welfare and Women Empowerment Department's (SWD) SGM policy drafting committee of 2023.

This committee represented diverse LGBTIQA+ and intersecting socio-cultural identities, a vital feature as many LGBTIQA+ persons face some similar challenges amidst heterogeneity.

Diverse inputs

The policy drafting committee organised online consultations (notified via social media) in 2023 with LGBTIQA+ community members to get their inputs for the policy. (This writer participated in two of those online consultations and provided inputs regarding intersex and asexual persons’ issues and needs).

“After collating all the inputs, we submitted the first draft of the proposed Tamil Nadu LGBTIQA+ (SGM) policy to the SWD in 2023, which was to have been shared with the Madras High Court,” L Ramakrishnan, a drafting committee member and vice president, SAATHII, told The Federal.

A subsequent version, dated March 2024, was submitted after incorporating further feedback from on-the-ground consultations.

Widespread consultations

During a hearing on the SGM policy and relevant matters in January 2024, the Madras High Court recommended that the SWD hold physical consultations with LGBTIQA+ persons in Tamil Nadu as some Thirunangai (trans women) community members were dissatisfied with the then draft Tamil Nadu SGM policy. The high court also suggested translating the draft policy into Tamil for better understanding and wider reach.

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The SWD then organised four district-level consultations across Tamil Nadu, where the Thirunangai community members opposed the combined LGBTIQA+ policy. Incidentally, policy recommendations for T&I persons were displayed at all district-level consultations.

At the Chennai consultation, the state-appointed policy drafting committee members were present but they were apparently prevented from fully explaining their reasons for a unified policy. However, the drafting committee updated the policy with feedback obtained through these physical consultations and submitted the final draft to the SWD in March-April 2024.

Combined or separate policy?

The Thirunangais continued to be wary of a combined policy. “Objections to the combined policy arose from unfounded fears about welfare benefits and reservations for T&I persons getting diluted. All provisions relating to reservations, land and housing in the draft combined policy, in fact, were only for T&I persons,” said Ramakrishnan.

Only protections against discrimination and violence and sensitisation sessions for stakeholders were proposed to cover all SGM issues.

"Some trans women allege that a combined policy will allow cisgender persons to pretend to be non-binary and claim transgender persons’ benefits. But risks of misusing any provision exist, whether the policy is unified or separate," Ramakrishnan added.

"The unified policy seeks no special benefits for cisgender LGBQA persons. Additionally, demanding two separate policies ignores the reality that diverse sexualities exist among trans persons too — not only cisgender persons.”

Rumours about policy

A trans person from Tamil Nadu who wished to remain anonymous, fearing backlash from proponents of an exclusive policy for T&I persons, remarked that rumours were spread about the combined LGBTIQA+ policy.

It was feared that an SGM/LGBTQIA+ Commission would replace the Tamil Nadu Trans Persons Welfare Board (set up legally a few years ago), this person told The Federal.

This was apparently misinterpreted as an attempt to reduce the social standing of Thirunangais and adversely impact the livelihoods of trans women in sex work.

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Concern about delay

Busaina Ahmed Shah, a queer rights activist and Tamil Nadu SGM policy drafting committee member who provided input on the needs of assigned female at birth (AFAB) queer women, told The Federal: “I was invited to join the committee to ensure diversity and intersectionality of faith, gender and sexuality. I have experience in LGBTIQA+ community peer support, counselling and activism through my association with Orinam and Queerbatore.

“I am concerned about the delay in the policy being finalised, be it dual or single. If either policy was adopted, at least some LGBTIQA+ persons would have already benefited. The approval is being delayed as consensus is lacking and probably because some information is unavailable or insufficient, thereby prolonging its review. However, as policy drafting committee members, we do lack information regarding the delay in its approval.”

Orinam and Queerbatore are Chennai- and Coimbatore-based collectives of and for intersectional LGBTIQA+ persons.

Comprehensive policy

Busaina Shah believes a combined and comprehensive umbrella policy is pragmatic. For instance, when a homosexual or asexual trans person needs legal recourse, she wonders which policy will be referenced.

A combined policy will include the intersectionality of gender, sexuality and sexual orientation and be easier to administer.

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Multiple policies can dilute government accountability, complicate implementation and delay justice. Essentially, the objective of this policy is to cover all SGMs' needs and issues.

As gender and sexual identities continue evolving, a single policy will eliminate confusion about which policy will address whose needs and issues, Busaina Shah told The Federal.

Constant struggle

“Given the lack of knowledge and understanding about AFAB trans persons and their sexuality, a separate trans policy will not address the needs of trans persons of diverse sexual orientations. We trans men are struggling in almost all Tamil Nadu districts to avail benefits because government officials aren’t sensitised about us,” Jawahar (name changed), a transmasculine person, told The Federal.

“So, whatever the final draft — unified or separate — I just hope it is thoroughly discussed with the community before being implemented,” said Deepthi, a queer feminist and LGBTIQA+ peer supporter who has been assisting the community in varied ways, across multiple Indian states including Tamil Nadu.