The TransGender Act 2019 simplified.

Guidelines for Transmen.

There has been a lot of discussion about the new Transgender Persons (Protection of Rights) Act (TGA). One of the biggest faults with some people, in my opinion, is that they go with the flow without trying to look into the facts of the matter or the issues involved, bearing the classic herd mentality. There are several reasons for it, for example- fear, trying to blend in, blindly trusting the person who we think knows more than us or mere laziness- who will go and read the entire NALSA judgment or TGA, let’s just tag along with what content best suits our sensibilities. Anyway, the discussion on it is for another time, let’s talk about the TGA and its consequences.

NALSA Judgment Essence: –

“Gender identity is an integral part of the personality and one of the most basic aspects of self-determination, dignity and freedom. Thus, no one can be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or hormonal therapy as a requirement for legal recognition of their gender identity. Psychological gender is to be given priority over biological sex. Rights have to be protected irrespective of chromosomal sex, genitals, assigned birth sex, or implied gender role.” (Full text of the judgment available here- https://www.lawyerscollective.org/wp-content/uploads/2014/04/Transgender-judgment.pdf)

Although the judgment hasn’t given any black or white definitions and is fairly covered in grey, which to be honest can’t really be defined by a single institution or a single judgment, the NALSA judgment has been hailed by activists across the country. The judgment though, didn’t mention whether the gender markers can be changed on national identification documents or not. In fact, after the judgment, some transgenders were fearful that their identification documents that mention their gender as female might be revoked in light of the judgment and be replaced with “third gender” marker.

Points under the NALSA judgement worth highlighting for comparing with the TGA: –

• No clear definitions of transmen or transwomen.
• No addressal of variations that exist within the “transgender” community.
• No special provisions provided to change gender markers on national identification documents.
• Only a couple of passing references to the FTM trans-male community and no clear demarcations, nor any special provision.
• Ambiguous mention of facilitation of medical services to entire transgender community.

TGA Essence: –

TGA provides for more comprehensive and inclusive definitions and includes transmen and transwomen within the definition of  “transgender person”, which the TGA defines as “a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.”

The TGA clearly states the definition of Transgender and specifically includes- ‘Trans-Males’ and ‘Trans-Females’. However, when it comes to the specification of the surgery that it requires before pronouncement of the required gender in the IDs, it’s pretty vague.

Points worth highlighting under the TGA: –

• Clearly defines Transgender term and includes- trans-males and trans-females.
• Is ambiguous about the surgery part as to what surgery will be required for changes in identification and other documents.
• First gender marker change in the document will be a ‘transgender’ certificate and not “trans-male”; but subsequently with surgery, we can apply for a ‘Male’ gender marker certificate. (Procedure is given below in the article).
• Instructs government hospitals to help trans folks in Psychological counselling/Hormonal Replacement Therapy/Surgeries.

Transitioning Process: –

Now that we know the essence and differences between the NALSA judgment and the TGA, here are the guidelines for Transmen particularly as to how to start the transitioning process: –

1. It’s just like earlier. You get your GID certificate from a registered Psychiatrist.
2. Meet an Endocrinologist and start your hormonal replacement therapy.
3. You meet a good surgeon and get your top-surgery done.
4. Smile 😊 you look pretty much how you dreamed of till now.
5. You could get your surgeries done before you start HRT too. There is no order or right or wrong way of doing it.

Documentation Changes post TGA 2019: –

We need to make an application to the District Magistrate for issuing a certificate of identity as a transgender person first. We need to submit the following documents (TGA only refers to documents “as may be prescribed”, but should most likely include the following): –

1. Birth Certificate with original name.
2. GID certificate.
3. Any national ID.
4. Any other documents the officials request.

Post transgender certificate:

Post the top surgery, make an application, along with a certificate issued by the Medical Superintendent or Chief Medical Officer of the medical institution in which you have undergone surgery, to the District Magistrate for revised certificate for Male gender marker.

Now there are a lot of people who will tell you a lot of things otherwise. The simple solution to that is asking them questions such as – “has that happened with you? If not, what is your basis for saying such and such thing?” There are a lot of fear mongers who thrive on misinformation. Don’t get trapped in their negativity. Read. Equip yourself. Ask the right questions and never believe anything without verifying. For example, some people on the group were saying- “officers will ask you to strip in front of them”.  Ah well! NO! NO ONE HAS THE RIGHT TO ASK YOU TO STRIP IN FRONT OF THEM. That will come under the scanner of- Harassment, just like any other such act coming under the purview of harassment charges. If someone does ask you that- you will be well within your rights to file a police complaint or a legal case. All that you have heard from anyone till now about this is pure BULL***T. You are a dignified citizen of India and this Act has finally recognized you for who you are.

I’m hoping that the few problems that are there are just teething problems and will soon fade away as the processes settle down.

Again, I will tell you three steps to get rid of any misconception/misinformation that people are spreading about TGA 2019: –

1. Read. Equip yourself with information.
2. Ask the right questions.
3. Don’t believe anything anyone tells you until you verify it.

If I have been of any help to you here, I am glad and you can feel free to email any questions that you have to- thehappytransman@protonmail.ch

On twitter:- – www.twitter.com/HappyTransMan (some really great news on transmen health!)

Facebook:-  https://www.facebook.com/youruncleflower

Also, we have a WhatsApp group that’s solely dedicated to Transmen and our issues. You can join that group here-  https://chat.whatsapp.com/DpqKzBe4EEwCFBjLliLBm4

Thanks for reading. Please feel free to send this blog to anyone who you think may be in need of this information.

My next blog here would be on- Trans-Health.

Do you have suggestions on what the next post should be on? Please send them to us on any of the contacts given above.

Be Yourself. Be Happy.

Cheerio!

Your happy transman brother.