Kolkata, Nov 4 (NationPress) As the Election Commission of India (ECI) initiated the first phase of the three-stage Special Intensive Revision (SIR) in West Bengal on Tuesday, the state's transgender community, particularly those who have undergone gender affirming surgery (GAS) or gender confirmation surgery (GCS), voiced significant concerns regarding their voter status.

Their apprehensions are quite valid, primarily for two reasons.

The foremost worry among community members involves substantial discrepancies in their identity documents, specifically regarding gender, name, and appearance post-transition.

The second issue is that the “transgender identity card” issued by the Union government, along with the certificate from the National Portal for Transgender Persons, which are often necessary for updating gender in documents like PAN, Aadhaar, and even passports, do not feature among the twelve supporting documents outlined by the Election Commission for the SIR process.

IANS engaged with various transgender activists in the city and legal experts to comprehend the community’s fears surrounding the SIR and potential solutions.

Notable activist and former member of the West Bengal Transgender Development Board, Ranjita Sinha, indicated to IANS that there is a profound fear of having to once again struggle for the right to an Indian identity for transgender individuals.

Sinha remarked, “Individuals who altered their identity, either via surgery or self-declaration, will encounter considerable challenges. If someone's name appeared on the 2002 voters’ list, the photograph and name recorded then will not correspond with their current identity. Booth Level Officers will also conduct home visits for verification. Numerous transgender individuals have faced ostracism from their families after choosing to live according to their identity. Some parents even declared their children deceased. What will happen to such individuals?”

She further noted that many community members currently reside in transgender shelter homes.

Sinha added, “Many do not even possess the governmental transgender cards. How will they get their names added to the voters’ list when they will first be asked to prove their citizenship? The government formulates policies without considering the challenges faced by the transgender community. There’s uncertainty among our members, and we require clear guidance from the government to alleviate this anxiety.”

In a conversation with IANS, Debangshi Biswas Chowdhury, founder of Transgender Odhikar Sanghati Mancha, expressed that acknowledging the “transgender identity card” as valid evidence would have benefitted a significant portion of the community.

Chowdhury stated, “Since the transgender card is absent from the approved list, each individual must now approach the Booth Level Officer in their locality to establish their identity. This is burdensome, especially for those whose families have already declared them dead. They must first prove they are alive and then validate their identity. Many also possess birth certificates, school leaving certificates, and other documents only under their previous identity. How will they now present documents that reflect their current identity? Our community is deliberating on this issue and intends to request the Election Commission to recognize the transgender card as acceptable proof.”

Debika Barua, a social media personality and transgender activist, mentioned that the affidavit made during an identity change could assist many in connecting their current identity with their former one. However, she highlighted that some community members lack the resources to file such an affidavit in court and thus do not have this proof.

“From what we’ve gathered, those who still possess older documents like birth certificates or school leaving certificates, where their parents’ names are listed, will be able to establish their identity. If their parents’ names were on the 2002 voters’ list, their citizenship will be acknowledged, and only an affidavit will then be required to affirm their present identity. The challenge will arise for those without such an affidavit,” Barua explained.

Kaushik Gupta, a senior advocate at Calcutta High Court, informed IANS that many transgender individuals are apprehensive that their citizenship will be questioned during the SIR process.

“If they do not appear in the 2002 voters’ list and their parents’ names are absent, their right to vote may be scrutinized. Citizens have the right to vote, as well as the right not to vote. The SIR should not serve as a measure to determine both citizenship and identity. It imposes an unfair burden on the individuals, as many were expelled from their homes by their parents years ago, and numerous do not even possess proper documentation. Nevertheless, the saving grace is their affidavit or gazette notification, which they had executed to change their identity. That document will be crucial in establishing their identity,” Gupta stated.

An official from the Election Commission acknowledged that this remains a grey area within the SIR process requiring attention.

The official stated, “A solution will undoubtedly be found to protect the voting rights of eligible transgender voters. In my opinion, the affidavit or gazette notification made during their identity transition will serve as a valuable document for establishing identity.”