Trans person struggles to receive disability benefits

For Rubi, a 44-year-old trans individual living with both hearing and speech impairments, accessing a disability pension under the Delhi Social Welfare Department has become a relentless battle. Despite qualifying for assistance on multiple counts, Rubi has been rejected for over a year. The reason? The pension scheme’s eligibility criteria recognise only “male” and “female” applicants, excluding trans persons.

A resident of east Delhi, Rubi’s life has been marked by hardship. Orphaned decades ago, Rubi, who goes by a single name, survived by begging at traffic signals but in recent years, a burden of tuberculosis and asthma severely affected their health. Without the means to afford medical treatment, Rubi turned to the state disability pension scheme, hoping for some relief. But what transpired is an ongoing tale of personal suffering, which is a glaring indictment of a system blind to the transgender community.

The Delhi state disability pension provides a monthly assistance of ₹2,500 to individuals with disabilities. To be eligible for this scheme, applicants must fulfil certain criteria: they must have been residents of Delhi for at least five years, possess a disability of at least 40%, and have a family income of less than ₹1,00,000 per year. Additionally, they must have an Aadhaar number, a singly-operated bank account in Delhi linked to their Aadhaar, and must not be receiving any other pension or financial assistance.

Rubi has a 100% disability, according to her certificate.

Responding to HT, the Delhi social welfare department acknowledged the oversight, saying it will “take this case as an example” and promising corrections to make the scheme inclusive for trans persons.

Having learnt of the scheme from an acquaintance almost three years ago, Rubi gathered all the required documents—a disability certificate and proof of residency—to apply. Still, the journey soon hit a dead end, as the online application demanded that the gender listed on the Aadhaar card align with the binary “male” or “female” options available on the form. Rubi’s Aadhaar card identifies them as a trans person, effectively disqualifying Rubi from applying.

“When we approached the district office, they instructed us to apply online. But the form refused to accept Rubi’s application due to the mismatch in gender categories,” said Madhu, a trans woman, who is a member of SPACE NGO, which works for trans rights.

Madhu, who goes by a single name, has been assisting Rubi in navigating this bureaucratic maze. “We even tried raising the issue with the district officer, but got no solution,” she said.

HT reviewed the social welfare department’s e-district website and confirmed these claims. The system mandates that the applicant’s gender on the form match their identification documents, leaving trans persons ineligible to proceed.

“This is not just about Rubi,” said Rupika Dillion, director of SPACE NGO. “We have recently started a survey of trans persons with disability, which shows that they are often marginalised. Policies are formulated without accounting for the existence and rights of trans persons. While Rubi’s case has attracted attention, countless others remain unseen and unsupported. This injustice demands immediate rectification.”

“After Rubi’s TB diagnosis in 2021, some of us pooled resources to support with the treatment. But funds are always limited, and securing a pension could provide stability for medical and daily needs,” Madhu said.

Rajeev Kumar Saksena, deputy director of the Delhi social welfare department, said, “It is unfortunate that Rubi had to struggle for so long. Now that the case has come to our notice, we will take immediate action. Corrections to the website will be made promptly to ensure trans persons can apply for the scheme.”

“In this case, we will look into it personally and will try to get Rubi pension soon,” he added.

For Rubi, the delay has meant continuing to rely on others for survival, but she waits—not for charity, but for justice.