Mumbai: Nutansingh Rathore, a state-appointed non-official member of the Maharashtra State Transgender Welfare Board for the Konkan Division, has resigned, alleging that trans men and non-binary persons remain effectively invisible within Maharashtra’s transgender welfare framework due to gaps in legislation and policy implementation.
Policy Root Cause
In a public statement, Rathore said the state's transgender welfare architecture suffers from a “deep structural breakdown” rooted in the language of key government policies and laws.
According to Rathore, the issue stems from a 2018 Government Resolution that established the state’s Transgender Rights Protection and Welfare Board. The resolution adopted the Marathi term Tritiyapanthi as an umbrella category for transgender persons. However, Rathore claimed that officials often interpret the term as referring only to trans women, leaving trans men without clear administrative recognition.
Legislative Criticism
“The foundational loophole has persisted for years, creating a situation where trans men remain legally invisible in day-to-day governance,” Rathore said.
Rathore also criticised Maharashtra’s 2026 transgender welfare amendment legislation, noting that the terms “trans man” and “non-binary” do not appear explicitly in the law. She argued that this allows frontline officials to claim they lack formal guidance when processing welfare applications from trans-masculine individuals.
Documented Cases
The Advocates for Trans Equality describe transgender man or trans man who lives as a man, but was thought to be female when he was born.
“I agree that everyone would not know everything about the transgender community. They follow the book, but there is a policy gap. They are not aware of trans men who will never get a chance to be on the board,” Rathore said, adding that she had documented several such cases during her 18-month tenure.
Board Response
Meghna Kulkarni of Sweekar, a collective of parents of LGBTQIA+ persons, said Rathore’s concerns reflected a broader representation issue. “While the Board has trans women, representation for other transgender persons is zero,” she said.
However, Dr Sanvi Jethwani, co-vice-president of the Maharashtra State Board for Protection of Transgender Rights, rejected claims that Rathore had no voice within the Board.
“I gave him the opportunity to speak to Justice (retd) Asha Menon, chairperson of the advisory committee to the Ministry of Social Justice. There must be some personal reasons for his resignation,” Jethwani said. She added that efforts were being made to improve inclusion but that government processes remained slow.
Rathore has urged policymakers to explicitly recognise trans men and non-binary persons in law, saying that the omission hinders access to welfare schemes and public services across Maharashtra.
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