Safeguarding Transgender Rights in India | 08 Sep 2025

Source: PIB

Why in News?

The National Human Rights Commission (NHRC) hosted a National Conference on Transgender Rights aimed at addressing systemic discrimination, strengthening institutional support, and reaffirming constitutional guarantees for transgender persons in India.

How Does the Legal & Constitutional Framework Uphold the Rights of Transgender Persons in India?

Transgender 

• Definition: As per the Transgender Persons (Protection of Rights) Act, 2019, a transgender person is someone whose gender identity does not match the gender assigned at birth.
• Population: India has around 4.8 million transgender persons (Census 2011).
  • This includes individuals with intersex variations, gender-queer identities, and socio-cultural identities such as kinnar, aaravani and jogta, etc.
  • Part of LGBTQIA+: Transgender persons are represented by the “T” in LGBTQIA+, which stands for Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual.
  • The “+” covers other identities like non-binary and pansexual, reflecting the evolving understanding of gender and sexuality.

Legal & Constitutional Framework  

• Transgender Persons (Protection of Rights) Act, 2019: Created a comprehensive legal structure for the protection and empowerment of transgender persons.
  • Key Provisions Include:
    • Non-Discrimination Clause: Prohibits exclusion or unfair treatment in education, employment, healthcare, housing, and access to public services.
    • Self-Identification: Recognises the right to self-perceived gender identity, allowing individuals to obtain identity certificates from the District Magistrate without the requirement of medical or psychological assessments.
    • Healthcare Access: Mandates provision of gender-affirming medical care, HIV surveillance, and inclusion in public health insurance schemes.
    • Statutory Institutional Mechanism: Establishes the National Council for Transgender Persons (NCTP) to advise the central government on welfare policies, monitor implementation, and coordinate inter-ministerial efforts.
• Landmark Judgments:
  • NALSA v. Union of India (2014): Marked a historic shift by recognising transgender persons as the “third gender”.
    • Affirmed that gender identity is integral to dignity, equality, and personal autonomy under articles 14, 15,19 and 21 of the Constitution.
    • Framed transgender rights as a matter of human rights, not just legal identity.
  • Karnataka High Court in Ms. X vs State of Karnataka, 2024 upheld the right of transgender persons to change name and gender on birth certificates, as permitted under the Transgender Persons (Protection of Rights) Act, 2019  and Transgender Persons (Protection of Rights) Rules, 2020. 
• Election Commission Directive (2009) introduced an “others” option in voter registration forms, allowing transgender individuals to avoid male or female classification.

What are the Key Challenges Faced by Transgender Persons in India?

• Marginalisation: Historical invisibility continues to impact social and economic inclusion, despite progressive laws judgements (NALSA v. Union of India-2014).
  • Transgender persons face stigma, bullying, and rejection, which leads to their poor mental health. A NALSA survey found 27% were denied healthcare due to gender identity.
  • Gender-affirming treatments cost Rs 2–5 lakh and are often not covered in insurance. Ayushman Bharat TG Plus provides medical coverage but its awareness and accessibility remain limited.
  • The literacy rate among transgender persons stands at 56.1%(2011 Census), significantly lower than the national average of 74%, highlighting the lack of a gender-sensitive curriculum across the country.
• Economic Exclusion: Transgenders face employment bias, workplace hostility, and lack of gender-neutral facilities, limiting economic opportunities. 
  • 92% experience economic exclusion (NHRC 2018) and 48% are unemployed (ILO 2022). 
  • Despite a 2024 RBI circular allowing transgender and queer persons to open joint bank accounts and nominate partners, access to financial services remains limited due to institutional gaps and low awareness.
• Law Enforcement and Social Protection Gaps: Garima Greh shelters, though progressive in intent, face issues like inadequate funding, poor awareness, and limited state coverage.
  • Despite the 2019 Act, challenges in ID issuance, complex certification processes, and issues like police harassment and family rejection continue to hinder self-identification and timely support for transgender persons.
  • Institutional mechanisms for child protection and elder care often exclude gender-diverse individuals.
    

What Measures Should be Taken for Transgender Empowerment in India?

• Legal Framework: The Transgender Persons (Protection of Rights) Act, 2019 must be fully implemented by setting up grievance redressal cells, a central digital portal for applications, conducting audits, and training police, health, and education officials on transgender rights and gender sensitivity.
• Economic Empowerment: Promote gender-inclusive policies, diversity hiring, financial schemes, and entrepreneurship support, scaling successful corporate models like Tata Steel’s diversity program. 
  • A World Bank report (2021) estimates that integrating transgender persons into the workforce could boost India’s GDP by 1.7%.
• Access to Social Services : Schools and colleges should implement inclusive policies, provide teacher training, prevent bullying and discrimination, expand counselling services, ensure gender-neutral washrooms, and promote peer and teacher support for transgender students.
  • Ensure insurance coverage for gender-affirming treatments, establish dedicated clinics, expand mental health services, and provide sensitivity training for providers.
• Awareness Campaign: Conduct gender sensitisation programs, encourage diverse media representation, support cultural events like the Koovagam Festival, and promote campaigns like “I Am Also Human” to reduce stigma.