The Roadmap for Transgender Empowerment | 24 Sep 2025

Transgender persons in India have long faced social marginalisation despite cultural recognition. Stigma, colonial criminalisation, and discrimination pushed them to the periphery. Recent legal reforms and activism have begun enhancing their inclusion and dignity, but India must move beyond promises to ensure their participation in politics and policymaking.

What Does it Mean to Be a Transgender Person?

• About: Transgender is an umbrella term for people whose gender identity and/or expression differs from the sex they were assigned at birth. (OHCHR)
• Gender Identity: A person’s deeply felt internal sense of their own gender (e.g., man, woman, another gender).
  • The choice of gender identity is made when a person understands their internal and individual experience of their body, bodily appearance, speech, mannerisms, etc.
  • If a person does not identify themselves with the gender assigned at birth, they can choose to identify with some other gender.
  • Transgender people may self-identify as transgender, female, male, transwoman, transman, transsexual, or by a variety of indigenous terms used in specific cultures, such as hijra (India), kathoey (Thailand), waria (Indonesia), or one of many other transgender identities.
• Population: India has around 4.8 million transgender persons (Census 2011).
  • The top 3 states with the largest transgender population are Uttar Pradesh, Andhra Pradesh, and Maharashtra. (Census 2011)
• 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.

What are the Major Legal and Constitutional Milestones Shaping Transgender Rights in India?

• NALSA v. Union of India (2014): This landmark Supreme Court judgment legally recognised transgender persons as a “third gender” and affirmed that fundamental rights guaranteed under the Indian Constitution (Articles 14, 15, 16, 19, and 21) equally apply to them. 
  • The Court emphasised the right to self-identify gender as male, female, or third gender, prioritised psychological identity over biological sex, and mandated equal protection against discrimination in education, employment, and healthcare. 
    • It also directed the government to provide social welfare schemes and public facilities for transgender persons.
  • The NALSA judgment classified transgender people as socially and educationally backward classes (SEBCs) entitled to reservations in jobs and education to promote their inclusion and upliftment.
• Puttaswamy v. Union of India (2017): In the landmark judgment Puttaswamy case regarding the right to privacy, the Supreme Court observed that there is a constitutional right to privacy inherent in the right to life, equality, and fundamental freedoms. 
  • This includes the right to intimate relations of one’s choice and the right to sexual orientation and gender identity.
• Decriminalisation of Section 377 of IPC: In the case of Navtej Singh Johar v. Union of India (2018), the Supreme Court verdict struck down Section 377 of the IPC, decriminalising consensual same-sex relations and indirectly strengthening the rights of transgender persons by promoting broader LGBTQ+ acceptance.
• Domestic Violence Act, 2005: The Domestic Violence Act protects all women, including transgender women (regardless of their Certificate of Identity), against any form of abuse by any family member.
• Election Commission Directive (2009) introduced an “others” option in voter registration forms, allowing transgender individuals to avoid male or female classification.
• 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.
• Transgender Persons (Protection of Rights) Rules, 2020: These Rules inter alia specify the procedure by which a transgender person can obtain a certificate of identity, welfare measures for transgender persons, their education, social security, health, and provisions for non-discrimination, etc.

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

• Social Exclusion and Discrimination: Transgender individuals face widespread social rejection and bullying from family, peers, and society at large. This exclusion leads to isolation and marginalisation. 
  • Nearly 31% of transgender persons reportedly die by suicide, with 50% attempting it before age 20 due to societal stigma and mental distress. 
• Barriers in Education: The literacy rate among transgender people in India is around 56.1%, significantly lower than the national average of 74% (2011 Census).
  • Persistent harassment, bullying, and lack of inclusive infrastructure lead many transgender children to drop out early. 
  • Higher education enrollment remains abysmally low; major central universities reportedly have almost no transgender students or staff.
• Economic Exclusion and Unemployment:  About 92% of transgender persons face economic exclusion (NHRC 2018), with almost half unemployed (48% as per ILO 2022 data). 
  • Discrimination in hiring, hostile workplace environments, and lack of skill training push many toward informal or survival-based occupations, including begging and sex work. 
  • Personal inheritance laws like the Hindu Succession Act (1956), Indian Succession Act (1925), and Muslim Personal Law—recognise only male and female heirs.
    • They exclude transgender persons, forcing them to follow their assigned sex at birth or forfeit inheritance rights.
  • Government employment reservations are unevenly implemented, and access to financial services remains limited despite recent circulars.
• Healthcare Challenges:  Transgender persons experience denial of healthcare or negligent treatment.
  • Nearly 27% reported being refused medical care due to their gender identity (NALSA survey). 
  • Gender-affirming treatments cost between ₹2–5 lakh, often not covered by insurance.
  • While Ayushman Bharat TG Plus offers ₹5 lakh coverage annually, accessibility and awareness remain low.
• Political Under-Inclusion and Representation Deficit: Despite constitutional guarantees and progressive judgments, transgender persons remain largely absent from mainstream politics and decision-making bodies. 
  • Their representation in Parliament, State Assemblies, and local councils is minimal, reducing their ability to influence policies directly affecting them.
  • The disparity in voting percentages among third gender voters has long been a concern, with only 25% of registered transgender voters turning out to vote in the 2019 Lok Sabha election.
• Legal and Bureaucratic Barriers: Although the Transgender Persons (Protection of Rights) Act, 2019 exists, only about 65% of applications for transgender identity certificates have been processed by late 2023, with delays often exceeding the 30-day legal timeframe. 
  • Complex bureaucratic procedures hamper self-identification, while police harassment and lack of legal awareness persist.
• Mental Health and Psychological Stress: Transgender individuals face high rates of mental health disorders due to sustained social trauma.
  • Studies in Delhi NCR reveal 42.7% of trans women experience moderate to severe depression, and 48% suffer from psychiatric disorders like anxiety and PTSD. 
  • Lack of accessible mental health services exacerbates this crisis.
    • Nearly 70% to 92% of people with mental disorders in India do not receive adequate treatment, mainly due to a lack of awareness, social stigma, and a shortage of trained professionals.
• Lack of Safe Public Spaces and Facilities: Transgender persons face challenges accessing basic facilities such as gender-neutral public toilets, safe housing, and secure shelters. 
  • They also confront discrimination in prisons, hospitals, and educational institutions. 
    • The Ministry of Housing and Urban Affairs has issued guidelines under the Swachh Bharat Mission to encourage the construction of separate toilets for transgender persons, however, the implementation remains fairly low.
  • This lack of safe spaces fuels vulnerability and limits their mobility and participation in public life.
  • Garima Greh shelters, though progressive in intent, face issues like inadequate funding, poor awareness, and limited state coverage.

What Should be the Future Roadmap for Empowering Transgender Persons in India?

• Effective Legal Implementation and Sensitisation: Full and sincere implementation of the Transgender Persons (Protection of Rights) Act, 2019, with special focus on grievance redressal, simplified self-identification, and training for police, judiciary, healthcare, and education officials on gender sensitivity.
  • For instance, Delhi’s 2025 Transgender Protection Rules provide a framework for identity recognition and discrimination redressal. 
  • Supreme Court and NHRC directives call for widespread sensitisation to curb systemic discrimination.
• Economic Inclusion and Entrepreneurial Support:  Launch skill development programs like the SMILE Scheme, backed by entrepreneurship development initiatives such as the 15-day business training at Garima Greh, Delhi (2025), which trains transgender candidates in market surveys, finance, and regulatory compliance. 
  • RBI’s inclusion of transgender persons under priority sector lending empowers financial access. Corporate diversity hiring models such as Tata Steel’s program can be scaled for large impact.
  • Karnataka became the first Indian state to introduce a 1% reservation in government jobs for transgender persons.
  • A World Bank report (2021) estimates that integrating transgender persons into the workforce could boost India’s GDP by 1.7%.
    • Initiatives like Kineer Services Pvt. Ltd., founded by transgender activist Laxmi Narayan Tripathi, provides livelihood opportunities and financial empowerment to promote economic independence for India’s transgender community.
• Accessible and Gender-Affirming Healthcare:  Establish dedicated gender affirmation centres (e.g., AIIMS Delhi’s CoE for Transgender persons), integrate gender-affirming treatments into Ayushman Bharat TG Plus, and expand mental health services tailored for transgender needs. 
  • Leveraging technology for telemedicine and remote counseling services expands reach among transgender persons in remote and rural areas, overcoming geographic and social barriers to care.
  • Odisha and Karnataka’s free government surgeries serve as positive models.
• Inclusive Education Policies: Promote transgender-friendly school and college campuses with gender-neutral toilets, anti-bullying policies, and support counselling. 
  • Maharashtra’s transgender cells in colleges and Kerala’s reservations and hostels for transgender students highlight state-level best practices.
  • The Supreme Court of India has issued notices to the Centre, NCERT, and six states to ensure transgender-inclusive Comprehensive Sexuality Education (CSE) in school curricula, promoting gender diversity awareness and students’ fundamental rights.
• Social Awareness and Cultural Sensitisation: Conduct nationwide gender-sensitisation campaigns. Promote transgender representation in the media. 
  • Support cultural events like the Koovagam Festival and encourage advocacy movements such as “I Am Also Human” that foster acceptance and reduce stigma.
  • Sports can also serve as a powerful medium; for example, India’s first all-transgender football team, Ya_All Sports Club, Manipur, promotes inclusion and visibility.
  • Born2Win Social Welfare Trust is a transgender-led organization in Tamil Nadu, India, dedicated to empowering the transgender community through initiatives such as creating positive role models, facilitating education and employment opportunities, and advocating for gender rights.
• Data Collection and Research for Policy Making: Conduct frequent and inclusive surveys to capture accurate transgender population data and socio-economic status. 
  • Use this information for evidence-based policy formulation.
  • Countries like the United States have included transgender identity questions in health and social surveys such as the Behavioural Risk Factor Surveillance System (BRFSS), helping tailor healthcare funding and policies.
• Creating Safe and Inclusive Public Spaces: Invest in safe shelters such as Garima Greh, accessible public amenities, and anti-discrimination enforcement in public and private spaces. 
  • Re-envisioning Garima Greh requires transforming it from a mere shelter into a dynamic empowerment hub.
    • The most transformative step is to integrate the Garima Greh model with the successful SHG framework.
  • Vancouver’s Parks Washroom Strategy mandates that public restrooms serve all genders and incorporate accessibility features and India can learn from the same.

Conclusion: 

 As Dr B.R. Ambedkar aptly remarked, “Political democracy cannot last unless social democracy lies at its base.” Ensuring the rights and dignity of transgender persons is not merely a matter of legal compliance but a measure of a society’s commitment to equality, justice, and inclusivity. Aligning with SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities), India must move beyond symbolic recognition to create enabling policies, political representation, and social acceptance.