Mains Practice Questions

Introduction:

India’s Constitutional framework enshrines equality, non-discrimination, and dignity under Articles 14, 15, and 21. In NALSA v. Union of India (2014), the Supreme Court recognised transgender persons as a ‘third gender’, affirming their rights to self-identification and social inclusion. Yet, despite progressive judgments and laws, the full participation of transgender persons in society is curtailed by stigma, exclusion, and institutional gaps.

Body :

Key Obstacles Faced by Transgender Persons

• Social Exclusion and Discrimination:
  • Widespread family rejection, bullying, and stigma.
  • A study by Humsafar Trust found that 29.8% of transgender women in Mumbai and Delhi had attempted suicide reflecting deep social distress.
• Barriers in Education:
  • Literacy rate is 56.1%, far below the national average of 74% (2011 Census).
  • Lack of gender-sensitive curricula and safe learning spaces.
  • Lack of gender-neutral toilets.
• Economic Exclusion and Unemployment:
  • 92% face economic exclusion (NHRC, 2018); 48% unemployed (ILO, 2022).
  • Inheritance laws under the Hindu, Muslim, and Indian Succession Acts exclude transgender heirs.
• Healthcare Challenges:
  • 27% denied medical care (NALSA survey).
  • 42.7% of trans women in Delhi NCR suffer moderate to severe depression; 48% face anxiety/PTSD.
• Political Under-Inclusion:
  • Almost absent from legislatures and decision-making bodies.
  • Only 25% voter turnout among transgender voters in the 2019 elections.
• Legal and Bureaucratic Barriers:
  • Under the Transgender Persons (Protection of Rights) Act, 2019, only 65% of ID applications were processed by 2023, often delayed beyond the legal timeframe.

Policy Interventions Required

• Enforce the 2019 Act with simplified self-ID and training for officials.
  • Example: Delhi’s 2025 Rules for identity recognition and redressal.
• Expand the SMILE scheme, priority sector lending by the RBI, and corporate diversity hiring (e.g., Tata Steel).
  • World Bank (2021): GDP can grow by 1.7% with transgender workforce inclusion.
• Scale AIIMS CoE for Transgender persons, Ayushman Bharat TG Plus, and telemedicine outreach.
• Implement inclusive education through Gender-neutral toilets, anti-bullying policies, and counselling in schools.
• Expand Garima Greh shelters into empowerment hubs linked with SHG frameworks.
• Ensure regular socio-economic surveys to inform policies, as seen in the US BRFSS model.
• Support trans-led NGOs like Born2Win Trust.

Conclusion

As B.R. Ambedkar emphasised, “Political democracy cannot last unless social democracy lies at its base.” The true resilience of India’s equality framework will be tested by its ability to ensure dignity, rights, and opportunities for transgender persons. Aligning with SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities), empowering transgender persons is essential to building a just, inclusive, and sustainable democracy.