21.11.2025

Transgender Rights in India

Context

India has undertaken major legal and policy reforms to safeguard the rights of transgender persons, even as several countries witness setbacks in gender identity protections. Increasing visibility, government-led welfare programmes, and judicial pronouncements have strengthened the rights framework, but the lived realities of transgender communities still reflect persistent inequalities and systemic barriers.

Status of Transgender Persons in India

The 2011 Census recorded 4.87 lakh self-identified transgender persons, though the actual population is widely believed to be much higher due to stigma, family rejection, and underreporting. India formally recognises a third gender, backed by laws and administrative pathways for identity documentation.
 Despite legal progress, social acceptance, access to healthcare, and economic participation remain limited. There is rising demand for gender-affirming healthcare, with private medical institutions creating avenues for medical tourism. Digital inclusion is improving through the National Portal for Transgender Persons, but disparities persist across states in documentation, certification, and welfare access.

Constitutional Framework

• Article 14: Ensures equality before the law for all persons, including transgender individuals.
   
• Articles 15 and 16: Prohibit discrimination based on sex, interpreted by courts to include gender identity and expression.
   
• Article 19: Protects the freedom to express one’s self-identified gender.
   
• Article 21: Upholds the rights to dignity, privacy, health, autonomy, and a life of respect.
   

The NALSA v. Union of India (2014) judgment was a landmark ruling that recognised transgender persons as a third gender, affirmed the right to self-identification, and directed governments to implement affirmative action and welfare measures.

Initiatives for Transgender Welfare

• Transgender Persons (Protection of Rights) Act, 2019: Provides legal recognition, prohibits discrimination, ensures access to education, healthcare, and employment, and establishes grievance mechanisms and penalties for violations.
   
• Transgender Persons (Protection of Rights) Rules, 2020: Require the formation of Welfare Boards and Protection Cells, and simplify identity certification procedures.
   
• National Council for Transgender Persons: Advises the government, reviews policies, and monitors programme implementation.
   
• National Portal for Transgender Persons (2020): Facilitates online applications for self-identification certificates, updated ID documents, and welfare benefits in multiple regional languages.
   
• SMILE Scheme (2022): Provides scholarships, skill development, livelihood support, Ayushman Bharat TG Plus health coverage, and operationalises Garima Greh shelters across more than 20 states.
   
• Equal Opportunity Policy: Encourages inclusive hiring and workplace practices across public and private sectors.
   

Challenges

• Social discrimination and violence: Transgender individuals frequently face harassment, family rejection, bullying, and exclusion from schools and workplaces, forcing many into unsafe living conditions.
   
• Healthcare barriers: Limited trained professionals, high costs of gender-affirming procedures, inadequate insurance coverage, and scarce specialised services hinder access.
   
• Documentation hurdles: Complex and inconsistent procedures for updating gender markers on ID documents disrupt access to welfare schemes, education, banking, housing, and employment.
   
• Economic marginalisation: Low formal employment, limited skilling opportunities, and exclusion from mainstream labour markets push many into informal or high-risk livelihoods.
   
• Housing and safety concerns: Homelessness, rental discrimination, and inadequate shelter facilities remain widespread issues.
   
• Low funding and poor implementation: Insufficient budget allocations and weak monitoring mechanisms undermine the impact of welfare schemes.
   

Way Forward

• Strengthen implementation of existing laws: Ensure effective functioning of Welfare Boards, Protection Cells, and grievance redress systems across all states for consistent enforcement of rights.
   
• Expand health coverage: Fully integrate gender-affirming surgeries, hormone therapy, counselling, and post-operative care into Ayushman Bharat TG Plus and public healthcare facilities.
   
• Build medical capacity: Introduce LGBTQIA+ competency training in medical curricula and create specialised training for surgeons, endocrinologists, nurses, and mental health professionals.
   
• Develop Centres of Excellence: Establish national hubs for gender-affirming healthcare, research, community outreach, and medical tourism.
   
• Adopt a comprehensive national strategy: Ensure coordinated policy action across ministries on employment, housing, education, social protection, and legal reforms.
   
• Simplify legal documentation: Standardise gender update rules across states, strengthen anti-discrimination laws, and mandate inclusive hiring to enhance equal citizenship and workplace dignity.
   

Conclusion

India stands at an important turning point where progressive legal recognition must evolve into tangible improvements in the everyday lives of transgender persons. Strong implementation, investment in healthcare and skilling, inclusive policies, and sustained social sensitisation can enable transgender individuals to live with dignity, autonomy, and equal opportunity. With consistent reform and community-led engagement, India has the potential to emerge as a global leader in advancing transgender rights and inclusive development.