Rights of Transgender Persons in India
Legal Reforms and Inclusive Progress
The Transgender Persons (Protection of Rights) Act, 2019 and its Rules, 2020, ensure legal recognition, welfare measures, and protection against discrimination. The Government constituted a National Council for Transgender Persons under this Act through a notification dated 21st August, 2020. The SMILE initiative supports livelihood, healthcare, education, and rehabilitation of Marginalised Individuals through Garima Greh shelters and skill development programs. The National Portal for Transgender Persons enables hassle-free certification, scheme access, and transparency through multilingual digital services. Transgender persons are guaranteed equality, dignity, and non-discrimination under Articles 14, 15, 19, and 21 of the Indian Constitution.
Introduction
As per census 2011, there were 4.87 lakhs persons in India who opted for “other” in gender category. This figure is assumed as population of non-binary persons in the country.
India has made significant strides in addressing the historical marginalisation of the transgender community through comprehensive legal protections, welfare schemes, and digital accessibility. This shift reflects growing awareness and efforts to promote inclusivity and equality in Indian society.
The Supreme Court of India, in its landmark judgment National Legal Services Authority (NALSA) v. Union of India [Writ Petition (Civil) No. 400 of 2012], delivered on 15 April 2014, explicitly recognized transgender individuals as a “third gender”, affirmed their right to self-identify their gender, and directed the government to grant legal recognition and ensure their equality and non-discrimination.
Key Milestones
Key Milestones in the government’s initiatives thereafter include the enactment of the Transgender Persons (Protection of Rights) Act, 2019 notified on January 10, 2020; the Transgender Persons (Protection of Rights), Rules, 2020 for implementation of the provisions of the Act; the setting up of a National Council for Transgender Persons for advising Government on policies, programmes, legislation and projects for transgender persons; and the launch of the National Portal for Transgender Persons (November 25, 2020). These laws and initiatives have laid the foundation for systemic support and empowerment, and efforts for promoting inclusion, dignity, non-discrimination, and mainstream integration for transgender persons, fostering a society where they can thrive with equal rights and opportunities.
Constitutional Provisions
The Supreme Court in its judgment in the case National Legal Services Authority (NALSA) v. Union of India, delivered on 15 April 2014, explicitly recognized transgender persons as a “third gender”, and entitled them to constitutional protections under Articles 14, 15, 16, 19, and 21.
Transgender Persons (Protection of Rights) Act, 2019
The Act, effective January 10, 2020, is a law that provides legal recognition, prohibits discrimination, and mandates welfare of transgender individuals.
Key Provisions
- Section 2: Definitions (e.g., “transgender person” includes trans-men/women, intersex, gender queer, hijra, etc., irrespective of surgery).
- Section 3: Bans discrimination in education, employment, healthcare, public services, residence, and movement.
- Sections 4–7: Right to self-perceived identity; application for Certificate of Identity (via District Magistrate); revised certificate post-surgery.
- Section 8: Government obligations for welfare schemes, inclusion, rescue, and rehabilitation.
- Sections 9–12: Non-discrimination in employment; designation of complaint officers; right to family residence.
- Sections 13–15: Inclusive education; vocational training schemes; healthcare (e.g., sex reassignment surgery, counselling, insurance coverage).
- Sections 16–18: National Council for Transgender Persons (advises on policies, monitors implementation).
- Sections 19–20: Offences (discrimination punishable by up to 2 years imprisonment and fine); compensation and inspection powers.
- Sections 21–24: Rule-making powers; protection for good-faith actions.
Transgender Persons (Protection of Rights), Rules, 2020
“The Transgender Persons (Protection of Rights), Rules, 2020” were brought on September 25, 2020 for implementation of the provisions of the Act.
The Rules require each State/Union Territory to form Transgender Protection Cells and Transgender Welfare Boards to monitor offences and welfare. As per Rule 11(5), every State is required to set up Transgender Protection Cells to monitor cases of offences against transgender persons and ensure timely registration, investigation and prosecution. To date, 20 such cells have been set up.
As per Rule 10(1), Transgender Welfare Boards (TWBs) have been established to protect rights and interests of Transgender persons, while facilitating access to schemes and welfare measures. So far, 25 TWBs have been set up across various States/UTs.
Initiatives by the Government
The Government of India, through the Ministry of Social Justice and Empowerment (MoSJE), has launched several measures to protect and empower transgender persons. The National Council for Transgender Persons advises on policies and monitors welfare schemes. The National Portal for Transgender Persons, launched on 25 November 2020, enables online applications for identity certificates and access to benefits. The SMILE Scheme, introduced in February 2022, provides livelihood, skill training, and shelter support through Garima Greh centres and Ayushman Bharat TG Plus health coverage. These initiatives collectively promote inclusion, dignity, and equal opportunities for transgender citizens.
In addition to that, the Department of Social Justice & Empowerment has issued an “Equal Opportunities Policy for Transgender Persons” to ensure that the Transgender community has equal access to employment opportunities, among other rights.
National Council for Transgender Persons
The Central Government constituted the National Council for Transgender Persons on 21st August 2020 and reconstituted it on 16th November, 2023. It serves as a statutory body under the Ministry of Social Justice and Empowerment to safeguard and promote the rights of transgender persons in India. The council also includes representatives of the transgender community, the National Human Rights Commission and the National Commission for Women, representatives of State Governments/UTs, and experts from NGOs.
Functions & Responsibilities
- Advisory Role: Advise the Central Government on formulation of policies, programmes, legislation, and projects relating to transgender persons.
- Monitoring & Evaluation: Monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons.
- Review & Coordination: Review and coordinate the activities of all departments (governmental and non-governmental) working on transgender-related issues to ensure coherence, avoid duplication, and address gaps.
- Grievance Redressal: Address grievances of transgender persons.
- Other Functions: Perform other functions as may be prescribed by the Central Government.
SMILE (Support for Marginalised Individuals for Livelihood and Enterprise) Scheme
Launched by the Ministry of Social Justice and Empowerment, SMILE is a central sector scheme aimed at comprehensive rehabilitation and empowerment of transgender persons and other marginalised communities. Introduced on February 12, 2022, it aligns with the Transgender Persons Act, 2019.
SMILE upholds constitutional rights under Articles 14, 15, and 21 by providing equality, non-discrimination, and dignity for transgender persons. Through targeted interventions, it seeks to mainstream transgender individuals by addressing socio-economic challenges.
Primary Objectives
- Skill Development & Employment: Vocational training and skill upgradation to improve employability; inclusive education and enterprise opportunities.
- Scholarship Schemes: Scholarships to reduce drop-out rates and support transgender students from elementary to higher education, managed via an online system.
- Composite Medical Health: Access to healthcare through public and private hospitals, covering gender-affirming procedures, hormone therapy, counselling, and insurance under Ayushman Bharat TG Plus. The health coverage provides up to ₹5 lakh per person per year.
- Safe Shelters: Garima Greh residential centres provide shelter, food, medical care, and recreational facilities. Under SMILE, 21 Garima Grehs have been set up in 17 States, with three more recently sanctioned.
- Protection Cells & Portal Integration: Establishment of district-level Transgender Protection Cells under District Magistrates to monitor offences, ensure FIR registration, and raise awareness.
National Portal for Transgender Persons
The National Portal for Transgender Persons was launched on 25 November 2020 to issue certificates and identity cards to eligible transgender persons. The Portal supports multiple languages (English, Hindi, Gujarati, Malayalam, Bengali) and is designed as an end-to-end online system: applicants can apply, track status, and download their certificate without needing to visit a government office. :contentReference[oaicite:0]{index=0}