March 31 is observed annually as the International Transgender Day of Visibility to celebrate the resilience, contributions, and identities of transgender individuals, while drawing attention to the persistent discrimination and violence they face.

Despite the enactment of the Transgender Persons (Protection of Rights) Act, 2019, ground realities reveal significant gaps in implementation, leaving many in the community without meaningful support or recognition.

Who is a Transgender Person?

Definition:

As per the Transgender Persons (Protection of Rights) Act, 2019, a transgender person is defined as someone whose gender identity differs from the gender assigned at birth.

Population:

According to the 2011 Census, India has approximately 4.8 million transgender individuals. This includes trans persons with intersex variations, gender-queer individuals, and those belonging to socio-cultural identities such as kinnar, hijra, aravani, and jogta.

LGBTQIA+ Community:

Transgender people are represented by the “T” in the LGBTQIA+ acronym:

• LGBTQIA+ stands for Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual.

• The “+” acknowledges other diverse gender identities and sexual orientations, including non-binary and pansexual individuals.

• The acronym continues to evolve as awareness and understanding deepen globally.

Challenges Faced by Transgender Individuals in India

1. Implementation Gaps

• Although the 2019 Act mandates timely administrative support, by December 2023, only 65% of transgender ID card applications had been processed.

• Over 3,200 applications remained pending beyond the 30-day legal deadline.

• The certification process remains complex and restrictive, often undermining the right to self-identification and failing to prevent harassment by authorities and rejection by families.

2. Social Discrimination and Mental Health

• Transgender individuals frequently experience social exclusion, bullying, and violence.

• Mental health outcomes are alarming:

  • 31% die by suicide

  • 50% attempt suicide before the age of 20

• Healthcare access remains inadequate:

  • 27% reported denial of medical care due to their gender identity (NALSA survey).

  • Gender-affirming procedures cost Rs 2–5 lakh and are often excluded from insurance.

  • While Ayushman Bharat TG Plus offers Rs 5 lakh coverage annually, low awareness and accessibility hinder its impact.

3. Economic Exclusion

• 92% face economic exclusion (NHRC, 2018), and the unemployment rate stands at 48% (ILO, 2022).

• Discrimination in hiring, lack of gender-neutral facilities, and workplace hostility restrict job opportunities.

• A 2024 circular allowing joint bank accounts for transgender persons marks progress, but financial access remains limited due to poor outreach and institutional apathy.

4. Barriers in Education

• The literacy rate among transgender persons is 56.1%, far below the national average of 74% (2011 Census).

• While some states like Maharashtra and Kerala have introduced inclusive measures, there is no consistent, nationwide gender-sensitive curriculum to promote inclusion and understanding.

The Transgender Persons (Protection of Rights) Act, 2019

Objective:

The Act provides a legal framework for the protection, recognition, and empowerment of transgender persons.

Key Provisions:

• Prohibition of Discrimination in education, employment, healthcare, housing, and access to public services.

• Self-Identification Rights: Individuals may apply for a transgender certificate through the district magistrate without any requirement for medical or physical examination.

• Healthcare Access: Mandates availability of gender-affirming treatments, HIV surveillance, and insurance coverage.

• National Council for Transgender Persons (NCTP): Established as a statutory body in 2020 to advise and monitor the implementation of the Act.

Key Milestones in Advancing Transgender Rights in India

• 2009 – Election Commission Directive: Introduced an “others” option in voter registration forms to accommodate transgender identities.

• 2014 – Supreme Court Recognition:
  In the landmark NALSA v. Union of India case, the Supreme Court recognized transgender individuals as the “Third Gender”, affirming their constitutional rights and framing the issue as a matter of human dignity and equality.

• 2019 – Enactment of the Act:
  The Transgender Persons (Protection of Rights) Act marked India’s first comprehensive legislative step toward transgender rights.

India’s Initiatives for Transgender Welfare

• SMILE Scheme: Focuses on rehabilitation, medical care, education, and skill development.

• Garima Greh: Shelter homes providing housing and support services for transgender persons.

• Ayushman Bharat TG Plus: Offers health insurance coverage of Rs 5 lakh per year specifically for transgender individuals.

• National Portal for Transgender Persons: Facilitates online application for certificates of identity and access to welfare services.

• Pension Scheme Inclusion: Transgender persons are now eligible under the disability pension scheme, with the addition of a “transgender” category in forms.

• Recognition in Prisons:
  In January 2022, the Ministry of Home Affairs issued advisories to ensure the privacy, dignity, and safety of transgender inmates in prisons.

• State-Level Measures:

  • Maharashtra has created transgender support cells in colleges.

  • Kerala provides university-level reservations and dedicated hostel facilities for transgender students.