Championing Transgender Equality in India: A Path to Dignity and Justice

Written By David Kalal

India stands at a critical juncture in its pursuit of justice and equality for all, particularly for transgender communities who continue to face systemic marginalization. Supporting the transgender rights movement is not only a matter of social or legal reform—it is an ethical and civic necessity. In the context of growing global human rights violations, the call for trans rights is a call for deeper structural change that benefits all. From healthcare and housing to education and civil recognition, building systems that include and affirm transgender people strengthens the fabric of democracy itself.

This article explores the journey towards transgender equality in India, examining historical perspectives, legal progress, persistent challenges, and the path forward. Deeply connected to inclusive Hindu philosophy and shaped by the intersections of gender, caste, and class, the movement for transgender justice in India demands an expansive approach to LGBTQ+ rights—one that centers social welfare and lived realities in legal and policy analysis

Ardhanarishvara: The half-male, half-female form of Shiva and Parvati, symbolizing the unity of gender and divine wholeness.
Photo: © Bluerasberry / WikiCommons

Ancient Roots, Modern Realities: Gender Fluidity in Indian Thought

India has a long history of recognizing diverse gender identities. The Hijras, a distinct transgender community, have been integral to Indian society for centuries, often holding unique social and ritualistic roles and sometimes attributed semi-divine status. This historical presence confirms that transgender identities are deeply rooted in Indian culture.

Hindu mythology further illustrates this fluidity. Deities like Ardhanarishvara (Shiva and Parvati combined) symbolize the unity of masculine and feminine energies, transcending rigid gender binaries. Mohini, Vishnu's female avatar, and characters like Shikhandi and Arjuna (as Brihannala) in the Mahabharata, demonstrate gender variance and transformation. The concept of Tritiya Prakriti ("third nature") is found in ancient Hindu and Buddhist texts, acknowledging a spectrum beyond male and female.

Philosophically, Hinduism posits the Atman (soul) and Brahman (Universal Absolute) as genderless, providing a spiritual foundation for transgender equality. This historical and spiritual context counters narratives that dismiss LGBT rights in India as foreign, instead framing them as a reclamation of India’s inclusive heritage. Colonial-era laws, like Section 377, introduced criminalization that disrupted indigenous acceptance, contributing to current gender discrimination.

The Legal Landscape: Progress and Persistent Gaps

Photo: Sara Hylton for The New York Times

The Indian judiciary has been instrumental in advancing LGBTQ+ rights. The landmark National Legal Services Authority (NALSA) v. Union of India (2014) judgment recognized transgender people as a "third gender" and affirmed their fundamental constitutional rights, including self-identification without mandatory sex reassignment surgery (SRS). This was followed by the decriminalization of Section 377 in 2018, legalizing consensual same-sex relations and reducing vulnerability for the broader LGBTQ+ community.

However, the Transgender Persons (Protection of Rights) Act, 2019, while prohibiting gender discrimination in various spheres, contains serious flaws. It introduces a two-step process for legal gender recognition, requiring SRS proof for a "change in gender certificate," contradicting the NALSA judgment and infringing on bodily autonomy. The Act also prescribes lower penalties for sexual assault against transgender individuals and criminalizes traditional practices like badhai, impacting the Hijra community's livelihood.

Moreover, there are no provisions in the 2019 Act for marriage equality or relationship recognition. While transgender persons may live with their partners of choice, there is no mechanism to register such unions, excluding them from vital partner benefits, such as inheritance rights, health insurance, or next-of-kin recognition in emergencies. Healthcare access also remains elusive—bureaucratic hurdles continue to prevent transgender persons from availing fundamental services, even under government schemes intended to support them.

Finally, broader citizenship laws, like the NRC and CAA, further complicate matters, as many transgender individuals lack necessary documents, making them vulnerable to statelessness and exclusion from welfare systems

The Lived Experience: Overcoming Systemic Barriers

Despite legal advances, transgender individuals in India continue to face deep-rooted societal discrimination and exclusion.

  • Education: Nearly 50% of transgender persons never attend school due to bullying and a lack of institutional support.

  • Employment: Only about 6% are in the formal workforce; stigma, lack of documentation, and discrimination push many into begging, informal labor, or sex work.

  • Healthcare: Discrimination, ignorance, and excessive costs make accessing gender-affirming care traumatic. Many are denied services outright or subjected to abuse in hospitals.

  • Social Exclusion: Rejection from families and communities leads to homelessness, mental health crises, and routine violence. Accessing identity documents that match one’s gender remains fraught with obstacles, compounding everyday precarity.

These challenges are exacerbated for trans individuals who also belong to marginalized caste and class backgrounds. A more intersectional understanding—one that centers the needs of the most vulnerable—is critical in building an inclusive rights framework.

Transgender individuals in South Asia continue to lead with resilience and joy despite ongoing structural barriers.
Photo: © USAID Bangladesh / WikiCommons

Towards a More Inclusive India: Advocacy and Action

Progress requires collaborative efforts across sectors. Government initiatives like the 'Support for Marginalized Individuals for Livelihoods and Enterprise (SMILE)' scheme and the Ayushman Bharat TG Plus Scheme aim to address economic and health needs of the community. States like Tamil Nadu and Kerala have introduced more progressive policies, including housing and job schemes tailored to transgender individuals.

Civil society organizations remain the lifeblood of the movement. Groups like the Sahodari Foundation, Humsafar Trust, Naz Foundation, and others provide on-the-ground support, policy advocacy, and community organizing. Their work emphasizes not only access and inclusion, but empowerment and dignity.

A truly effective agenda for change must include:

  • Amending the 2019 Act to ensure self-identification without medical preconditions, introduce marriage equality provisions, and equalize penalties for violence.

  • Removing bureaucratic barriers to healthcare access under existing schemes.

  • Streamlining the process for gender-congruent identity documentation.

  • Enacting inclusive, anti-bullying educational reforms and sensitizing educators.

  • Creating public employment quotas and skill development pipelines for trans individuals.

  • Supporting public awareness campaigns grounded in India’s inclusive spiritual heritage.

  • Embedding welfare-based analysis in all judicial and policy decisions, particularly acknowledging the intersections of caste, class, and gender.

Upholding Human Rights, Embracing Our Shared Humanity

India’s journey toward transgender equality is far from complete. Legal victories remain undermined by weak implementation, systemic neglect, and enduring social stigma. Yet, the struggle continues—and with it, a profound opportunity: to build a society that embodies the inclusive, pluralistic spirit of our ancient traditions.

We must recognize that trans rights are human rights. And more than that—they are a mirror held up to society’s willingness to extend dignity, care, and justice to the most marginalized. Supporting the transgender movement today is an act of collective liberation. The reforms it calls for—equitable access to healthcare, legal recognition of relationships, protection from violence, and the freedom to live without fear—will strengthen justice for all.

To walk this path is to walk in the direction of dharma, not as a static code, but as an evolving commitment to truth, compassion, and the flourishing of every soul.

Sources and Statistics That Expose Systemic Discrimination

  • The literacy rate is around 56%, compared to approximately 74% nationwide (Census 2011). (Drishti IAS, Medium)

  • Up to 50–60% never attended school; 52% harassed by classmates, 15% by teachers, leading many to drop out. (Outlook India)

  • 92–96% excluded from economic participation; very high unemployment and forced into low-wage, insecure, or stigmatized work. (ForumIAS, Outlook India, Reddit)

  • Only 6% employed in private sector or NGOs. (Outlook India, ForumIAS, Medium)

  • In Uttar Pradesh/NCR: ~15% had no job, 69% worked in the informal sector, 53% earned < ₹10,000/month. (Indiaspend)

  • 27% denied medical care due to gender identity. (Drishti IAS, ForumIAS)

  • The police harassed 52%; 96% did not complain due to the stigma. (Indiaspend)

  • Identity certification is slow: only 65% of ID applications processed by deadline as of Dec 2023; over 3,200 were delayed. (Drishti IAS, ForumIAS)

  • Only 16.6% had an Aadhaar card in a UP sample—highlighting major documentation gaps. (Reddit)

  • Suicide rate ~31%, with half of those attempting before age 20. (NCBI)

  • 46% reported non-suicidal self-injury at some point; 28.7% currently doing so. (NCBI)

David Kalal
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