Trans People Deserve Better

Syllabus: GS1/Social Issues

Context

• Transgender individuals in India remain disconnected from policy promises and continue to face systemic neglect, as the lack of inclusive, enforceable, and humane policies results in a persistent denial of dignity.

About the Trans People in India

• Transgender people are considered a gender minority in India due to their distinct identity, historical marginalization, and systemic exclusion from mainstream social, economic, and political life.
• Census (2011): Over 4.87 lakh individuals identified as transgender, under the ‘Other’ gender category.

Legal Recognition and Constitutional Backing

• NALSA v. Union of India (2014): The Supreme Court of India recognized transgender persons as the ‘third gender’, affirming their fundamental rights under Articles 14, 15, 16, and 21 of the Constitution.
• The Transgender Persons (Protection of Rights) Act, 2019: It defines transgender identity broadly, including trans men, trans women, intersex individuals, and socio-cultural identities like hijra, aravani, and jogta.
  • It prohibits discrimination in education, employment, healthcare, and access to public goods.
• Ancient Indian texts refer to trans identities as tritiyaprakriti (third nature), showing cultural recognition.

Issues Faced By Trans People

• Systemic Marginalization and Social Exclusion: Internalized stigma from early rejection by families; Interpersonal stigma through bullying, harassment, and violence; Structural stigma in education, employment, healthcare, and housing;
  • These barriers result in high dropout rates from schools; limited access to formal employment; and vulnerability to homelessness, begging, and unsafe work conditions;
• Lack of Representation and Access: The absence of trans voices in legislative bodies perpetuates blind spots in policymaking.
  • Without representation in Parliament, State Assemblies, and local councils, the needs of gender minorities remain footnotes rather than focal points.
• Health and Well-being: NACO highlights the vulnerability of transfeminine individuals to HIV and mental health challenges.
• Social Stigma & Violence: Many trans persons are forced into begging or sex work due to exclusion. Incidents of violence and harassment remain frequent.
• Legal Challenges: Requiring proof of gender reassignment for recognition in the Transgender Persons (Protection of Rights) Act, 2019, contradicting the self-identification principle of NALSA.

Related Government Initiatives

• SMILE Scheme (Ministry of Social Justice and Empowerment): It aims to support transgender persons and those engaged in begging. It includes:
  • Shelter homes called Garima Greh;
  • Skill development and education programs;
  • Medical and psychological support;
  • Financial assistance for entrepreneurship;
• National Portal for Transgender Persons: It facilitates ID cards and certificates, enabling access to government services.
• Equal Opportunities Policy for Transgender Persons (2024): It was issued by the Union Ministry of Social Justice and Empowerment, aiming to:
  • Prohibit workplace discrimination;
  • Ensure fair recruitment, promotion, and training;
  • Establish grievance redressal mechanisms;
• State-Level Policies – Kerala, Tamil Nadu, and Karnataka have dedicated transgender welfare boards, pensions, and scholarships.

Three Urgent Priorities

• Education: Scholarships, inclusive curricula, and anti-bullying protocols must ensure no child is bullied out of school.
• Healthcare: Affordable, state-supported gender transition and mental health services are not luxuries; they are survival tools.
• Employment and Housing: Anti-discrimination laws and rental protections must be enforced with penalties. Inclusivity must be visible in payrolls and property deeds.

Road Ahead

• Ensure implementation of existing laws without gatekeeping;
• Promote inclusive education and employment;
• Sensitize society through media, curriculum, and public discourse;
• Guarantee safety and dignity in public spaces;

Source: TH