SC Forms Panel on Transgender Persons

Syllabus: GS1/Social Issues

In News

• The Supreme Court set up a committee under former Justice Asha Menon to formulate an equal opportunity policy for transgender individuals and to suggest measures for inclusive medical care and protection for gender non-conforming and gender-diverse persons.

Supreme Court’s Recent Observations 

• SC highlighted systemic barriers in employment, healthcare, education, and public institutions, including the lack of a ‘third gender’ option and the expectation for transgender individuals to conceal their identity, violating their dignity under Article 21.
• Exercising powers under Article 142, the Court mandated the designation of appellate authorities under Rule 9, creation of welfare boards in all states and UTs, and establishment of Transgender Protection Cells under district magistrates and DGPs.
• It also called for a nationwide toll-free helpline and recommended safeguards such as ensuring no transwoman is arrested without a female officer present.
• It also urged all public and private institutions to foster gender-inclusive environments and suggested gender-diverse screening points at public venues to ensure dignity and safety for transgender individuals.

Challenges Transgender Facing

• Institutional gaps in implementing the Transgender Persons (Protection of Rights) Act, 2019 and Rules.
• Lack of data and representation in policymaking.
• Healthcare discrimination, including denial of gender-affirming treatment.
• Workplace barriers and lack of sensitivity training.
• Social stigma and violence against trans persons, especially in rural areas.

Steps Taken To Improve the Lives of Transgender Persons

• The Transgender Persons (Protection of Rights) Act, 2019 affirms the right to self-perceived gender identity and mandates inclusive, non-stigmatizing welfare schemes to ensure dignity, non-discrimination in education and employment, and access to healthcare for transgender individuals.
  • To implement the Act, the 2020 Rules were enacted, and a National Council for Transgender Persons was established to advise the government, monitor policy impact, and coordinate efforts across departments and NGOs. 
• NALSA (2014): Recognized transgender persons as a third gender and affirmed self-identification, forming the jurisprudential basis for reservations and affirmative measures.
• National Portal for Transgender Persons: Enables online applications for identity certificates and cards to reduce friction and physical interface in accessing rights.
• SMILE scheme: Government program aimed at comprehensive welfare and rehabilitation support for transgender persons, including livelihood and social security components.

Way forward 

• Replace gatekeeping with self-identification pathways and streamline ID processes to prevent exclusion from benefits and services.
• Appoint complaint officers, implement reasonable accommodation, and operationalize Protection Cells with measurable timelines and accountability.
• Adopt the Equal Opportunity Policy nationwide, embed anti-discrimination and accommodation norms in education and employment, and ensure effective grievance redress with penalties for non-compliance.

Source: TH