Transgender Rights in India

Why in News?

As the US imposes restrictions on gender-affirming services, India’s legal framework, including the NALSA judgment and the Transgender Persons Act (2019), offers a contrasting approach.

What is the definition of Transgender Persons?

• According to the Transgender Persons (Protection of Rights) Act, 2019, a transgender person is someone whose gender identity does not align with their sex assigned at birth. This includes,
• Hijras, Aravanis– Traditional transgender communities in India.( Legally recognized terms in India by the NALSA 2014).
• Trans men and Trans women – Individuals who identify with a gender different from their birth sex.
• Genderqueer and Non-binary – Those who do not conform to traditional gender categories.

What are the Constitutional and Legal Backing for Transgender Rights in India?

• Constitutional Provisions - Article 14 (Right to Equality) – Ensures transgender persons are treated equally under the law.
• Article 15 & 16 (Prohibition of Discrimination) – Bars discrimination based on sex and gender identity.
• Article 19 (Freedom of Expression) – Recognizes the right of individuals to express their gender identity.
• Article 21 (Right to Life and Dignity) – Affirmed in the NALSA judgment, upholding dignity and personal liberty for transgender individuals.
• Landmark Judgments - National Legal Services Authority (NALSA) v. Union of India (2014) - Recognized transgender people as a third gender.
• Directed the government to provide reservations in education and employment.
• Affirmed that gender identity is based on self-identification rather than medical tests.
• Navtej Singh Johar v. Union of India (2018) - Decriminalized homosexuality (Section 377 IPC), strengthening LGBTQ+ rights.
• Legal Framework - Transgender Persons (Protection of Rights) Act, 2019 - Prohibits discrimination in education, healthcare, employment, and housing.
• Provides the right to self-perceived gender identity.
• Establishes National Council for Transgender Persons for policy oversight.
• Other Legal Provisions - Mental Healthcare Act, 2017 – Provides transgender persons the right to mental health services without discrimination.
• SC/ST Prevention of Atrocities Act, 1989 (Amendment, 2015) – Hijra and transgender Dalits are often victims of caste-based violence.
• SMILE - Support for Marginalized Individuals for Livelihood and Enterprise - Welfare measures for both transgender persons and persons who are engaged in the act of begging.
• Sub-schemes
  • Central Sector Scheme for Comprehensive Rehabilitation for Welfare of Transgender Persons’ and
  • ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’.

What is the comparison of Transgender Rights in India and the U.S.?

• In Donald Trump’s administration, transgender rights faced significant restrictions in the US.
• The federal government recognized only male and female genders, denying transgender individuals the right to change gender on official documents.
• Federal funding for gender-affirming care was banned, and several states criminalized such treatments for minors.
• A military ban on transgender individuals was reinstated but later reversed.
• Transgender girls were barred from women’s sports, and discussions on gender identity were restricted in schools.
• Some states allowed businesses to deny services to transgender people, and workplace anti-discrimination protections were rolled back.

What are the challenges in implementing initiatives for Transgender Persons in India?

• Challenges in Accessing Healthcare - Lack of Specialized Medical Training – Doctors lack training in hormone therapy and gender-affirming surgeries.
• Social Stigma – Fear of discrimination in hospitals discourages transgender persons from seeking healthcare.
• Limited Government Support – Government hospitals offering gender-affirming surgery are minimal.
• Mental Health Issues – Transgender individuals face high levels of depression, anxiety, and suicide risk.
• What are the Challenges in Transgender Rights Implementation?

What is the way forward?

• Strengthening Legal Protections by Amending the 2019 Act to include reservations in education and employment.
• Implement Ayushman Bharat TG Plus scheme effectively.
• Introduce gender diversity programs in schools and colleges.
• Promote transgender entrepreneurship programs.
• Promote India as a medical tourism hub for gender-affirming surgeries.
• Encourage PPP (Public-Private Partnership) in transgender healthcare.

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Reference

The Indian Express | Transgender Healthcare