India’s Transgender Citizens
India is the world’s largest democracy, built on the values of equality, dignity, and justice. Yet, one of its most vulnerable communities continues to live on the margins: the transgender population. While the government has taken commendable steps in recent years, from landmark legislation to targeted welfare schemes, however, society’s mindset continues to lag. Laws may protect, but unless attitudes evolve, true inclusion will remain elusive.
For decades, transgender persons in India or rather in South Asia, were denied basic human rights, community has long been pushed aside. Most were pushed out of their homes, denied education, denied employment, and left to rely on begging or performing at ceremonies for survival. Many were subjected to stigma, physical abuse, and social isolation. Their identities were not even legally recognised for a long time, effectively erasing them from the mainstream social, economic, and political life of the country. According to the 2011 Census, 4.87 lakh individuals identified themselves as belonging to the ‘other’ gender category. This number is likely to be much higher today. But representation in schools, workplaces, higher education, and government institutions remains low. Simply put, they exist, but remain invisible.
The issue is how long it will take for our society to accept them, even though there have been some visible changes. Things began to change in 2014. The Supreme Court, in the” NALSA vs. Union of India” judgment, recognised transgender persons as the “third gender” that not only affirms but also gives equal right to self-identify their gender. This was a historic legal victory for the community.
From there came a series of reforms: The transgender persons (Protection of Rights) Act, 2019, enforced from January 2020, a national council for transgender persons, created on 21 August 2020 to advise the government and monitor progress, in addition, a national portal for transgender persons was launched on 25 November 2020, offering online certification and access to welfare schemes. As the Press Information Bureau notes, “Transgender persons are guaranteed equality, dignity and non-discrimination under Articles 14, 15, 19 and 21 of the Indian Constitution.” These reforms mark a strong legal foundation. But the real test lies ahead: how to change mindsets.
Policy on paper, problems in practice
Government schemes are growing and deserve recognition. The SMILE Scheme (Support for Marginalised Individuals for Livelihood and Enterprise), launched in February 2022, offers skill training, housing, and healthcare. 21 Garima Greh shelter homes have been set up across 17 states. Health insurance of ₹5 lakh per person, including gender-affirming procedures, is now offered under Ayushman Bharat TG Plus.
There are also Protection Cells and Welfare Boards to monitor offences, handle grievances and spread awareness. As of now, 20 Protection Cells and 25 Welfare Boards exist across states and union territories as reported by the Press Information Bureau in a recent feature. These are substantial steps. Few countries in the developing world have systems this organised. But the hard truth remains: many transgender persons still hesitate before entering a school, a bank, a hospital or even a public washroom. The law may protect them, but society still stares at them. Sometimes, individuals pass comments on the sidewalks or markets, making them more vulnerable and scared.
India has reached a point where its laws are ahead of its culture. Legal rights cannot alone change hearts. This is where education becomes as important as legislation. What needs to be done, and we all need to contribute a little for inclusion, that should not only be visible on paper, but on the ground, in society, like a normal happening and not a special favour. We all need to show a transgender student being treated with respect in a classroom. No industry or private firm should hesitate in hiring a skilled transgender adult for a job and not be rejected or underpaid because of their identity. Healthcare providers should receive sensitisation training, how to speak with a transgender patient with humanity, media portraying transgender persons with dignity, not stereotypes, families accepting children for who they are, instead of silence or forcing them to hide or leave home.
In addition, a massive awareness is needed in society. The RWAs and society in general need to be explained in simple words to treat them as part of the society. One needs to prepare and educate society at all levels. To begin with, I suggest, the compulsory awareness needs at three levels: schools (for early sensitisation), workplaces (for opportunity), and public services (for dignity in daily life). Society often sees transgender persons as “different.” But difference is not a threat. Diversity is natural. The real danger is discrimination. Until India sees identity as human, not as a category, progress will remain incomplete.
The real challenge is common: not legal inclusion, but social inclusion. As one activist puts it, “We do not need sympathy. We need normalcy.” The law has done its part. Now the daily habits of society must do theirs. There is growing visibility. Some appear in advertisements and social campaigns. But visibility is not the same as inclusion. Tokenism is easy. Real opportunity is harder. Corporations, universities, and government institutions must go beyond promises. Hiring transgender persons should not be seen as charity, but as part of building a modern workforce. The Ministry of Social Justice & Empowerment has issued an equal opportunities policy for transgender persons, aimed at employment and access to services. This is a start. But private organisations must do more. Diversity policies must move from HR documents to real hiring. Policy must not speak only about transgender persons, but with them. Representation matters. Voices matter. Conversations matter. Transgender persons do not simply need protection. They need participation.
The National Council for Transgender Persons includes community representatives. This is crucial. Policy cannot function without listening to those who live its consequences. India has written a new legal chapter. But society now needs to read it, slowly, carefully, and sincerely. Real change requires empathy, awareness and daily kindness. A respectful gesture in a classroom, a fair interview in an office or a welcoming tone in a hospital may not look historic, but for someone, it may change a life.
As the Press Information Bureau notes, recent legal reforms “have laid robust foundations for affirmative action, legal recognition and social protection of transgender persons.” The foundation is strong. But the building, the social structure, remains unfinished. A country is not judged only by its economic growth or its military strength. A true democracy is judged by how it treats its most vulnerable. If transgender citizens can live with dignity, opportunity, and safety, then India’s claim of progress will not be in words, but in reality. In conclusion, I must say that the demand is simple: respect, opportunity, and the right to live with one’s head held high. Not special treatment. Just equal treatment. That is not a favour. It is a right. And it is time society understood that.
Surinder Singh Oberoi,
National Editor Greater Kashmir
