Indian Transgender Social Issues: Between Recognition and Reality

New Delhi : In the bustling streets of Delhi, it is not unusual to find a group of hijras—India’s oldest transgender community—blessing newborns at a family celebration or appearing at traffic signals seeking alms. For centuries, they have lived on the fringes of society, both visible and invisible. Despite India’s progress in technology, economy, and global recognition, the transgender community continues to face systemic discrimination, social stigma, and limited opportunities for mainstream integration.

In 2014, the Supreme Court’s landmark NALSA v. Union of India judgment recognized transgender persons as a “third gender,” affirming their constitutional rights to equality, dignity, and freedom. The judgment was hailed as a historic turning point. Later, the Transgender Persons (Protection of Rights) Act, 2019 attempted to institutionalize these rights. Yet, more than a decade later, the lived reality of transgender individuals often tells a different story—one of continued marginalization, unemployment, healthcare neglect, and violence.

This article delves into the historical background, current challenges, and possible solutions to the transgender social issues in India, drawing voices from activists, government officials, and members of the community themselves.

India’s relationship with transgender persons is complex. Ancient texts, myths, and folklore often recognized and respected gender diversity. In the Mahabharata, Shikhandi plays a crucial role in the Kurukshetra war, while Arjuna himself spends a year living as Brihannala, a transgender dance teacher. In temple traditions, hijras were seen as spiritually significant, their blessings believed to bring prosperity and fertility.

During the Mughal era, transgender individuals served as courtiers, guards, and advisors, often enjoying patronage and respect. However, with the advent of British colonial rule, attitudes changed drastically. The British criminalized the hijra community under the Criminal Tribes Act, 1871, branding them as “habitual offenders.” This legal stigma, coupled with social prejudice, forced transgender people into begging, sex work, and isolated living.

Post-independence, though the Criminal Tribes Act was repealed, the entrenched prejudice remained. For decades, transgender communities in India continued to be denied recognition, dignity, and basic human rights.

The NALSA judgment (2014) was a watershed moment. The Supreme Court recognized the right of every individual to self-identify their gender as male, female, or third gender. It directed governments to provide reservations in jobs and education, include transgender people in welfare schemes, and ensure protection from discrimination.

In 2019, the Transgender Persons (Protection of Rights) Act was passed. It prohibits discrimination in education, employment, healthcare, and access to public services. It also provides for the issuance of a certificate of identity by the government.

However, activists argue that the Act has several shortcomings:

• The requirement of a certificate of identity is seen as bureaucratic and violating the principle of self-identification.

• Punishments for crimes against transgender persons are often lighter compared to those for crimes against women.

• There is little clarity on implementation, especially regarding reservations in jobs and education.

As Grace Banu, a Dalit transgender activist, has often pointed out: “Recognition on paper is meaningless if it does not translate into dignity and opportunity in real life.”

Daily Struggles: Living Between Two Worlds

Despite legal recognition, transgender persons in India face multiple challenges that span across social, economic, and personal spheres.

Education

Access to education remains limited due to stigma, bullying, and lack of gender-sensitive policies. Many transgender children drop out of school early because of harassment by peers and sometimes even teachers. Although some state governments, like Tamil Nadu and Kerala, have introduced inclusive policies, the national picture remains grim.

Employment and Livelihood

A 2017 study by the National Human Rights Commission (NHRC) found that over 92% of transgender persons are deprived of participation in economic activities, forcing many into begging and sex work. Corporate inclusivity programs are growing, with companies like Tata Steel and Infosys hiring transgender employees, but these remain exceptions rather than the norm.

Housing and Social Security

Finding housing is another challenge. Landlords often refuse to rent to transgender persons. In urban slums, many transgender individuals live in overcrowded rented rooms, while in rural areas, they remain isolated from village communities. Government housing schemes rarely reach them.

Healthcare Access

Healthcare remains one of the most neglected areas. Transgender individuals often face ridicule and discrimination in hospitals. Gender-affirming surgeries are expensive and rarely covered under government health schemes. Mental health services are inadequate, leaving many vulnerable to depression and suicide.

Identity and Documentation

Getting official documents—like Aadhaar, PAN, or voter ID—updated with the correct gender identity is often a bureaucratic nightmare. Many transgender individuals face delays and rejections, which directly affects their ability to access welfare schemes and employment opportunities.

Social acceptance remains the biggest hurdle. Many transgender individuals are ostracized by their families, leading to homelessness at an early age. Within society, they are often ridiculed, feared, or fetishized. Violence is common—ranging from verbal abuse to physical assault.

Police harassment is another major concern. A Human Rights Watch report in 2016 documented multiple instances of police brutality, extortion, and wrongful arrests against transgender persons, especially those engaged in sex work.

As Laxmi Narayan Tripathi, a leading transgender activist, has said: “We don’t want pity or charity. We want respect, dignity, and equal rights like every other citizen of India.”

Despite the struggles, there are rays of hope. Several initiatives across India have tried to bring transgender persons into the mainstream.

• Education Initiatives: Kerala launched a “Transgender Policy” in 2015 and set up special schools for transgender children. Tamil Nadu established a welfare board for transgender persons as early as 2008.

• Employment Opportunities: Companies like Lalit Hotels, Godrej, and Tata Steel have started hiring transgender employees in various roles.

• Government Schemes: Some states provide free sex reassignment surgeries in government hospitals, pensions, and skill training programs.

• Representation in Politics: Transgender leaders like Shabnam Mausi and Joyita Mondal have contested elections, with Mondal becoming India’s first transgender judge.

• Cultural Shifts: Bollywood films such as Super Deluxe and Chandigarh Kare Aashiqui have started portraying transgender characters with more nuance, though stereotypes persist.

Media Representation: Between Stereotypes and Change

For decades, mainstream cinema portrayed transgender persons as comic relief or menacing villains. However, in recent years, a few films and web series have attempted sensitive portrayals, highlighting struggles of identity, love, and acceptance. Social media has also given transgender influencers a platform to amplify their voices, breaking stereotypes and building solidarity.

Yet, media coverage often sensationalizes transgender lives, focusing disproportionately on violence, begging, or sex work, rather than everyday aspirations like education, jobs, and family.

Future Challenges and Way Forward

While legal recognition has been achieved, implementation remains slow and uneven. Experts suggest:

1. Reservation in jobs and education to ensure real opportunities.

2. Gender-sensitive education to tackle bullying and discrimination from an early age.

3. Healthcare reforms, including free gender-affirming procedures and mental health support.

4. Police sensitization programs to prevent harassment.

5. Inclusive housing schemes for safe and affordable living.

6. Media responsibility to portray transgender persons beyond stereotypes.

The fight for transgender rights is not just about a minority—it is about redefining the idea of equality in India’s democracy.

Towards Dignity and Equality

The transgender community in India stands at a crossroads. On one hand, there is recognition, legal protection, and slow but steady inclusion. On the other, centuries of prejudice, structural barriers, and societal stigma continue to marginalize them.

As society debates economic reforms, digital growth, and global influence, the measure of India’s true progress will also lie in how it treats its most marginalized communities.

In the words of Akkai Padmashali, a transgender activist from Bengaluru: “Our struggle is not just for our rights—it is for the soul of Indian democracy.”

If India is to uphold its constitutional promise of equality, the inclusion of transgender persons cannot remain symbolic. It must be real, tangible, and transformative.