by In a democratic society that prides itself on equality and dignity, equitable treatment of transgender persons is a core test of its constitutional ideals. As of early 2025, approximately 0.6 percent of adults in the United States identify as transgender—about 1.3 million people—in a cohort that is notably younger than the overall population. India, with a recorded 4.88 lakh “third gender” individuals in the 2011 census, is likely well undercounted, and many transgender people remain politically, economically, and socially invisible. Despite constitutional recognition—including the NALSA judgment in 2014, which granted legal “third gender” status and affirmed self‑identification rights—the daily reality for many transgender persons remains fraught with violence, exclusion, and institutional neglect. The time to reform is now; transforming society begins with removing barriers to transgender lives.
The Issue, with Data
1. Outdated laws and symbolic rights
India’s Transgender Persons (Protection of Rights) Act, 2019 is often criticized by activists for criminalizing begging and setting low penalties for violence—punishments that do not match the severity of assaults, and worst still, exclude sexual violence from rape laws. Indeed, with the Bharatiya Nyaya Sanhita removing gender-inclusive definitions of rape, many transgender assault survivors may now receive lesser charges under “grievous hurt” category, stripping them of justice.
2. Violence is endemic and underreported
Although the NCRB reported only one case of offence under the Transgender Act in 2022—registered in Tamil Nadu—it also recorded only nine transgender victims of homicide and virtually no rape or assault cases. These figures stand in sharp contrast to widely cited investigations showing over 92% of trans individuals in Jharkhand reporting verbal or physical abuse, typically by police or community members . According to victims and experts, distrust of police and bureaucratic stigma ensure trauma remains buried.
3. Governance-focused schemes forestalled by poor implementation
Rule mandates for Transgender Protection Cells across every state exist, yet as of late 2024, only 11 of India’s 36 states/UTs had implemented them. Similarly, ₹30 crore allocated to a transgender welfare fund was spent at a mere ₹12 lakh—just 0.4% of its budget—for FY 2022‑23.
4. Barriers to identity, education, employment and healthcare
Over 3,200 applications for transgender identity certificates have been pending for over 30 days—even when law requires issuance within that period. As a result, many lack official documents to access jobs or welfare. Studies estimate that only 6% of trans individuals in India are employed in formal sectors, while the majority are excluded from education early in life and pushed into begging or sex workt.
5. Global pushback and converging democracy under threat
The number of anti-trans bills introduced in US legislatures in 2024 was over 701, with 51 passed across 17 states, including blanket bans on gender-affirming care and youth sports participation. Meanwhile sixteen U.S. states and the District of Columbia sued the federal government over executive orders denying gender-affirming care to minors. The message is clear: even where legal recognition exists, political and social backlash can erode rights overnight.
The Way Forward: Transformative Reforms for Inclusion
| Area | Key Reforms Needed |
|---|---|
| Law & Justice | 1.Amend Bharatiya Nyaya Sanhita to re‑incorporate gender‑neutral rape provisions. 2. Replace petty offences in TPG Act with higher penalties for assault, and repeal criminalization of traditional livelihood activities. 3. Mandate functional Transgender Protection Cells in all states, with district-level linkages, case-tracking and quarterly reporting. |
| Identity, Documentation & Welfare | 4.Fully digitize the Transgender Certificate Portal to enforce 30‑day processing, including automated appeal for delays. 5. Expand Garima Greh, SMILE, and Ayushman Bharat cover to include subsidised gender-affirming care, food, and safe housing. |
| Education & Employment | 6.Introduce mandatory diversity quotas in government jobs and public enterprises. 7. Train and sensitize employers; integrate transgender rights into corporate DEI policies with penalties for discrimination. |
| Policing & Accountability | 8.Incorporate transgender rights modules into police academy curricula, including third-gender sensibility workshops and zero-tolerance for misgendering, harassment, or refusal to register complaints. 9. Fast-track complaints via legal aid support and anti-discrimination tribunals. |
| Culture & Visibility | 10.Launch public education campaigns in schools, colleges, and media—women’s rights huts, local administration, and district-level festivals—to increase awareness and reduce prejudice, modeled on the Bhubaneswar “Sweekruti” shelter‑home initiative . 11. Encourage sports federations to include transgender categories and allow player self‑identification. |
Conclusion
Transgender justice remains one of the most compelling litmus tests for modern democracy. Legal pronouncements recognizing “third gender” status, self-identification, and constitutional equality are no substitute for lived inclusion. Without a more practical, rights-affirming system—including high‑impact legal reforms, fully funded welfare, robust institutions and cultural change—transgender people will continue to be outcasts in their own communities.
Democracy must mean more than the right to vote or hold office; it must ensure dignity for all bodies. In 2025, as global attacks threaten to roll back hard-won transgender rights, India has an opportunity to lead: to build institutions that don’t just tolerate difference, but foster it. A society that taxes itself to insult itself will never heal—but a society that funds access, justice, and education for all genders just might. To transform society is to transform its legal architecture, its empathy, and its financial commitments. Legal rights without implementation are only paper promises. The time has come to live up to them.
