Article

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Historical Developments, RESEARCH REVIEW International

Journal of Multidisciplinary
Challenges, Legal Rights, and Double-blind peer-reviewed and
refereed online Journal
Current Status of Transgender 9(4) 32-41, 2024
Communities in India ©The Author(s) 2024
DOI: 10.31305/rrijm.2024.v09.n04.005
https://rrjournals.com/

Date of Publication: 15th April, 2024

*
N. Pautunthang

Research Fellow, Institute for Social and Economic Change, Bengaluru-560072

Abstract: The presence of transgender groups in India holds considerable cultural and historical
significance. Despite their longstanding presence in Indian society, comprehensive data on their socio-
economic status remains scant, with the 2011 Indian Census marking a notable first step in enumerating
the transgender population. This community grapples with multifaceted challenges, including familial
rejection, limited educational and employment opportunities, and widespread discrimination. The
prevailing social stigma and lack of acceptance often lead to exclusion from mainstream society,
perpetuating cycles of poverty, illiteracy, and vulnerability. Addressing the complex challenges faced by
transgender communities requires concerted efforts from policymakers, civil society, and the broader
community to foster awareness, challenge societal norms, and implement inclusive policies that uphold
their rights and dignity. Embracing diversity, promoting inclusivity, and fostering equitable opportunities
are essential steps towards creating a society where transgender individuals can live with dignity, respect,
and equal opportunities.

Keywords: Transgender Individuals, Socio-Economic Challenges, Societal Stigmatization, Policy

Implications, Inclusivity and Equity

1 | INTRODUCTION
Transgender individuals are individuals whose gender identification deviates from the biological sex
they have been assigned (Saeidzadeh, 2023). This deviation from societal norms challenges
conventional notions of gender, which frequently classify individuals solely as male or female
according to their biological sex (Malpas et al., 2022). Transgender individuals can present themselves
as a gender that differs from the sex they were assigned at birth. For instance, a transgender woman
who was assigned male at birth but identified as female, or a transgender man who was assigned
female at birth but identified as male (Gupta, 2022). Specific transgender individuals may not adhere
completely to the traditional gender binary, perceiving themselves as living beyond the confines of
either male or female (N. M. Naik et al., 2023).

Throughout history, transgender people have existed in various societies, though they have often been
marginalised and misunderstood. While the terminology and understanding of transgender identities

*Corresponding Author 32
N. Pautunthang, Research Fellow, Institute for Social and Economic Change, Bengaluru-560072
Email: naulakzomi@googlemail.com

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 RESEARCH REVIEW International Journal of Multidisciplinary 9(4)

have evolved, the challenges faced by transgender individuals remain prevalent, especially in societies
that are not accepting or understanding of gender diversity. Transgender individuals in India are
considered members of the wider LGBT community, encompassing individuals who identify as lesbian,
gay, bisexual, and transgender (Mandal, 2020).

Despite their historical presence, transgender individuals in India continue to face significant legal,
social, and economic challenges. Discrimination and stigma persist, leading to social isolation,
harassment, and limited access to education, employment, and healthcare services (N. Naik, 2019).
Many transgender individuals in India are forced into marginalised roles within society, such as
performing at weddings or engaging in sex work, due to limited opportunities and societal prejudices.
Additionally, they often face harassment from law enforcement agencies and the broader community,
further exacerbating their vulnerability and marginalisation (Sahoo, 2022).

While transgender individuals have always been a part of society, their acceptance and recognition
continue to be hindered by societal biases and prejudices.

2 | OBJECTIVES
• To understand the present situation of transgender in India.
• To understand the rights of Transgender in India.
• To investigate the challenges faced by transgender communities in India.

3 | MATERIALS AND METHODS

This study relies on secondary data gathered from various sources to examine the challenges faced by
transgender individuals in India. The study obtained Demographic data from the Census of India,
which provides insights into the relevant information about transgender individuals in the country.
Additionally, it reviewed Official documents and policy papers related to transgender rights and issues
in India. Research reports and studies conducted by non-governmental organisations (NGOs) and
human rights organisations provided various perspectives on transgender issues in India. Finally, the
study consulted academic journals, newspapers, and magazines that cover topics relevant to
transgender rights, discrimination, and social issues in India.

4 | HISTORICAL BACKGROUND
The presence of transgender individuals in Indian society can be traced back to ancient times, with
both history and mythology offering evidence of their integral role in cultural and religious practices.
Ancient Indian texts and scriptures mention the existence of a "third sex," individuals who do not
strictly conform to male or female gender roles. These texts recognise the unique identity of
transgender individuals and their participation in various rituals and traditions, often without their
active participation (Goswami & Karmakar, 2018).

Hindu mythology, in particular, provides numerous instances of transgender or non-binary characters,

showcasing the fluidity of gender identities. For instance, Shikhandi from the Mahabharata is a
prominent transgender figure. At the same time, Aravan or Iravan, the son of Arjuna, is considered an
essential character who is believed to represent the ancestry from which transgender people are born.
Additionally, Lord Ayyappa, a revered deity in South India, is believed to be the offspring of a
homosexual union between two male gods, Shiva and Vishnu (Yamini, 2021).

These stories and characters are widely accepted and well-regarded by millions of Hindu devotees,
highlighting the Hindu religion's relatively progressive stance on transgenderism and homosexuality
compared to some other global religions. The concept of divine entities encompassing male, female,
and gender-neutral attributes is embraced without prejudice in Hinduism (Kumar & Singh, 2022).

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The status and acceptance of transgender individuals faced challenges during the British colonial
period. In the 18th century, the British administration introduced laws and regulations that marginalised
and stigmatised transgender communities. The criminalisation of penile-non-vaginal sexual actions
between humans was introduced under Section 377 of the Indian Penal Code in 1860. This legislation
had a disproportionate impact on transgender and LGBT populations (Shahab & Husain, 2020).

Furthermore, the Criminal Tribes Act of 1871 (CTA) subjected transgender individuals to surveillance
and control, labelling them as "habitual criminals" and "sexual deviants." Colonial-era laws and
regulations aimed to eliminate the presence of transgender groups and weaken their societal status
(Kumar & Singh, 2022). Although Section 377 was repealed in 1949 when India gained independence,
the legacy of mistrust and prejudice against the transgender population lingered (Chatterjee, 2018).
Despite historical recognition and acceptance, transgender individuals continue to face legal, social,
and economic challenges in contemporary India, underscoring the need for continued advocacy and
policy reforms to ensure their rights and dignity.

5 | PREVALENCE OF TRANSGENDER COMMUNITIES IN INDIA

Historically, the Indian census did not recognise the third gender, i.e., transgender individuals, when
collecting demographic data. However, there was a significant shift in the Census of 2011, where data
on transgender individuals were collected under the category of "Others" within the Gender section,
providing insights into their employment, literacy, and caste details (Singh & Bajpai, 2022).

Table 1 presents the transgender population across various states and union territories in India based
on the 2011 census data. The total transgender population in India was recorded at 4,87,803
individuals.

Uttar Pradesh topped the list with the highest transgender population, comprising 1,37,465
individuals. Bihar followed with a transgender population of 40,827. West Bengal ranked third with
30,349 transgender individuals. On the other hand, the Union Territory of Lakshadweep reported the
lowest transgender population, with only two individuals identified as transgender.

These figures highlight the significant variations in the transgender population across different regions
within India. While some states and union territories have a relatively higher transgender population,
others have a much smaller number.

Table 1: Transgender Population in States and Union Territories of India, 2011

States/UT Transgender Population
Jammu and Kashmir 4,137
Himachal Pradesh 2,051
Punjab 10,243
Chandigarh 142
Uttarakhand 4,555
Haryana 8,422
Delhi 4,213
Rajasthan 16,517
Uttar Pradesh 1,37,465
Bihar 40,827
Sikkim 126
Arunachal Pradesh 495
Nagaland 398
Manipur 1,343
Mizoram 166

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Tripura 833
Meghalaya 627
Assam 11,374
West Bengal 30,349
Jharkhand 13,463
Odisha 20,332
Chhattisgarh 6,591
Madhya Pradesh 29,597
Gujarat 11,544
Daman and Diu 59
Dadra and Nagar Haveli 43
Maharashtra 40,891
Andhra Pradesh 43,769
Karnataka 20,266
Goa 398
Lakshadweep 2
Kerala 3,902
Tamil Nadu 22,364
Puducherry 252
Andaman & Nicobar 47
INDIA 4,87,803
Source: Registrar General of India, Census of India, 2011

6 | CONSTITUTIONAL PROVISIONS FOR TRANSGENDER PERSONS IN INDIA

India's Constitution enshrines a comprehensive framework of Fundamental Rights, ensuring equality,
dignity, and justice for all citizens. Transgender individuals, like all other citizens, are entitled to these
fundamental rights. Here is an overview of the critical constitutional provisions relevant to transgender
rights:

Right to Equality
Every person in India is granted equality before the law and equal protection of laws (Agarwal, 2017).
The term "any person" encompasses transgender individuals, ensuring they are not discriminated
against based on their gender identity. Transgender individuals are entitled to the same legal
protections and rights as cis-gender individuals.

Equality of Opportunity and Right against Discrimination

Articles 15 and 16 of the Indian Constitution prohibit discrimination based on "sex," which includes
gender identity (Hotchandani, 2017). The Constitution allows for special provisions to uplift socially and
educationally backward communities, including transgender individuals. These provisions and the
Directive Principles of State Policy and international instruments emphasise social equality and the
need for equal opportunities for transgender individuals (Anusha & Hunnur, 2019).

Right to Privacy, Self-Identity, and Personal Integrity

The right to freedom of speech and expression, which includes the ability to express one's gender
identity, is guaranteed by Article 19(1) (a) (Gupta, 2022). Transgender individuals have the right to
express their feelings, behaviour, and personality without state interference, as protected by Article
19(1) (a) (Agarwal, 2017).

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Right to Life with Dignity

Article 21 protects the right to life and personal liberty, which includes the right to choose one's
gender identity. Transgender individuals have the right to live a dignified life free from discrimination
and violence (Hotchandani, 2017).

Right against Exploitation

Article 23 prohibits human trafficking, forced labour, and other forms of exploitation (Yamini, 2021).
Transgender individuals often marginalised and economically vulnerable, are protected from
exploitation and have the right to personal development and freedom from degrading practices.

These constitutional provisions aim to safeguard the rights and dignity of every citizen, including
transgender individuals, ensuring their full inclusion and participation in society.

Transgender Persons (Protection of Rights) Act of India

The introduction of the Transgender Persons (Protection of Rights) Act 2019 signifies a noteworthy
achievement in acknowledging and safeguarding the rights of transgender individuals within the
Indian context (Bhattacharya et al., 2022). The route towards this legislation began with the historic
National Legal Services Authority (NALSA) verdict handed by the Supreme Court of India on 15 th April
2014. This verdict affirmed the rights of transgender persons, including their ability to self-identify their
gender and access to numerous benefits and protections (Wamane, 2020).

7 | KEY DEVELOPMENTS LEADING TO THE ACT

Rights of Transgender Bill, 2014
The Supreme Court has issued a directive to the government mandating the legal recognition of a
"third gender" and providing additional safeguards and advantages, such as reservations in education
and work (Mhatre et al., 2024). The Rajya Sabha introduced the Rights of Transgender Bill 2014 in
response to the NALSA judgement (Sethi, 2018). Nevertheless, the 2014 Bill encountered opposition
from the transgender community and activists due to its delineation and stipulations (Saria, 2019).

Rights for Transgender Persons Bill, 2015

The government implemented the Rights for Transgender Persons Bill, 2015, as a response to the
objections raised, removing specific elements from the 2014 Bill (Rao, 2017).

Transgender Persons (Protection of Rights) Bill, 2016

This law was introduced in the Lok Sabha on 2nd August 2016, but it also drew criticism from activists
and the transgender communities (Sawant, 2017).

Transgender Persons (Protection of Rights) Act, 2019

On 17th December 2018, the Lok Sabha approved a modified version of the Bill, which included 27
revisions (Singh & Upadhyay, 2023). These amendments included an enhanced definition of a
transgender individual (Saeidzadeh, 2023). In 2019, this amended Bill was enacted as the Transgender
Persons (Protection of Rights) Act, 2019, consisting of nine clauses and 23 sub-clauses (Pinki et al.,
2020).

Transgender Persons (Protection of Rights) Rules, 2020

In August 2020, the Central Government constituted the National Council for Transgender Persons to
oversee the implementation of the Act. The Council is chaired by the Union Minister of Social Justice &
Empowerment and includes various stakeholders to ensure comprehensive representation (Mehta,
2021).

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Published in the Gazette of India on 29th September 2020, this rules aim to recognise the identity of
transgender individuals and prohibit discrimination in various sectors, including education,
employment, healthcare, property rights, public office, and access to public services and benefits.
While the Transgender Persons (Protection of Rights) Act 2019 is a significant step towards ensuring
the rights and dignity of transgender individuals in India, its successful implementation remains difficult
(Jeet & Shankar, 2023).

8 | RESERVATIONS POLICY FOR TRANSGENDER PERSONS IN INDIA

The issue of reservations for transgender persons in employment opportunities has been a significant
aspect of the legislative efforts to ensure their socio-economic inclusion and empowerment. The Bill
introduced by Tiruchi Siva in 2014 aimed to address this by proposing reservations for transgender
persons in various sectors.

The Bill introduced by Tiruchi Siva and passed in the Lok Sabha in 2015 included a provision under
clause 22, which mandated a 2 per cent reservation for transgender persons in employment
opportunities across all sectors under the appropriate government. The reservation policy strives to
alleviate the historical marginalisation and discrimination encountered by transgender individuals by
providing them with equal opportunities in work (Bandopadhay, 2020). Including transgender persons
in the reservation policy fosters diversity and representation in numerous sectors, building an inclusive
and equitable society.

The inclusion of a 2 per cent reservation for transgender persons in employment sectors through
legislative measures is a positive step towards promoting their socio-economic inclusion and
empowerment.

9 | PROBLEMS FACED BY TRANSGENDER COMMUNITIES IN INDIA

The challenges faced by transgender communities in India are multifaceted rooted in societal norms,
cultural prejudices, and systemic discrimination. These challenges span various aspects of life, from
social exclusion and discrimination to economic hardships and healthcare disparities (Anusha &
Hunnur, 2019). Here is a concise summary of the problems faced by transgender individuals in India:

Marginalisation and Social Exclusion

Transgender individuals often face societal stigma and discrimination, leading to marginalisation and
exclusion from family, community, and public spaces. Discrimination begins early in life and affects
their self-confidence, self-esteem, and mental well-being (Lal, 2023).

Harassment in Educational Institutions

Transgender students encounter bullying, discrimination, and lack of support in educational settings,
leading to high dropout rates (Das, 2019). The literacy rate among transgender individuals is
significantly lower than the general population, impacting their educational and employment
opportunities (Nehru & Sarmah, 2021).

Discrimination in the Workplace and Economic Challenges

Transgender individuals face employment discrimination, leading to limited job opportunities, low-
paying jobs, and economic instability. Discrimination in hiring, unequal pay, lack of job security, and
workplace harassment are common issues faced by transgender employees (Mittra, 2017).

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Homelessness
Many transgender individuals face homelessness due to family rejection and societal discrimination.
Transgender homeless individuals often experience abuse, harassment, and lack of access to safe and
inclusive shelters (More, 2021).

Healthcare Barriers
Transgender individuals have obstacles when it comes to receiving healthcare services, such as
hormone therapy, gender-affirming procedures, etc (Pandya & Redcay, 2021). Limited availability,
affordability, and insurance coverage for gender-affirming treatments and services exacerbate
healthcare disparities (A. K. & M. V., 2020; Arora, 2021).

Psychological Distress
Transgender individuals experience psychological suffering, such as sadness, anxiety, and suicidality,
as a result of the stigma, discrimination, and societal rejection they encounter (Jayadeva, 2017).
Bullying, physical and verbal attacks, and homophobic stress further impact their mental health and
well-being.

10 | CONCLUSION
Transgender individuals in India confront a myriad of challenges, encompassing education,
employment, healthcare, and societal acceptance. The discrimination and marginalisation they face in
these areas are further compounded by unique health needs, including gender dysphoria and
hormone therapy, as well as mental health concerns stemming from societal stigma.

The Transgender Persons (Protection of Rights) Act of 2019 represents a pivotal step towards
safeguarding the rights and dignity of transgender individuals by recognising them as a third gender
and prohibiting discrimination across various domains (Chatterjee, 2018). However, the effective
implementation of this legislation necessitates a collective effort from society, policymakers, and
authorities to foster an inclusive environment that respects and upholds transgender rights.

It is incumbent upon the public and authorities to challenge and transform prevailing attitudes towards
transgender individuals, fostering a culture of acceptance, respect, and equality. Awareness campaigns
can play a crucial role in dispelling misconceptions and building empathy and compassion towards the
transgender community (Jain, 2018). Moreover, there is an imperative need to address the
underreporting of transgender individuals due to societal stigma and discrimination, ensuring that they
feel safe and empowered to disclose their identities without fear of retribution.

Enhancing educational opportunities and promoting literacy among transgender individuals are
crucial steps towards their empowerment and inclusion in mainstream society. Education catalyses
advancement, helping transgender individuals obtain better work prospects, break the cycle of
poverty, and contribute positively to society.

In conclusion, embracing diversity, challenging societal norms, and fostering inclusivity are essential for
creating a society where transgender individuals can live with dignity, respect, and equal opportunities.
By advocating for their rights, spreading awareness, and fostering an inclusive atmosphere, we can all
contribute to building a more equal and compassionate society.

11 | RECOMMENDATIONS
To foster a more inclusive and equitable society for transgender individuals in India, the following
recommendations are proposed:

Public Awareness and Sensitisation

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Launch comprehensive awareness campaigns to educate the public about transgender rights, dispel
myths and misconceptions, and foster empathy and understanding towards the transgender
community.

Education and Literacy Promotion

Promote educational opportunities and literacy programs targeted to the requirements of transgender
individuals to equip them with knowledge, skills, and resources for personal and professional growth.

Healthcare Access and Affordability

Improve access to inclusive and culturally competent healthcare services, including hormone therapy,
gender-affirming procedures, and mental health assistance, by removing barriers such as cost,
prejudice, and lack of awareness among healthcare professionals.

By implementing these recommendations, stakeholders can help create a more inclusive, respectful,
and equitable society where transgender individuals can live with dignity, access equal opportunities,
and engage fully in community life.

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Author’s Biography: ____________________________________________________________________________

N. Pautunthang received his Master of Science in Geography and Resource
Management from Mizoram University, Aizawl, Mizoram, India. He obtained his M.
Phil in Population Studies from the International Institute for Population Sciences,
Mumbai, Maharashtra, India. He qualified for UGC NET in Geography and UGC
NET/JRF in Population Studies. He has worked as a Project Officer at the International
Institute for Population Sciences (Deemed University), Mumbai, Maharashtra, India
and as a Research Fellow at the Institute for Social and Economic Change (affiliated
with the University of Mysore), Bengaluru, Karnataka, India.

How to Cite this article? _________________________________________________________________________

Pautunthang, N. (2024). Historical Developments, Challenges, Legal Rights, and
Current Status of Transgender Communities in India. RESEARCH REVIEW
International Journal of Multidisciplinary, 9(4), 32–41.
https://doi.org/10.31305/rrijm.2024.v09.n04.005

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