INTRODUCTION

• Human rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language,
religion, or any other status.
• Transgender persons are also entitled to those basic rights deemed essential to live a dignified life.
• Transgender is an umbrella term that can be used to encompass people whose gender identity is different
from the gender ascribed at birth (Thawaney 2023).
• They are most vulnerable individuals who often faced discrimination and abuses both at public and private
place (primarily based on appearance).
• Gender discrimination is a phenomenon which has encompassed both space and time.
• Compared to male and female the third gender is more marginalized.
 L I T E R AT U R E
REVIEW
• As per data of Census 2011, 4.8 lakh persons have identified themselves as transgender persons.
• Only 40,000 transgender persons are registered as voters in India.
• According to the first study of NHRC on transgender, 99 percent of transgender have suffered social rejection on one or more than
one occasion, and 92 percent of transgenders are deprived of the rights to participate in any economic activity in the country.
• Studies (Mal and Mundu, 2023) emphasize large gaps in government data as reflected in Census 2011 when it comes to quantifying
TGs.
• Studies (Mal and Mundu, 2023) suggest that lack of socio-cultural acceptability hinders TGs identification causing closeted-ness.
• According to Cornish (2006), stigmatization and discrimination against TGs inhibit their participation in community interventions.
• Harel-Shalev’s (2013) thesis on TGs emphasizes that the effect of stigma, discrimination, and violence trickles down to multiple
aspects of life like education, employment, healthcare, and housing furthering their marginalization.
• Thawaney's study (2023) examines progress, challenges, policy interventions, and alignment with Sustainable Development Goals
(SDGs) for transgender inclusion in India. Despite legal advancements, socio-economic challenges and systemic inequalities
persist, hindering transgender inclusion.
OBJECTIVES
To study judicial interventions in protecting the rights of
transgender persons.

To analyze the existing laws, policies, schemes pertaining to transgender persons and
identifying the gaps therein.

To examine the right to health, education and employment of transgender

persons.

To give recommendations for effective protection and promotion of rights to

transgender persons in India.
 RESEARCH DESIGN &
METHODOLOGY
SECONDARY
PRIMARY SOURCES
SOURCES

CONSTITUTION OF INDIA, RELEVANT EXTENSIVE ANALYSIS OF EXISTING

LEGISLATION AND SCHEMES LITERATURE
x

QUANTITATIVE QUALITATIVE
DATA DATA

NATIONAL PORTAL FOR TRANSGENDER,

GOVERNMENT REPORTS AND
CENSUS OF INDIA, ELECTION COMMISSION
RESEARCH ARTICLES
OF INDIA
 HISTORICAL BACKGROUND OF
TRANSGENDERS
-ANCIENT INDIA & MUGHAL PERIOD
Transgender traced in Ancient Period :

VEDIC CIVILIZATION MAHABHARATA PATANJALI'S MAHABHAYA MANUSMRITI

Types of Devas of Music and Dance : Mughal Era and Eunuchs :

1. GANDHARVAS 2. APSARAS 3. KINNARS


COLONIAL
PERIOD
• British administration during colonial rule
sought to criminalize and deny civil rights to
the Hijra community.
• Colonial categorization of Hijras as a
separate tribe led to discriminatory laws like
the Criminal Tribes Act, 1871.
• Postcolonial perspectives reject objective
categorizations and definitions imposed by
Western thought.
• The Criminal Tribes Act targeted Hijras,
increasing surveillance, policing, and
restrictions on their lives.
P O S T- I N D E P E N D E N C E
SCENARIO
• Supreme Court recognizes transgender as third
gender.
• Government of India introduces welfare policies
including census, documentation, ID cards,
passports, and constitutional safeguards for
transgender individuals.
• Mahatma Gandhi National Rural Employment
Guarantee Act (MGNREGA) provides
employment opportunities for transgender
people.
• Karnataka Police Act amended in 2012 for
registration and surveillance of Hijras, similar to
provisions in the repealed Criminal Tribes Act,
1871.
 INDIAN CONSTITUTION MANDATES JUSTICE, SOCIAL, ECONOMIC, AND
POLITICAL EQUALITY FOR EVERY CITIZEN.

FUNDAMENTAL RIGHTS UNDER ARTICLES 14, 15, 16, AND 21 WERE DENIED
TO TRANSGENDER INDIVIDUALS.

ARTICLE 14 ARTICLE 16

ARTICLE 15
ARTICLE 21
TRANSGENDER'
S RIGHT UNDER
THE INDIAN
2014 NALSA JUDGMENT EMPHASIZED PROTECTING TRANSGENDER RIGHTS CONSTITUTION
UNDER INDIAN CONSTITUTION PRINCIPLES.

NALSA V. UNION OF INDIA CASE IS A SIGNIFICANT MILESTONE IN

RECOGNIZING TRANSGENDER RIGHTS AND PROMPTING LEGAL AND
POLICY REFORMS.
 O V E RV I E W O F L E G A L
LAN
UNDER THE TRANSGENDER PERSONS D S C AOF PRIGHTS)
(PROTECTION E ACT 2019 :

RECOGNITION OF NON-DISCRIMINATION
RIGHT OF RESIDENCE
IDENTITY

THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT 2019 SEEKS TO MITIGATE THE
STIGMA, DISCRIMINATION, AND ABUSE AGAINST THIS MARGINALIZED SECTION AND BRING
THEM INTO THE MAINSTREAM OF SOCIETY. IT WILL LEAD TO GREATER INCLUSIVENESS AND
WILL MAKE TRANSGENDER PERSONS PRODUCTIVE MEMBERS OF SOCIETY.

UNDER NATIONAL COUNCIL FOR TRANSGENDER PERSONS :

THE POWERS CONFERRED BY SECTION 16 OF ACT, THE CENTRAL GOVERNMENT CONSTITUTED A NATIONAL COUNCIL FOR TRANSGENDERS.

THE NATIONAL COUNCIL PERFORMS THE FOLLOWING FUNCTIONS:

ADVISORY FUNCTION MONITORING AND REVIEWS AND REDRESSES THE

EVALUATORY FUNCTION COORDINATES GRIEVANCES
 SMILE
( S U P P O RT F O R M A R G I N A L I S E D I N D I V I D U A L S F O R L I V E L I H O O D A N D
ENTERPRISE)

OTHER WELFARE
TRANSGENDER CERTIFICATE MEASURES
AND IDENTITY CARD

DEVELOPMENT AND COMPOSITE MEDICAL

TRAINING SKILL HEALTH

GARIMA GREH: RECOGNITION

SHELTER HOMES AND APPRECIATION

SOURCE :
HTTPS://TRANSGENDER.DOSJE.GOV.IN/APPLICANT/HOMEN/INDEX
 SOCIAL ASPECT AND POLICY ADVOCACY
• The Indian government has enacted laws and launched initiatives, such as the Transgender Persons Act and the SMILE
scheme, to protect and support the rights and well-being of transgender individuals, including provisions for identity
recognition, welfare programs, and livelihood support.
The Indian government has enacted laws and launched initiatives, such as the Transgender Persons Act and the SMILE scheme, to protect and support the rights and well-being of transgender individuals, including provisions for identity recognition, welfare programs, and livelihood support.

• Parental support and understanding play a crucial role in the emotional well-being and acceptance of transgender children,
as lack thereof can lead to increased transphobia, social anxiety, and mental health issues, while family therapy and
education can significantly improve outcomes.
• Ensuring equitable educational opportunities for transgender children is both a legal obligation and a fundamental human
right enshrined in various national and international legal frameworks, yet challenges persist due to societal norms and
institutional barriers. Government initiatives, including anti-bullying legislation, inclusive school policies, teacher
training programs, and supportive counseling services, aim to foster a more inclusive learning environment and promote
the well-being and academic success of transgender students.
 CHALLENGES FACED BY
TRANSGENDER COMMUNITY

SOURCE: MAL, S., & MUNDU, G. (2023). SPATIAL

DISPARITIES OF INDIAN TRANSGENDER
POPULATION: A CENSUAL ANALYSIS.
INTERNATIONAL JOURNAL OF RESEARCH
PUBLICATION AND REVIEWS, 4(5), 6560–6571.
 GAPS & SCOPES FOR IMPROVEMENT

EDUCATION AND HOUSING

IDENTITY HEALTHCARE
LEGAL RECOGNITION Identity Documents EMPLOYMENT AND SOCIAL
DOCUMENTS ACCESS
Healthcare Access SERVICES

INFRASTRUCTURAL SPORTS PARTICIPATION IMMIGRATION MILITARY

PRISON RIGHTS
CHANGES ISSUES SERVICE
 Facilitate Access Policies

Raise Awareness
Support Services

Foster Joint ventures

Recommendations Right to Self-Identify

Mental health centres Reservations and Employment

Health Sector Reforms

inclusivity
 BIBLIOGRAPH
Y
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 BIBLIOGRAPH
Y
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