Recent PIB release highlighted government measures to protect and empower transgender persons in India.
Updates include the SMILE scheme, Garima Greh shelters, National Portal facilitation, and reconstitution of the National Council for Transgender Persons.
Emphasis on mainstreaming transgender persons through legal recognition, welfare, and employment opportunities.
Who Are Transgender Persons?
Persons whose gender identity or expression differs from the sex assigned at birth.
Includes trans-men, trans-women, intersex, and genderqueer individuals.
Census 2011 recorded ~4.87 lakh individuals under “other” gender category in India.
Key Legal Milestones
NALSA v. Union of India (2014)
Supreme Court recognized transgender persons as a “third gender.”
Affirmed right to self-identify and constitutional protections under Articles 14, 15, 16, 19, 21.
Transgender Persons (Protection of Rights) Act, 2019
Enforced 10 Jan 2020.
Provisions:
Legal recognition & self-perceived identity.
Ban on discrimination in education, employment, healthcare, public services, residence.
Welfare measures, skill development, health coverage.
Complaint mechanisms and penalties for violations.
Transgender Persons (Protection of Rights) Rules, 2020
Mandates States to establish:
Transgender Protection Cells (monitor offenses, ensure FIR registration, sensitization programs).
Transgender Welfare Boards (TWBs) to facilitate access to welfare measures.
20 Protection Cells and 25 TWBs already operational.
Government Initiatives
National Council for Transgender Persons
Statutory body under Ministry of Social Justice and Empowerment.
Functions:
Policy advice, monitoring, coordination of programs.
Grievance redressal and evaluation of welfare schemes.
Includes 5 representatives from the transgender community.
SMILE Scheme (2022)
Aims at holistic rehabilitation and empowerment.
Focus Areas:
Skill development & employment.
Education & scholarships.
Health coverage through Ayushman Bharat TG Plus (₹5 lakh/year/person for gender-affirming care, SRS, hormone therapy, counseling).
Safe shelters via Garima Greh (21 operational, 3 recently sanctioned).
Constitutional grounding: Articles 14, 15, 21.
National Portal for Transgender Persons
Launched 25 Nov 2020; multilingual digital access.
Online issuance of Transgender Certificate; facilitates access to schemes without physical office visits.
Constitutional & Human Rights Dimensions
Equality (Art. 14): Equal treatment before law.
Non-discrimination (Art. 15): Explicit protection against gender-based discrimination.
Freedom of expression (Art. 19): Includes gender identity.
Right to life & dignity (Art. 21): Health, shelter, education, and social inclusion.
Comprehensive Overview
India has shifted from recognition in NALSA (2014) to systemic support via laws, policies, and schemes.