The Rights of Transgender People In India

It is the 21st century: a century wherein, along with innovations, development, and growth, evolution has climbed the stairs of progress as well, and one of the critical components of evolution is the controversial yet simple phenomenon of gender: a concept that embodies not only the biological sex of a person but their identity and self-expression as well. People who identify as transgender (or the third gender) are those whose gender identity doesn’t match their sex. The anatomies may be simplified by nature, but one’s expression and level of comfort in their physical structures aren’t.

Transgender people have been facing a significant amount of problems, such as violence, social ostracism, discrimination, and the declaration by society that invalidates their existence. To negate such stereotypical and prejudicial attitudes and to protect and remind people of humanity, the Parliament of India passed a transgender law India, named the Transgender Persons (Protection of Rights) Act, in 2019, which not only protects the basic human rights they deserve but also provides them with respect, recognition, and inclusivity that they are worthy of.

Read the article to learn more about the act safeguarding transgender rights in India, ranging from its meaning and components to the rights of transgender prisoners, including information on transgender rights welfare schemes.

What Is The Transgender Persons (Protection of Rights) Act?

To protect and provide legal rights for transgender community India, the government of India created and passed an act called the Transgender Persons (Protection of Rights) Act in 2019. Transgender communities often face various kinds of discriminatory and unfair treatment, and that is essentially the reason why the act not only defines what the word transgender means but also lays out all the rights of anyone who identifies themselves as a transgender individual. Along with rights, the act also has a detailed section on punishments for those found violating the rights of transgender individuals in any way.

Key Components Of The Transgender Persons (Protection of Rights) Act

The act encapsulates numerous rights of transgender persons, such as:

• It allows transgender individuals to choose their gender identity and be recognised by it by obtaining a legal certificate that would validate and provide acknowledgement of their chosen identity without any compulsory need for medical intervention.

• The act prohibits any form of discriminatory action or behaviour against transgender people in various public and private sectors, such as education, employment, healthcare, and others.

• The act mandates equal and fair treatment for all people who identify as transgender in all facets of their lives.

• The act also encompasses various welfare schemes for transgender people to benefit from in order to promote social inclusivity.

• The act also mentions the critical point of residence and ensures that every transgender individual has the right to live in their house and not be separated from family on the grounds of identifying as transgender.

Into The Rights Of Transgender Prisoners In India

Transgender individuals in prisons have been reported to face a range of issues, ranging from harassment, forms of abuse, and a lack of appropriate facilities. After careful consideration and considerate attention, the Ministry of Home Affairs issued certain rules in 2020 to safeguard their interests, especially in the context of prisons and correctional facilities, such as:

• It ensures different cells and wards are separate from males & females for transgender prisoners for their safety.

• Their identity should be respected while conducting various procedures like admission, medical examinations by their preferred gender, or a professional with proper training, cell accommodation, clothing, and handling by police officials.

• Transgender prisoners are to receive proper medical assistance if and when required without any discrimination.

• It allows them to have regular communication with their families, like every other prisoner.

• It also outlines aftercare provided by the rehabilitation officers, which includes sensitising the families of transgender individuals to their necessary needs.

• Development of training modules in collaboration with other departments for police officials and prison staff so that they can communicate with transgender people with respect and sensitivity.

Read More: Kerala Sthree Suraksha Scheme 2026- ₹1,000 Monthly Pension For Eligible Women - Apply Now