Why in news?
On September 4, 2025, the National Human Rights Commission (NHRC) of India organized a national conference in New Delhi titled "Rights of Transgender Persons: Revamping Spaces, Reclaiming Voices."
 
Constitutional Rights of Transgender Persons

• Right to Equality (Article 14) ensures no discrimination based on sex or gender identity.
• Prohibition of discrimination (Article 15) protects against unfair treatment in education, employment, and public facilities.
• Freedom of speech and expression (Article 19) includes expressing one’s gender identity.
• Right to life and personal liberty (Article 21) guarantees protection of life and liberty for transgender persons just like any other citizen.

Transgender Persons (Protection of Rights) Act, 2019

• Allows recognition of transgender identity based on self-perception.
• Provides for a certificate of identity upon application to the District Magistrate.
• Prohibits discrimination in areas like education, employment, healthcare, housing, and public services.
• Grants right of residence in the household or rehabilitation centers if necessary.
• Mandates inclusive education, healthcare (including sex reassignment surgery), and employment opportunities.
• Establishes a National Council for Transgender Persons for policy advice, implementation monitoring, and grievance redressal.

Delhi Transgender Persons (Protection of Rights) Rules, 2025

• Detailed procedures for applying for certificates of identity with or without medical intervention.
• Enables updates of gender in official documents like Aadhaar, passports, and educational certificates.
• Sets institutional frameworks for enforcement and welfare including a Transgender Welfare Board.
• Provides legal recognition, monitoring mechanisms, and grievance redressal within Delhi.

State-Level Policy Initiatives

• Tamil Nadu in August 2025 launched a comprehensive state policy to protect transgender rights across education, employment, healthcare, housing, and safety, including revision of inheritance laws to secure rights for transgender individuals.
• The policy allows gender self-identification without requiring medical certificates or procedures.

Supreme Court Notice on Transgender-Inclusive Education

• In a significant legal development, the Supreme Court of India issued notices to the Centre, NCERT, and six states in early September 2025 on a PIL demanding the inclusion of transgender-inclusive comprehensive sexuality education in school curricula.
• This move stresses the legal necessity and educational importance of gender diversity awareness to combat stigma and discrimination from an early stage.

Criticism and Ongoing Issues

• Some activists critique the 2019 Act for bureaucratic hurdles such as forced registration for official recognition.
• Lack of provisions for marriage, adoption rights, social security benefits, or public reservation quotas.
• Enforcement mechanisms and protections against discrimination and violence remain areas requiring strengthening.

Thus, transgender people in India have constitutional protections and a dedicated legal framework aimed at ensuring their rights to recognition, equality, and freedom from discrimination in key areas of life, with ongoing efforts to improve implementation and scope of these rights.

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