The challenges transgender individuals face in India

Source: The post the challenges transgender individuals face in India has been created, based on the article “Dignity denied: Ten years after NALSA, the state must do better by transgender people” published in “Indian express” on 3rd August 2024

UPSC Syllabus Topic: GS Paper2- Governance- mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.

Context: The article discusses the challenges transgender individuals face in India despite the 2014 NALSA judgment. It highlights issues with legal recognition, required medical procedures, and poor implementation of transgender rights laws. It emphasizes the need for sensitization and better enforcement.

For detailed information on Key Supreme Court verdicts that moved the needle on LGBTQ rights in India read this article here

What was the NALSA Judgment of 2014?

In 2014, the Supreme Court of India delivered the NALSA vs Union of India judgment. Justice K.S. Radhakrishnan affirmed transgender persons’ right to define their gender identity. He emphasized that no one should be forced to undergo medical procedures for legal recognition of their gender.

For detailed information on Rights of Sexual Minorities in India read this article here

What Are the Implementation Challenges?

1. Pending Applications: Over 3,225 out of 24,000 applications for transgender identity certificates were pending in 2023, exceeding the 30-day window mandated by the rules.
2. Contradictions in Law: The 2019 Act requires proof of medical intervention for changing gender to “male” or “female,” while the 2020 Rules prohibit physical examinations.
3. Poor Implementation of Measures: Government initiatives like setting up transgender wards and washrooms in hospitals, and establishing transgender welfare boards in each state, have seen inadequate progress.
4. Mental Agony and Humiliation: Transgender individuals face demands for proof of gender affirmation surgery and medical examinations, leading to mental distress and threats of job loss.

What Impact Does Legal Recognition Have on Transgender Individuals?

1. Reduced Psychological Distress: A 2015 Lancet study found that transgender individuals with documents reflecting their self-affirmed gender had 32% less psychological distress and were 22% less likely to have suicidal thoughts.
2. Lower Suicide Risk: The same study found a 22% reduction in suicidal thoughts among transgender individuals with legally recognized gender identity.
3. Real-Life Example: IRS officer M Anukathir Surya successfully changed his name and gender in official records, showcasing positive progress.

What Steps Are Needed for Improvement?

1. Sensitization Campaigns: Educate government employees about transgender rights to foster empathy and understanding, addressing the lack of empathy that hobbles the system.
2. Streamline Legal Processes: Ensure faster processing of transgender identity certificate applications.
3. Eliminate Medical Proof Requirements: Align laws with the NALSA judgment by removing the need for medical procedures for gender recognition.

For detailed information on healthcare for transgender people read this article here

Question for practice:

Examine the challenges faced by transgender individuals in India regarding legal recognition and the implementation of transgender rights laws despite the 2014 NALSA judgment.