Are transgender persons recognized as equal citizens in Indian democracy?

By Harasankar Adhikari

The transgender community in India includes diverse groups such as Hijras, eunuchs, Kothis, Aravanis, Jogappas, and Shiv-Shaktis. In West Bengal, Hijras form a prominent sub-group. Ancient Hindu texts, including Vedic and Puranic literature, acknowledge a "third gender" (tritiya prakriti), also termed napunsaka. Today, West Bengal’s Hijra population is estimated at over 50,000 (within India’s total transgender population of approximately five lakh, or 500,000). Many transgender individuals face exclusion from their natal families, leading them to form close-knit communities for survival and support. Despite enduring widespread social stigma, nearly 50% of transgender persons in India have attained at least a high school education.

After prolonged advocacy, the Indian judiciary formally recognized transgender individuals as a third gender, culminating in the Transgender Persons (Protection of Rights) Act, 2019. Section 3 of the Act prohibits discrimination in education, employment, healthcare, and public/private services, aiming to integrate transgender communities into mainstream society. Central and state governments are mandated to facilitate rehabilitation through vocational training, self-employment initiatives, and welfare schemes.

Under the Act, the Ministry of Social Justice and Empowerment launched the National Portal for Transgender Persons and the SMILE initiative (Support for Marginalised Individuals for Livelihood and Enterprise). These programs offer transgender certification, skill development, healthcare access, shelter homes (Garima Greh), and other support services. Budget allocations rose from ₹72.91 crore in 2023-24 to ₹106.88 crore for 2025-26, reflecting increased financial commitment.

In West Bengal, the state Transgender Welfare Board was established per the 2019 Act. However, its impact remains negligible at the grassroots level. The Board’s official website (https://wcdsw.wb.gov.in/tpdb/) lacks updated information on activities or outcomes, raising concerns about fund utilization. Critics allege that efforts by the state government prioritize bureaucratic processes over meaningful action, with reports of corruption in resource distribution.

Despite legal protections, many transgender individuals in West Bengal rely on begging at transit hubs and markets, or engage in sex work, due to limited livelihood options. Their coercive tactics for alms, such as persistent demands, often frustrate commuters, perpetuating negative stereotypes. Section 18 of the 2019 Act prescribes penalties for discrimination, but enforcement is absent, rendering the law symbolic.

The community’s marginalization persists, with minimal improvement in socioeconomic conditions or social integration. Awareness campaigns to foster inclusivity remain inadequate. Political apathy exacerbates these challenges; as transgender persons lack a significant vote bank, their issues are sidelined. While voting rights exist, true citizenship entails dignity, equality, and opportunity—goals yet to be realized for India’s transgender population.

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