Institutionalising Transgender Welfare : Assesing the NHRC advisory framework

Policy update
Prabhjot Dayal

Background

The landmark NALSA v. Union of India (2014) Supreme Court judgment marked a historical milestone for equality under Article 14 of the Indian Constitution, Non-Discrimination under Article 15, Right to Life and Liberty under Article 21, and self-perceived identity without the need for medical intervention. This has paved the way for the enactment of the Transgender Persons (Protection of Rights) Act, 2019. The Bill was introduced in the Lok Sabha on July 19, 2019, by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot. The Bill was cleared by the Lok Sabha on August 5 and the Rajya Sabha on November 26. 

The Act broadly describes transgender persons as ‘a person whose gender does not match the gender assigned to that person at the time of birth, which may include trans men, trans women, intersex persons with variations in genitalia, chromosomes, or hormones, gender queer persons, kinnar/hijras, etc.’ The Act mandates the following: ‘prohibition of discrimination against transgender persons in educational institutions, employment (no discrimination in recruitment or promotion, provision for complaint officers), healthcare services (no discrimination in government facilities, HIV facilities, sex reassignment surgeries, medical education curriculum review, insurance schemes), public places/ moving around/ residing/ property ownership/ holding public offices.’ 

The Act provides for inclusive education/sports; it also allows for the issuance of ‘transgender’ identity certificates that can be changed to ‘male’ or ‘female’ after surgery. The Act also mandates the provision of welfare facilities for full participation of transgender persons in society; criminalizes offenses like forced labor, denial of entry in public places, eviction, abuse (physical/ sexual/ verbal/ emotional/ economic) with a jail term of 6 months to 2 years along with a fine. 

The Act establishes the National Council for Transgender Persons with the Union Minister for Social Justice as the Chairperson, secretaries to the government of India, representatives from the Health Ministry/ Home Ministry/ HRD Ministry/ NITI Aayog/ National Human Rights Commission/ state governments, 5 members from the transgender community, 5 experts from NGOs. 

Complementing this, the National Human Rights Commission (NHRC), which has the mandate under the Protection of Human Rights Act, 1993 (Section 2: rights to life /liberty/ equality/ dignity per Constitution/ international covenants like ICCPR/ICESCR) has taken proactive steps for the protection of transgender and minority rights by providing civil court-like inquiry powers for the protection of human rights(summoning witnesses, affidavits, records, commissions), suo motu inquiry, court interventions, visiting jails/ institutions on intimation by the State, constitutional safeguard reviews/ advisories, human rights research by involving academicians/NGOs, literacy drives (publications/ media/ seminars/ trainings for police/ forces/ students/ CSOs).

Online complaints in 22 Eighth Schedule languages, camp sittings/ spot inquiries, annual reports/ journals/ newsletters, focus on vulnerable groups like women/ children/ minorities/ SC/ ST/ disabled/ HIV/ transgender, issues like custodial deaths/ rape/ torture, bonded/ child labour, food rights, displacement, atrocities, police/ reform prisons, refugee law, torture conventions, terrorism/ insurgency issues, maternal/ child health issues, treaty monitoring; in the form of its Advisory dated 2023 on the enforcement of transgender welfare measures across all ministries. 

In the midst of revival efforts in 2025, with increased policy pushes, multi-ministerial consultations (Social Justice/Health/Home/HRD), and welfare-centric schemes, these developments underscore a renewed commitment to bridging implementation gaps for transgender inclusion.

Functioning (Policy Mechanism)

The operational advancement of the Transgender Persons (Protection of Rights) Act, 2019 is anchored in the advisory ecosystem comprising the advisory (non-binding) NHRC 2023. Advisory mandates all states/ UTs/ chief secretaries/ DGs to implement the Act’s welfare rights through dedicated monitoring cells, conducts sensitization workshops for officials/ police/ judiciary to be cognizant of transgender persons’ rights, register FIRs/ close investigations/ prosecutions against offences at earliest, report quarterly to NHRC in line with NHRC 2023 Advisory with Supreme Court as the council of (overall) accountability (e.g. Suo Motu 2022 for reservation/medical aid), and with proper multi-ministerial coordination. 

The Ministry of Social Justice & Empowerment (MoSJE) of the Union Government is the apex body at the helm of affairs in the newly constituted National Council for Transgender Persons. Their primary role is to offer advice for central schemes, monitor implementation/scheme progress of the Act and various schemes, and link the National REDRESSAL portal for grievances. For the states, 20+ Transgender Welfare Bodies/Cells (Delhi: Transgender Welfare Board for certificates/IDs/schemes; Bihar/UP/Andhra Pradesh: protection cells; UTs: Chandigarh and Puducherry) have issued 1.5 lakh+ certificates (as of 2024), conducted investigations, and are in line with respective state policies (e.g., Tamil Nadu TG Policy 2023). 

The National Portal for Transgender Persons (transgender.dosje.gov.in: Nov 2020; available in English/Hindi/12 regional languages) makes it easier for transgender people to submit online applications for certificates and track status, and also submit grievances and linkages to various schemes. The portal eliminates stigma and barriers for transgender people.

Key Pillars of welfare include: 

1) Health, under Ayushman Bharat TG plus (PM-JAY extension, Dec 2022, covering over 1500+ procedures including SRS/hormones/psychiatry/HIV) they get ₹5 lakh coverage for their family for medical procedures. Prevalence of HIV/psychological disorders in TG is 7.5-10%, whereas 0.2% in the general population.

2) Education, under the Act, schools are mandated to be inclusive to all, and to have adequate sports facilities, scholarships (Pre-Matric TG Scholarship scheme, ₹500-5k per month, for 15k+ students),

3) Shelter Homes under Garima Greh (central scheme, 20 centres in 15 different states/ UTs, 500+ beneficiaries, with counselling, skill training, linkages to jobs, yoga, recreation, medical support, legal aid, transition rooms).

4) Dignity in prison/custodial setting (MHA circular dated 10th Jan 2022, third-gender category, segregation, privacy, search to be done by same-gender staff, SOPs to be made for their protection as per the TG Act, NCRB (2023), Delhi HC (2022) order for various reforms).

5) Employment, through programmes like SMILE (Support for Marginalised Individuals for their Livelihood & Enterprise), launched in FY22 by the Government with outlay of ₹400 cr, for shelter homes, vocational training, and Self Employment Scheme for TGs; PM SVANidhi (now known as Shakti) loan for self-employment, and Garib Kalyan Rojgar scheme. 

In Jan 2021, the Government introduced Equal Opportunity Policy, mandating a quota for TGs and organized recruiting drives in places where they settle (96% unemployment rate in TGs, 98% rejection of TGs by families so far, according to a survey by NHRB, 2022), which faced challenges like police harassment (70% faced violence in an NIE study), denial of healthcare, and dropout from schools, and there are lags in widening the scope of reservations, with vigorous push for vertical reservations from 2025, and for expanding SMILE scheme from FY23.

Performance of the Policy   

1. National Portal: Entitled over 34,000 applications processed and over 30,000 transgender ID certificates/ cards distributed for scheme access by early 2026 (catapult authority), 65% disposal by Dec 2023 (3,200+ pendency past 30 days, 4,000+ rejected due to incomplete documentation or duplicates), 99 lakh portal visitors, 13 languages to address grievances.

2. SMILE Scheme: Allocation ₹400 crores for FY21-26 for Support for Marginalised Individuals for Livelihood & Enterprise Scheme (announced FY22) 2.4 lakh+ individuals surveyed for vocational training, shelter house, and self-employment. Garima Greh scheme implemented (20+ centers, 500+ residents). Loans from PM SVANidhi or Garib Kalyan Rojgar for expansion.

3. Welfare Scheme Beneficiaries: MoSJE Reports for 2023-25 state Ayushman Bharat TG Plus – 50,000+ individuals enrolled (₹5 lakhs per family for SRS, hormones, HIV). Pre-Matric Scholarships for TG – 15,000+ students (₹500-5k). Total certificates issued – ₹1.5 lakh+ via state mechanism.

Table 1. State Wise ID issuance (December 2023, Parliamentary Data), No issuance: Andaman & Nicobar, Daman & Diu, Lakshadweep, Mizoram. Lowest: Arunachal (2), Nagaland (7), Goa (11).

 Impact

The policy documents present a convoluted picture of the social inclusion of the transgender persons in India. As per the documents, incremental progress has been made. Since the year 2020, when the Transgender Persons (Protection of Rights) Act came into force, we have been issuing about 30,000 ID certificates, which have helped about 15,000 students in accessing scholarships.

The national surveys also suggest that over 70% of transgender persons have availed the services of the health schemes. But the surveys also highlight that 98% of Transgenders are rejected within their families, 96% are chronically unemployed, and 70% are harassed by the police. The Supreme Court, in Jane Kaushik v. UoI (2025), has directed the government to expand the Garima Greh (shelter homes) and prepare gender-neutral public facilities.

Over the years, the Supreme Court has ruled in favor of the transgender persons, leading to the protection of their rights, such as the NALSA judgment (2014), the comprehensive Act of 2019. But the ground reality indicates that the transgender persons are very marginalized and denied their rights and the central and state governments are indifferent and have failed to implement the policy. The central and state governments have been issuing the ID certificates at a rate of 65% till 2023 with over 3,200 cases pending more than the prescribed 30 days.

The District Magistrate certification process is still in place, which creates a hurdle for the transgender persons to identify themselves and is against the provision of the NALSA and the Act. The transgender persons are denied the health schemes and the medicines at the public facilities in 58% of the cases. The dropout levels of transgender persons in the education sector are very high, varying from 18% to 100% in different states. 

Emerging Issues

Bureaucratic delays in ID certification

35% of ID applications are still pending with census officials. There are 3,200 cases where ID applications have been pending for more than 30 days beyond the statutory time limit. Reason: Too many documents required for ID, lack of clarity on interpretation of Section 3 of the NAGRC by District Magistrates, poor staffing at welfare boards and lack of motivation of the welfare officers.

Social stigma and exclusion

 98% of the families abandon Trans people. The social stigma and exclusion push transgender people into street economies.  96% of transgender people are unemployed. Reason: Employers discriminated against, misalignment of skills. 70% of transgender people experience police harassment. Reason: Police detain them when no one is around, beat them.

Economic and financial violence

58% of transgender people denied healthcare at public facilities. Due to unrevised medical curriculum of medical colleges; lack of accommodation of transgender specific needs such as hormone replacement therapy and mental health care. 7.5 to 10% of transgender people in India are HIV positive. This is 10 times the national average of 1% HIV prevalence. Lack of treatment and facilities for HIV patients and lack of specialised clinics for transgender people in many parts of India.

Table 2. Policy Performance Metrics (2022-25) Progress (30k IDs, 50k health enrollees) starkly contrasts gaps (35% pendency, 58% denial, 96% unemployment, NE neglect).

Way Forward 

In order to bridge the implementation gaps, India requires genuine self-ID certification without any DM gatekeeping, Transgender Protection Cells/helplines in all states within 6 months by the Supreme Court order, 1% vertical reservations in all jobs/education, transgender healthcare modules in MBBS curriculum, Ayushman TG Plus scheme expanded to 2 lakh beneficiaries, 50 Garima Greh shelters for trans women, anti-discrimination enforcement with complaint officers and punishments upgraded to 5-10 years, third-gender enumeration in the 2026 Census, and campaigns targeting family rejection and caste-disability intersectionality for SDG 10 equity. 

References

1. Centre for Law and Policy Research. (2020). The Transgender Persons (Protection of Rights) Act, 2019 – Presentation. https://clpr.org.in/wp-content/uploads/2020/03/Trans-Act-2019-ppt.pdf
2. Centre for Law and Policy Research. (2021). Uneven implementation of welfare schemes for transgender persons. https://clpr.org.in/blog/the-uneven-implementation-of-welfare-schemes-for-transgender-persons-part-i-access-to-central-government-schemes/
3. Damodaram Sanjivayya National Law University. (2023). Transgender persons in India: Problems, policies and interventions. https://dsnlu.ac.in/storage/2023/02/12-Transgender-Persons-in-India-Problems-Policies-and-Interventions.pdf
4. Government of India. (2019). The Transgender Persons (Protection of Rights) Act, 2019. https://prsindia.org/files/bills_acts/bills_parliament/2019/The%20Transgender%20Persons%20(Protection%20of%20Rights)%20Act,%202019.pdf
5. IndiaSpend. (2021). Denied visibility in official data: Millions of transgender Indians cannot access benefits. https://www.indiaspend.com/gendercheck/denied-visibility-in-official-data-millions-of-transgender-indians-cant-access-benefits-services-754436
6. Indian Kanoon. (2014). NALSA vs Union of India judgment. https://indiankanoon.org/doc/193543132/
7. Indian Journal of Law and Human Rights. (2023). A state-wise policy and implementation gap analysis of transgender education in India. https://ijlmh.com/paper/a-state-wise-policy-and-implementation-gap-analysis-of-transgender-education-in-india/
8. National Legal Services Authority. (2014). Social action litigation – NALSA vs Union of India. https://nalsa.gov.in/social-action-litigation/
9. Press Information Bureau. (2022). Government measures for transgender persons. https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=1776458&reg=3&lang=1
10. Press Information Bureau. (2025). Government initiatives for transgender welfare. https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2191532&reg=3&lang=2
11. Press Information Bureau. (2025). Schemes and support for transgender persons. https://www.pib.gov.in/PressReleseDetail.aspx?PRID=2209488&reg=3&lang=1
12. PRS Legislative Research. (2019). The Transgender Persons (Protection of Rights) Bill, 2019 – Bill summary. https://prsindia.org/billtrack/prs-products/prs-bill-summary-3282
13. PRS Legislative Research. (2019). The Transgender Persons (Protection of Rights) Bill, 2019. https://prsindia.org/billtrack/the-transgender-persons-protection-of-rights-bill-2019
14. Public Library of Science / PubMed Central. (2022). Health and social issues of transgender persons in India. https://pmc.ncbi.nlm.nih.gov/articles/PMC9555747/
15. Social and Political Research Foundation. (2019). Examining the Transgender Persons (Protection of Rights) Bill, 2019. https://sprf.in/examining-the-transgender-persons-protection-of-rights-bill-2019/
16. Supreme Court Observer. (2021). Transgender rights reduced to dead letters by state indifference. https://www.scobserver.in/supreme-court-observer-law-reports-scolr/transgender-rights-reduced-to-a-dead-letters-by-state-indifference/
17. The Times of India. (2023). Over 3,200 applications for transgender ID cards pending for more than 30 days. https://timesofindia.indiatimes.com/india/over-3200-applications-for-transgender-id-cards-pending-for-more-than-30-days-government/articleshow/106286961.cms
18. United Nations Development Programme. (2023). Every identity counts: Breaking barriers for transgender youth in India. https://www.undp.org/india/blog/every-identity-counts-breaking-barriers-transgender-youth-india
19. Washington Blade. (2026). Activists push for better counting of transgender Indians in the 2026 census. https://www.washingtonblade.com/2026/02/27/activists-push-for-better-counting-of-transgender-indians-in-2026-census/
20. AINSW. (2022). An analysis of the Transgender Rights Act, 2019 and the way ahead.https://www.ainsw.in/wp-content/uploads/2022/09/An-Analysis-of-the-Transgender-Rights-Act-2019-and-Way-Ahead.pdf

About the Contributor

Prabhjot Dayal is a Research & Editorial Intern at IMPRI, Prabhjot is a postgraduate in Political Science from Panjab University, Chandigarh with a specialisation in Feminist Political Theory and State Politics. Her research and professional interests lie in public policy, gender justice, and inclusive governance, informed by her experience in student leadership, policy advocacy, and community engagement.

Acknowledgement

The author extends her sincere gratitude to the IMPRI team for their invaluable guidance throughout the process.

Disclaimer

All views expressed in the article belong solely to the author and not necessarily to the organisation.

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