Legal Recognition of Gender Identity of Transgender People in India: Current Situation and Potential Options

Hijras and other transgender (TG) people in India face a variety of issues. So far, Hijra/TG communities have been excluded from effectively participating in social and cultural life; economy; and politics and decision-making processes. A primary reason (and consequence) of the exclusion is the lack of (or ambiguity in) legal recognition of the gender status of hijras and other transgender people. It is a key barrier that often prevents them in exercising their civil rights in their desired gender. So far, there is no single comprehensive source on the basis of which an evidence-based advocacy action plan can be prepared by transgender activists or possible legal solutions can be arrived at by policymakers. This background document, hopefully will lead to further consultations with trans communities and other stakeholders, could be an essential first step towards achieving the legal rights of hijras/transgender people in India.

The overall purpose of the assignment was to build an evidence-base for improving universal access to HIV prevention services, rights and social protection services for hijras/transgender people.