Introduction

On joyous occasions such as weddings, childbirth ceremonies, and festivals, one often encounters individuals dressed in sarees, clapping rhythmically, offering blessings for prosperity and long life. Society variously identifies them as hijras, kinnars, eunuchs, or transgenders. Despite their frequent presence in cultural rituals, fundamental questions persist: Who are they? Why are they invited to bless households? And why, despite this cultural reverence, are they simultaneously subjected to social exclusion?

The transgender community in India has historically occupied a paradoxical position—respected symbolically, yet marginalised socially and legally. It was only in recent years, through judicial intervention, that their lived realities and constitutional rights began receiving formal recognition. The Supreme Court’s acknowledgment of transgender persons as a “third gender” marked a watershed moment, opening pathways to education, employment, healthcare, and dignity.

This article seeks to trace the historical, cultural, and legal evolution of transgender rights in India. It examines their presence in Indian mythology, the discrimination they continue to face, the role of activism, and the landmark judicial pronouncements that have sought to restore their constitutional entitlements.

Understanding Transgender Identity

“Transgender” is an umbrella term encompassing individuals whose gender identity, expression, or behaviour does not conform to the sex assigned at birth. This includes persons who experience gender dysphoria as well as intersex individuals born with ambiguous genitalia or biological characteristics of both sexes.

In India, transgender persons are commonly referred to as Hijras or Kinnars in North India and Aravanis in South India. The 2011 Census was the first to officially record the transgender population, estimating approximately 4.8 million individuals identifying as transgender.

Hijra and Kinnar identities are often community-based rather than individually defined. These communities function as insular “safe spaces,” offering protection and belonging, yet simultaneously restricting integration into mainstream society.

Historical and Mythological Recognition

Indian history and mythology are replete with references to gender variance and non-binary identities. Ancient texts such as the Vedas, Mahabharata, Ramayana, Puranas, and Jain scriptures acknowledge the existence of a third gender, often portraying such figures with reverence.

One prominent legend recounts that when Lord Ram departed for exile, he asked the “men and women” of Ayodhya to return. Those who were neither men nor women remained steadfast. Upon his return after fourteen years, Lord Ram blessed them, granting their blessings auspicious power—forming the cultural basis for inviting transgender persons to ceremonies.

The Mahabharata offers further illustrations. Shikhandi, born as Amba and later transformed into a male, played a pivotal role in the fall of Bhishma. Arjuna’s year of exile as the third-gendered Brihannala further reinforces the narrative of gender fluidity within revered epics.

Jain texts introduce the concept of “psychological sex,” while Islamic history records hijras holding influential positions in Mughal courts. These accounts collectively demonstrate that transgender persons were not alien to Indian civilisation but were once integrated with dignity and respect.

Social Contradictions and Contemporary Challenges

Despite historical recognition, transgender persons today face systemic discrimination, violence, and marginalisation. Social stigma brands them as deviant, immoral, or mentally ill. Many are disowned by families, denied education, and excluded from employment, pushing them into poverty, begging, or sex work.

Key challenges include:

• Discrimination: From schools and workplaces to housing and healthcare, transgender persons face exclusion at every level. Bullying and abuse often force children to drop out of education early.

• Transphobia and Social Stigma: Deep-rooted misconceptions fuel fear and prejudice, leading to isolation and humiliation in public spaces.

• Poverty: Lack of family support and employment opportunities results in severe economic vulnerability.

• Inadequate Legal Protection: Until recent judicial clarity, transgender persons lacked explicit legal recognition, leaving them without access to remedies and welfare benefits.

Although constitutional guarantees exist, their implementation remains uneven and inadequate.

Activism and Visibility

Social change has been propelled by courageous transgender activists who have challenged invisibility and demanded recognition. Lakshmi Narayan Tripathi, a leading transgender rights activist, played a key role in advocating for national recognition, including the institution of the National Transgender Awards.

Manjamma Jogathi’s appointment as President of the Karnataka Janapada Academy and her receipt of the Padma Shri in 2021 marked historic milestones, demonstrating the transformative power of representation.

Activists such as Gauri Sawant and Joyita Mondal have further contributed through advocacy, public engagement, and legal activism, ensuring transgender voices occupy public discourse.

The Landmark Judgment: NALSA v. Union of India

The legal turning point came with the Supreme Court’s decision in National Legal Services Authority v. Union of India (2014). The petition highlighted the denial of constitutional rights under Articles 14 and 21 due to the non-recognition of gender identity.

The Court unequivocally held that recognition of transgender persons as a third gender is a human rights issue, not merely a social or medical concern. Justice K.S. Radhakrishnan emphasised that self-determination of gender identity is integral to personal autonomy and dignity.

The judgment directed governments to ensure:

• Legal recognition of gender identity

• Non-discrimination on grounds of gender identity or sexual orientation

• Access to education, healthcare, employment, and public spaces

• Social welfare measures and affirmative action

This decision laid the foundation for subsequent legislative and policy initiatives, including the Transgender Persons (Protection of Rights) framework.

Conclusion

India stands at a crucial juncture. While judicial recognition and increased visibility have advanced transgender rights, social acceptance remains incomplete. Pride marches, awareness campaigns, and digital activism reflect growing consciousness, yet discrimination persists in everyday life.

Transgender persons are not merely ritual performers or bearers of blessings—they are citizens entitled to equality, autonomy, and dignity. True progress lies not only in legal recognition but in transforming societal attitudes to embrace gender diversity as a natural expression of human identity.

Only then can the “blessing of the blessed” translate into justice, inclusion, and equality for all.

References

• AIR 2014 SC 1863
• National Legal Services Authority, Government of India
• NHRC Study on Human Rights of Transgender Persons (2018)
• Vyasa Online Encyclopedia – Amba
• NDTV Swachh India – Lakshmi Narayan Tripathi Interview

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