India has made significant strides in addressing the historical marginalisation of the transgender community through comprehensive legal protections, welfare schemes, and digital accessibility. This shift reflects growing awareness and efforts to promote inclusivity and equality in Indian society.

Key milestones in this initiatives thereafter include the enactment of the Transgender Persons (Protection of Rights) Act, 2019 notified on January 10, 2020; the Transgender Persons (Protection of Rights), Rules, 2020 for implementation of the provisions of the Act; the setting up of a National Council for Transgender Persons for advising government on policies, programmes, legislation and projects for transgender persons and the launch of the National Portal for Transgender Persons on November 25, 2020.

Read in Hindi: भारत में ट्रांसजेंडर व्यक्तियों के लिए सुनिश्चित हो रही है गरिमा व स्वायत्तता

These laws and initiatives have laid the foundation for systemic support and empowerment, and efforts for promoting inclusion, dignity, non-discrimination, and mainstream integration for transgender persons, fostering a society where they can thrive with equal rights and opportunities.

The Supreme Court of India, in its landmark judgment National Legal Services Authority vs Union of India, delivered on 15 April 2014, explicitly recognised transgender individuals as a ‘third gender’, affirmed their right to self-identify their gender, and directed the government to grant legal recognition and ensure their equality and non-discrimination. The Act, effective from January 10, 2020, is a law that provides legal recognition, prohibits discrimination, and mandates the welfare of transgender individuals.

The Central Government constituted the National Council for Transgender Persons on 21st August 2020 and was reconstituted vide notification dated 16th November 2023. It serves as a statutory body under the Ministry of Social Justice and Empowerment to safeguard and promote the rights of transgender persons in India. The council also has five representatives of transgender community, representatives of NHRC and NCW, representatives of State Governments and UTs and experts representing NGOs.

Introduced as a Central Sector Scheme, SMILE was launched on February 12, 2022 and operationalised to align with the Transgender Persons (Protection of Rights) Act, 2019.

SMILE aims to uphold the constitutional rights under Articles 14, 15, and 21, ensuring equality, non-discrimination, and the right to dignity for transgender persons. This scheme reflects the government’s commitment to mainstreaming transgender individuals by addressing their socio-economic challenges through targeted and inclusive interventions. The SMILE Scheme is designed to provide holistic support through the ‘Comprehensive Rehabilitation for Welfare of Transgender Persons’.

As India advances toward a more equitable future, ensuring that transgender persons live with dignity, autonomy, and opportunity remains central to its democratic and human rights commitments.