When Identity Becomes a Battle: The Legal and Social Struggles of Trans Persons in India

In a country as diverse and fluid as India, the struggle to assert identity often takes complex forms. For transgender individuals – including those transitioning or having transitioned from one gender to another – the struggle toward being legally recognised as someone they are is not just a difficult bureaucratic task but a complex and exhausting battle that permeates courtrooms, government campaigns, and, more painfully, the society they are part of.

More Than a Name or a Pronoun
Changing one’s gender on official documents, whether from “He” to “She,” “She” to “He,” or perhaps “They,” for those who identify outside of the gender binary, may seem like it should be a free and easy administrative function. However, the reality is, it is a quagmire of regulations, judgmental stares, the impervious bureaucratic government institution, and often unkind and unhelpful government officials.

In order to legally alter one’s gender in India, one must first apply for a transgender certificate issued under the Transgender Persons (Protection of Rights) Act, 2019. The paperwork seems to promote a “power-to-the-transgender-persons” philosophy: once someone has declared their gender identity, they are issued a certificate by the District Magistrate. However, in reality, it is a circus. The forms lack clarity, officers still inquire about surgical or medical proof (even though it is no longer required under the law), and the language is often challenging. Many transgender persons recount facing embarrassing, intrusive, and inappropriate questions or simply being turned away because the officer does not “believe” their identity is “transgender enough.”

And to make matters worse, once you have begun to change your gender on one document, you will have to go through the same or similar process for the next, and the next, and the next document — Aadhaar, PAN, Voter ID, Passport, educational certificates, bank records, employment records, etc. The implications add up: another department, another office, and, most likely, another humiliation.

Legal Acknowledgment vs. Social Appropriateness
Even after all these obstacles and legally transitioning, a trans individual is not assured social respect. Imagine going into an office to submit your new ID, and the response is laughter, sideways looks, or outright rejection. Others are asked, “Why did you change this?”, “Are you sure?”, “What have you changed?” and even, “We don’t deal with these kinds of cases here.”

Society, at this point, sees trans identities as an “other” from the “normal.” For a cisgender man or woman, it might take only a couple of days to change a document due to the wrong spelling. For a transgender person, it can take years, and the emotional ramifications are hardly ever discussed.

And in villages and smaller towns, things can be worse. Local public servants may have never had to deal with such a case before, and the ignorance can be cruel. In larger cities, even while it is better, there is still institutionalized transphobia at play. Many have had to fight, quite literally, to prove they are entitled to what every other citizen is given — without question — dignity.

The Complicated Dream of Parenthood
The difficulties do not end with identity. Many LGBTQ+ individuals and couples dream of becoming parents, of parenting children within homes that are loving, inclusive spaces. The legal framework in India has yet to catch up with that dream.

Adoption laws in India are governed primarily by two structures; The Hindu Adoption and Maintenance Act (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015. At this time, LGBTQ+ couples – gay, lesbian, or trans – are not explicitly allowed to jointly adopt. A single LGBTQ+ person can adopt (one person may adopt), but it is a complicated and difficult process.

When transgender people apply to adopt, they are often questioned about their “mental fitness,” their “capacity to provide a normal home,” and their gender identity is looked at as a disqualifier rather than a non-issue. No one ever questions cisgender single parents about how they will explain their gender to a child, yet the transgender person is subject to questioning, patronising, and rejection for no reason.

The Bureaucratic Nature of Bias
The issue is not simply outdated policy, but outdated mindsets. Many government forms still only have “Male” and “Female” checkboxes. Public servants are routinely untrained to work with non-binary or trans applicants. Digital systems, like an established bank’s KYC (Know Your Customer) process, or job portals that refuse a trans ID if it doesn’t meet outdated formats, are often included.

One government job portal later denied a trans woman whose gender on her Aadhaar card had been changed (due to gender affirmation surgery), flying under the guise of “gender does not match” and marked her as “not eligible.”

While this trans woman did everything legally correct, the system punished her. Many trans people simply give up halfway. It’s way too long, too expensive, and too painful. Many trans people live with IDs that do not express their truth, which constrains their freedom in every aspect of life — be it opening a bank account, getting on a train, flying on a plane, checking into a hotel, or applying for a job.

Hope Is Ahead, But Has To Be Built
There is no doubt that India has come a long way. The NALSA judgment of 2014 acknowledged the rights of transgender persons. The Transgender Persons (Protection of Rights) Act of 2019, while not perfect, is a step forward. Kerala and Tamil Nadu have introduced trans welfare boards. The recognition of the rights on paper is not of much use if they are not put into practice by understanding and clearly identifying the rights.

The answer is not simply to enact more legislation. It is to train people to recognize rights, rethink application processes, design inclusive systems, and, more importantly, listen concerning trans perspectives. We need to normalise all forms of identities in day-to-day life – at school, in the movies, in temples, and in government offices.

The reality is that being a transgender person is not the problem. Not being able to recognize them is the problem.

As long as this exists, every application form, every counter, every “no” serves as a cue or reminder – their fight is not over.

About Author: Karnam Rohit Nayan Naidu, a second-year student pursuing a B.A. in Media and Journalism at Christ (Deemed to be University), Bannerghatta Road Campus. With a keen interest in social justice and inclusive narratives, they are committed to using journalism to highlight the voices of marginalised communities.