THE RIGHT TO HEALTH FOR TRANSGENDER AND INTERSEX COMMUNITIES IN INDIA: LEGAL PROTECTIONS AND PRACTICAL BARRIERS

AUTHOR – SHRUTI VERMA, STUDENT AT GUJRAT NATIONAL LAW UNIVERSITY

BEST CITATION – SHRUTI VERMA, THE RIGHT TO HEALTH FOR TRANSGENDER AND INTERSEX COMMUNITIES IN INDIA: LEGAL PROTECTIONS AND PRACTICAL BARRIERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 936-944, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper examines the legal frameworks of healthcare access of transgender and intersex individuals in India and how they affect their ability to access non-discriminatory medical care. It provides a case study on gender-affirming medical care, mental health services, access to routine medical care, and protection against forced medical treatment within the present legal context. At the focal point of this discussion are constitutional rights as guaranteed by Article 21 (right to life and liberty), 14 (equality before the law), and 15 (prohibition of discrimination), which form the basis of healthcare rights of transgender and intersex individuals. In addition to these widely understood rights, there are international human rights principles, specifically the Yogyakarta Principles, that protect gender identity and gender expression and claim the promotion of the right to be free of involuntary medical treatment. The historic NALSA ruling by the Supreme Court (2014) recognized transgender people as a third gender and established their basic rights, including the right to self-determine their gender without any medical requirements. This decision provided a decisive ground in the rights to healthcare and the rights of the government. Although the next act (Transgender Persons (Protection of Rights)) of 2019 aims to bring these rights to a reality, it has been received with a lot of criticism due to its requirement of bureaucratic certification and medical operation as preconditions to recognition under the law, which is perceived as inconsistent with the NALSA decision. The other significant point of the paper is the topicality of the recent depathologization of transgender identities advanced by the World Health Organization and the request of healthcare founded on informed consent, but not excessive medicalization. This ubiquitous discrimination of transgender and intersex patients is characterized by the denial of care, a lack of sensitivity from providers, and a deficiency in training for gender-affirming healthcare. These obstacles go beyond gender-based practices to standard medical practices. In addition, economic factors and the lack of extensive insurance coverage are setbacks to equal access to healthcare. Lack of national guidelines on gender-affirming care and insufficient inclusion of transgender health concerns in medical education. Social issues of stigma and exclusion, mental illness, and the peculiar and disturbing experience of intersex individuals undergoing non-consensual surgical procedures to alter their bodies in an effort to be considered normal are the factors.     

India has been noted to take significant steps in understanding the rights of transgender and intersex individuals, and some significant judgments and laws have seen a positive change. I, however, feel that there is more to be done in order to refine these laws and make them more practical on the ground. Having laws on paper is one thing; seeing them put into practice, where individuals are discriminated against and blocked on a daily basis, is another. In addition to the legal reforms, I believe it is essential to raise awareness among people. The society in general should be more enlightened and open to the plight of transgender and intersex groups. It is only when the general public, at every level, including that of ordinary citizens, becomes alert, compassionate, and active that we will be able to achieve the real spirit of equality, dignity, and inclusion that our Constitution has made the main focus. The paper recommends legislative and policy changes that meet constitutional vows and global standards of human rights, with the focus on access to dignified and community-informed medical services and care that take into account the bodily autonomy of both transgender and intersex populations.

KEYWORDS- Intersex rights, Transgender Rights, Gender affirming care.