TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION: LEGAL CHALLENGES AND PATHWAYS TO EQUALITY
AUTHOR – APRAJEETA KUMARI, STUDENT AT AMITY LAW SCHOOL PATNA
BEST CITATION – APRAJEETA KUMARI, TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION: LEGAL CHALLENGES AND PATHWAYS TO EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I94
Abstract
This paper examines the historical evolution and legal standing of transgender rights in India, with a focus on Article 14 of the Indian Constitution, which guarantees equality before law and equal protection to all citizens.
Transgender individuals, historically referred to as “Hijras,” held respected positions in ancient Indian mythology and medieval royal courts. However, British colonial rule drastically altered their status through Section 377 of the IPC, 1860, which criminalized homosexuality, leading to widespread marginalization that persisted even after independence.
Over time, landmark judicial interventions reshaped the legal landscape. The NALSA v. Union of India judgment recognized transgender persons as a third gender and affirmed their fundamental rights under Articles 14, 15, 16, 19, and 21. The Navtej Singh Johar v. Union of India (2018) ruling decriminalized consensual homosexual acts, while Arunkumar and Sreeja (2019) expanded the definition of “bride” under the Hindu Marriage Act to include transgender women. The Transgender Persons (Protection of Rights) Act, 2019 further strengthened protections by prohibiting discrimination in employment, education, and healthcare, and providing legal gender identity through district-issued certificates.
Despite these legal advancements, the paper acknowledges that practical challenges remain. A National Human Rights Commission report cited that 99% of transgender individuals have faced rejection across family, education, employment, and healthcare, underscoring the gap between legal protection and lived reality.
The paper concludes that sustained efforts — including reservation policies, public awareness, and stronger governmental implementation — are essential to ensuring that transgender individuals enjoy equal dignity, opportunity, and respect as full citizens of India.