How India's higher judiciary is steadily advancing transgender rights amid global anti-trans backlash

November 2, 2025

While countries like the United States and United Kingdom are rolling back transgender rights under the guise of protecting traditional values, India's Supreme Court is taking a markedly different approach by actively expanding legal protections for transgender individuals. Building on the landmark 2014 NALSA ruling that recognized a distinct "third gender" category with full fundamental rights, Indian courts have recently issued several progressive judgments addressing employment discrimination, domestic violence protections, and marriage recognition for transgender people. The October 2025 Jane Kaushik decision directed the creation of an advisory committee to strengthen implementation of the 2019 Transgender Persons Protection Act, while a June 2025 ruling clarified that transgender women possess full legal status as women under Indian law.

Who is affected

Transgender people in India, particularly transgender women
Shanavi Ponnusamy (transgender woman denied employment at Air India)
Jane Kaushik (plaintiff in the Supreme Court case)
Transgender people globally facing rights rollbacks in the US, UK, Europe, and Central Asia
Indian airlines and employers who must comply with gender inclusion requirements
Transgender individuals in heterosexual marriages seeking legal recognition
Transgender persons in non-heterosexual relationships (who still lack marriage recognition)
Activists advocating for transgender rights in India

What action is being taken

The Supreme Court of India has directed the formation of a high-level advisory committee to draft a policy framework for strengthening transgender rights and implementing the Transgender Persons (Protection of Rights) Act, 2019
Indian constitutional courts are providing progressive and expansive interpretations of existing laws to protect transgender rights
The judiciary is continuing to hear and adjudicate cases related to transgender rights

Why it matters

This matters because India's judiciary is charting an opposite course from the global trend of eroding transgender rights, demonstrating that legal systems can expand rather than restrict protections even amid international backlash. India's unique recognition of a distinct "third gender" category creates a legal framework where advancing transgender women's rights doesn't pit them against cisgender women, avoiding the zero-sum framing common in Western debates. These judicial developments provide a blueprint for how courts can proactively interpret anti-discrimination laws to ensure meaningful equality, offering hope to transgender communities worldwide facing increasingly hostile political and legal environments. The trajectory is particularly significant given the global context where major democracies are actively dismantling transgender protections under political pressure.

What's next

The high-level advisory committee directed by the Supreme Court will draft a practical policy framework to strengthen transgender rights and ensure effective implementation of the Transgender Persons (Protection of Rights) Act, 2019
Various petitions challenging certain provisions of the Transgender Persons (Protection of Rights) Act, 2019 are awaiting adjudication before the Supreme Court
Potential future cases may address legal recognition for transgender persons in non-heterosexual relationships and their marriages

Read full article from source: Global Voices