Legal and Social Situation of Transgender Women in India Before NALSA

No Legal Recognition

The Indian Constitution guarantees equality to all citizens, but there was no special provision for transgender people. Government documents like passports, voter IDs, and ration cards only had two options – “male” or “female.” Because of this, transgender women could not access welfare schemes, education, or proper jobs.

Historical Discrimination and Social Stigma

During British rule, the Criminal Tribes Act of 1871 labeled many transgender people (then insultingly called “eunuchs”) as criminals by birth. Even though this Act was removed after independence, the stigma remained. Also, Section 377 of the Indian Penal Code, which criminalized same-sex relations, increased prejudice and discrimination against them.

No Protective Laws

Before 2014, there were no laws to protect the rights of transgender people. While women and children had special laws for safety and welfare, transgender women were left out of labor laws, reservation policies, and government schemes. This pushed many into poverty, unemployment, and even homelessness.

Violation of Fundamental Rights

In practice, transgender women were denied basic constitutional rights such as:

• Right to equality (Article 14)
• Right against discrimination (Article 15)
• Right to life with dignity (Article 21)

Discrimination in Daily Life

The lack of legal protection allowed discrimination in schools, hospitals, and workplaces. Without valid ID proof, many could not get proper jobs and were forced to depend on begging or sex work to survive. Police harassment and social exclusion were also very common.

Conclusion: Living in a Legal Vacuum

Before the NALSA judgment, transgender women were treated as invisible in law and society. They were citizens in theory but were denied the practical use of their rights. This legal gap made their social exclusion worse. It was only in 2014 that the Supreme Court recognized their right to self-identify their gender and directed the government to take steps for their protection.