While the 2019 Act provided a basic framework, the transgender community in India is currently fighting for more advanced rights—specifically the right to marry, the right to adopt children, and horizontal reservations in education and jobs. This 950-word guide explains the current legal status and the ongoing battles in the Supreme Court.
1. Right to Marriage
As of 2024, the Supreme Court of India in the Supriyo vs. Union of India(Marriage Equality) case has ruled that there is no "fundamental right" to marriage for non-heterosexual couples under the current Special Marriage Act. However, the court has directed the government to form a committee to look into the rights and benefits (like joint bank accounts, insurance, and medical decisions) that can be extended to such couples.
2. The Right to Adopt
Under the current CARA (Central Adoption Resource Authority) guidelines, a single transgender person can adopt a child. However, a transgender couple face hurdles as the law traditionally defines a couple as "husband and wife." The community is seeking changes to make adoption "gender-neutral."
3. Horizontal vs. Vertical Reservations
This is a critical demand. Transgender persons are often put in the OBC (Other Backward Classes) category (Vertical Reservation). However, they are demanding Horizontal Reservation, which means a certain percentage of seats in every category (General, SC, ST, OBC) should be reserved for transgender individuals. Some states like Karnataka have already implemented a 1% horizontal reservation.
4. Protection from Conversion Therapy
The National Medical Commission (NMC) has declared "Conversion Therapy" (trying to change a person's gender identity or sexual orientation through force or psychological pressure) as Professional Misconduct. Doctors practicing it can lose their license.
5. Inheritance and Succession
A transgender person has the same right to inherit property from their parents as any other child. Personal laws are being interpreted broadly to ensure that "son" or "daughter" includes individuals who identify as a different gender than assigned at birth.
Conclusion
The journey from "criminalization" (pre-2018) to "recognition" (2014) to "legal framework" (2019) has been long. The next phase of the struggle is about full social and familial integration through marriage and adoption rights.