The constitution of India
In 2009, India’s Election Commission took the first step by allowing transgender to choose their gender as “other” on ballot forms. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is a significant initiative of the 11th Five Year Plan period, which brought employment opportunities for transgender people.
The constitution of India has given equal rights like other citizens and ensures that they should not be discriminated against on the ground of gender as it can violate Article 14,15,16 and 21. The court also gives one’s gender expression protection under Article 19(1) (a), and no one shall restrict personal appearance or choice of dressing under Article 19(2).
Article 7(1) of Transgender Persons Act -2014 has given the right to live in the community with choices equal to others. Again, in section 11(1), it is ensured that no transgender child should separate from his or her parents based on his gender except on order of court and interest of the child. The section 11(2), it stated family unable to care transgender child, the court shall try to place him or her within his or her extended family or the community in a family setting. According to section 16(1) no transgender person shall be discriminated in any matter relating to employment, promotion and other related issues by any establishment or organization. Again, section 16(2) ensures that any transgender person who applied for any post who is eligible shall have the right to appear for the selection and hold the post if selected. According to section 22, directs government to reserve not less than two percent of vacancies for direct recruitment for transgender persons. According to section 26(1), The central government shall form a National Commission for transgender persons by notification , to exercise the power given to them and to perform the functions assigned to it, under this act. Likewise, at state level section 38(1) directs state government to form a body known as the State Commission persons to exercise the power given to them and to perform the functions assigned to it.