Lesbian, gay, bisexual, and transgender persons are entitled to the full protection of the Constitution. Equality, dignity, privacy, and freedom of expression do not depend on gender identity or on whom a person loves. The Supreme Court has said so in clear terms.
In National Legal Services Authority v. Union of India (2014), the Court recognised transgender persons as a third gender and held that Articles 14, 15, 16, 19, and 21 protect them. In Navtej Singh Johar v. Union of India (2018), the Court read down Section 377 of the Indian Penal Code so that consensual sexual conduct between adults in private is not a crime. The Transgender Persons (Protection of Rights) Act, 2019 prohibits discrimination in education, employment, healthcare, and access to public places, and provides for a certificate of identity.
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The right to be treated with dignity by the police, hospitals, schools, and employers, and to be addressed by one’s self-identified gender.
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The right of an adult to privacy in consensual relationships. Public authority cannot intrude into a private adult relationship that harms no one.
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The right against discrimination in admission, hiring, housing, and use of goods and services that are offered to the public.
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The right of a transgender person to a certificate of identity, and to residence in the household without being separated only because of gender identity.
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The right to file a police complaint for assault, extortion, or harassment, and to have that complaint registered like any other cognizable case.
