Why India Must Move Beyond "Transgender" for an Inclusive Future

India has made significant strides towards inclusivity and progressive policies in recent years, particularly concerning gender and sexual minorities. However, a critical issue remains: the lack of awareness and education on the distinctions between sexual orientation and gender identity. This confusion often leads policymakers to lump diverse gender identities into a single category—“transgender”—and issue a one-size-fits-all "Transgender ID" card.

This article aims to highlight the need for policymakers to broaden their understanding of gender diversity, recognize the unique challenges different gender identities face, and move beyond the limited frameworks currently in place.

The lack of awareness in India about diverse gender identities, with a narrow focus on "transgender" as the sole recognized identity, is rooted in a deep cultural legacy and policy shortcomings. For centuries, the Hijra community, which is often mistakenly equated with the entire transgender population, has been the face of gender nonconformity in India. This visibility, while significant, has overshadowed other identities such as transwomen, transmen, and non-binary individuals, leading society to conflate all non-cisgender experiences under one umbrella. The government’s limited policies, like the Transgender Persons (Protection of Rights) Act, 2019, further reinforce this oversimplification by recognizing only "transgender" without educating the public about the broader spectrum of gender diversity. This, combined with inadequate education and cultural taboos around discussing gender, perpetuates a one-dimensional understanding, leaving many gender identities unrecognized and misunderstood.

Gender Identity vs. Sexual Orientation: Clearing the Confusion

Before we address the larger policy issues, it's essential to clear up a common misconception: sexual orientation and gender identity are not the same. Sexual orientation, which encompasses identities like lesbian, gay, bisexual, and others, relates to whom a person is romantically or sexually attracted to. Gender identity, on the other hand, is about how a person perceives themselves in terms of gender—whether they identify as male, female, non-binary, or other.

Despite this clear distinction, Indian policymakers often conflate the two, prioritizing individuals based on sexual orientation and overlooking those whose gender identity does not fit within traditional categories. This results in individuals who identify as transwomen, transmen, or non-binary being incorrectly categorized as "transgender" and issued a generic Transgender ID card, which does not reflect their specific identity or needs.

The Problem with the "Transgender" Label in Indian Policy

India's recognition of the "transgender" identity has been a positive step toward inclusion, but it also demonstrates the limitations of our current approach. In an attempt to address the rights of gender minorities, the government has chosen to create a broad and overly simplistic category. Under this category, anyone who doesn't conform to the gender assigned at birth is labeled "transgender." This approach ignores the fact that individuals within this umbrella, such as transwomen, transmen, and non-binary people, have unique experiences, needs, and challenges that cannot be addressed through a one-size-fits-all solution.

This confusion is further compounded by the issuance of Transgender ID cards, which are supposed to confer legal recognition to individuals within this group. While these ID cards may provide certain benefits, they also create problems. People who identify as transwomen, for example, may not want to be broadly classified under the term "transgender." Their identification as women needs recognition—not an ambiguous label that groups them together with individuals who may not share their identity or experiences.

In India, the LGBTQ+ community often takes shelter under the transgender identity to access legal recognition and benefits due to the narrow and limited recognition of gender diversity in Indian laws. While LGBT encompasses sexual orientation (lesbian, gay, bisexual), the transgender identity is one of the few officially acknowledged categories by the Indian government. This creates a loophole where individuals, especially those who do not conform to traditional sexual norms, may align themselves with the transgender category to gain legal protections, social benefits, or even access to welfare schemes intended for the transgender population. For instance, the Transgender Persons (Protection of Rights) Act, 2019, although flawed, offers certain rights and identity documentation that many LGBT individuals cannot access under their true sexual orientation due to the lack of separate legal frameworks for them. By doing so, they not only circumvent the system to survive but also inadvertently dilute the unique struggles of transgender individuals, creating further confusion between sexual orientation and gender identity. This misclassification underscores the urgent need for policies that clearly distinguish between these identities and extend rightful recognition and protection to both sexual and gender minorities.

In India, transwomen often find themselves entangled within the transgender community due to a combination of social, legal, and economic factors, as well as a lack of nuanced understanding of diverse gender identities. One of the primary reasons for this entanglement is the legal framework that does not fully recognize transwomen as women, but rather collapses them under the broad umbrella of "transgender." Consequently, many transwomen are left without proper legal recognition or access to gender-affirming documentation and rights, pushing them into the transgender community, which itself faces systemic marginalization.

Moreover, societal ostracization plays a significant role. From a young age, many transwomen are rejected by their families, schools, and communities due to deeply entrenched social stigmas against gender nonconformity. With limited opportunities for education, employment, and healthcare, they are often forced to join traditional transgender communities, such as the Hijra culture, which has a long-standing presence in India but is historically marginalized.

These communities, due to extreme poverty and lack of formal employment options, often resort to begging or prostitution as a means of survival. This cycle is further perpetuated by the lack of viable alternatives and the absence of social support systems. The discriminatory policies and social rejection trap many transwomen in these exploitative professions, making it incredibly difficult to break free.

The Issue of Misclassification and Its Impact

One of the most damaging consequences of misclassifying gender identities under a single label is that it leads to inadequate support and resource allocation. By treating all gender identities as "transgender," policymakers fail to recognize the specific needs of transwomen, transmen, and non-binary individuals. This also encourages public misconceptions, making it seem as though all gender-diverse individuals have the same challenges, which is far from the truth.

In many cases, individuals are encouraged—or even forced—into adopting religious roles within the Hijra community, as the government’s recognition often limits their options. This does not reflect the aspirations of many transwomen who seek to integrate into society as women, not as members of a third gender or religious identity. Such misclassification not only restricts personal freedom but also reinforces harmful stereotypes about gender diversity in India.

Same-Sex Marriage and Gender Identity: A Complicated Argument

The confusion between gender identity and sexual orientation becomes even more problematic when applied to the debate on same-sex marriage. Those opposing same-sex marriage often argue that traditional concepts of gender and marriage must be preserved, focusing narrowly on the idea that marriage should only be between a man and a woman. However, this argument ignores the lived realities of individuals whose gender identities fall outside the traditional binary.

For instance, a transwoman who identifies as female and is romantically involved with a man may be seen as part of a "same-sex" relationship under current legal frameworks, even though, in her experience, she is part of a heterosexual relationship. Conversely, a gay man in a same-sex relationship is seeking marriage recognition based on sexual orientation, not gender identity. This confusion leads to blanket opposition to same-sex marriage, as opponents wrongly conflate the legal and societal implications of gender identity and sexual orientation.

By failing to recognize the distinctions between gender identity and sexual orientation, Indian policymakers are inadvertently undermining both marriage equality and gender inclusivity.

Why India Must Recognize Other Gender Identities

The lack of recognition for other gender identities has serious consequences for both individual rights and social justice. Beyond the personal misidentification and lack of access to appropriate support, the overarching issue is one of visibility and respect. If India's legal frameworks fail to recognize people for who they truly are, those individuals remain socially invisible, leaving them more vulnerable to discrimination, violence, and economic insecurity.

The focus on sexual orientation, particularly through campaigns and legal reforms targeting LGBT+ rights, while important, has overshadowed the critical need to address the challenges of gender-diverse communities. The LGBT+ community, especially in the context of India, is often misunderstood to represent a collective struggle for both sexual orientation and gender identity. However, these are distinct experiences that require different forms of support. While India has progressed in recognizing sexual orientation through changes such as the decriminalization of homosexuality, the specific needs of gender-diverse individuals, like transwomen and non-binary people, have largely been ignored.

The Rainbow Flag as a Unifying Symbol

For gender-diverse individuals, the rainbow flag stands as a powerful symbol that bridges both gender identity and sexual orientation struggles. While specific gender identity flags such as the transgender flag hold their own importance, the rainbow flag’s broader reach continues to make it a unifying symbol for those fighting for a more inclusive and accepting world.

In countries like India, where confusion between gender identity and sexual orientation is still prevalent, the rainbow flag can play a significant role in bringing visibility and inclusivity to all marginalized identities, urging policymakers and society to embrace the full spectrum of human diversity.

The Role of Policymakers in Promoting True Inclusivity

India's policymakers need to shift their focus from a generalized approach that lumps all gender-diverse individuals into the "transgender" category to one that truly recognizes the complexity of gender identity. This includes:

1. Expanding Legal Definitions: It's time for India to recognize the distinct identities of transwomen, transmen, non-binary, genderqueer, and other gender-diverse individuals. This recognition should go beyond issuing a "Transgender ID" card and instead allow individuals to identify themselves accurately based on their gender identity, not just under an umbrella term.
2. Tailored Support Systems: Policies need to be designed with the unique challenges of different gender identities in mind. Transwomen, for example, may need different healthcare services than transmen or non-binary individuals. The government should ensure that its social programs cater to these varying needs.
3. Awareness and Education Campaigns: Education is key to breaking down misconceptions about gender and sexual orientation. The government and social organizations must engage in widespread campaigns to educate the public, including policymakers, on the full spectrum of gender identities. This will help prevent the conflation of sexual orientation and gender identity and foster a more inclusive society.
4. Creating Inclusive Identity Systems: Instead of issuing a single Transgender ID, the government should develop a system where individuals can accurately declare their gender identity, whether they are transwomen, transmen, or non-binary. This will help in providing them with tailored legal protections and rights that align with their actual identity.
5. Revising Legal Definitions: Policymakers must broaden legal definitions to accurately distinguish between gender identities and sexual orientations. Transwomen, transmen, non-binary people, and others who do not fit neatly into existing categories must be explicitly recognized in Indian law.
6. Separate Legal Frameworks for Gender and Sexuality: The government must create legal frameworks that cater to the specific needs of gender minorities and sexual minorities separately. The oversimplified classification of all individuals under the transgender umbrella is insufficient for addressing the specific challenges that different communities face.
7. Legal Recognition of Same-Sex Marriage: India’s government must recognize that legalizing same-sex marriage is not just a matter of affirming LGBT+ rights, but is also about respecting the gender identities of individuals in relationships. This would ensure that all individuals—whether they are gay, lesbian, bisexual, or trans—can marry the person they love.
8. Inclusive Identity Systems: Issuing Transgender ID cards without considering the specific identity of trans individuals, such as transwomen or non-binary individuals, perpetuates misclassification. There must be a more comprehensive system that allows individuals to self-identify in a way that reflects both their gender identity and their sexual orientation.

Building an Inclusive Future

True inclusivity can only be achieved when policies reflect the diversity of the population. India has taken steps in the right direction, but the country's legal and social frameworks need to evolve further to embrace a more nuanced understanding of gender identity. Recognizing transwomen as women, transmen as men, and non-binary individuals as valid gender identities in their own right is not just a matter of legal reform—it’s a matter of dignity and respect.

As India progresses, we must ensure that we’re not leaving anyone behind by adopting policies that oversimplify or misclassify individuals. The separation of gender identity from sexual orientation and the recognition of all gender-diverse individuals are essential to building a truly inclusive society where everyone—regardless of their gender—can thrive.