The Registrar General of India (RGI), during Enumeration of Census 2011, for the first time provided three codes i.e. Male-1, Female –2 and others -3 for enumeration. This was at the discretion of the respondent. In case the respondent wished to record neither ‘1’ nor ‘2’, then enumerator was instructed to record sex as ‘other’ and give code ‘3’. It is important to note that the Census of India does not collect any data specifically on ‘transgender’. Thus, the category of ‘other’ would not only include ‘transgender’ but also any person who desires to record sex under the category of ‘other’. It is also possible that some transgenders would have returned themselves either male or female depending upon their choice. The population of ‘other’ as per Census 2011 is 4,87,803.
An Expert Committee was constituted in the Ministry to make an in-depth study of the problems being faced by the Transgender Community and suggest suitable measures to ameliorate their conditions. The Committee submitted its report on 27th January 2014. The Committee in its report has observed that the transgender community is a highly marginalized and vulnerable one and is seriously lagging behind on human development indices mainly in the area of education and employment.
The Hon’ble Supreme Court in its Judgment dated 15.04.2014 in WP(C) 400/2012 (NLSA Vs. UOI) directed, inter-alia, the Centre and State Governments to take steps to treat Transgenders as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.
In order to provide for protection of rights of transgender persons and their welfare, the Ministry introduced a Bill titled “The Transgender Persons (Protection of Rights) Bill, 2016” in the Lok Sabha on 2.8.2016, the Bill was passed by the Lok Sabha on 17.12.2018.