Unseen Barriers: How the International Transgender Day of Visibility (TDOV) Overlooks Systemic Trans Oppression | Manas Mukul Bandyopadhyay, Gouri Shankar Nag

We have just passed March 31st, which marks the International Transgender Day of Visibility (TDOV). This day, observed annually since 2009, pays tribute to transgender individuals worldwide, celebrating their accomplishments and victories while raising awareness about the discrimination and violence they face. This commemoration not only acknowledges the invaluable contributions of transgender people to the fabric of society but also serves as a potent rebuke against the oppressive forces of cisnormativity and heteronormative dominance. Mainly celebrated in Western nations, particularly the United States, TDOV defends sexual freedom, embodies diversity, and cultivates the evolution of novel identities within societal frameworks.

The Counterculture Movement and Emergence of Transgender Identity
The 1960s and 1970s saw the rise of the counterculture movement in the West, which challenged traditional social norms and values. This movement paved the way for the emergence of transgender identity as a distinct and legitimate aspect of human experience. It was from this time that the struggle for the rights of LGBT (Lesbian, Gay, Bisexual, and Transgender) individuals began and gradually evolved, transforming from a counterculture to eventually achieving global recognition. Thus, the struggle for LGBT rights has been a long and arduous one, spanning decades and traversing the globe. So, the modern LGBT rights movement has its roots in the counterculture of the 1960s and 1970s in the Western hemisphere, particularly in the United States. This period saw the emergence of a vibrant and vocal LGBT community, which began to challenge the existing social norms and demand recognition and equality just like everyone else.

The Stonewall riots of 1969 in New York City marked a pivotal moment in the LGBT rights movement, as it sparked a wave of protests and activism across the United States. The riots were a response to a police raid on the Stonewall Inn, a gay bar in Greenwich Village, and marked a turning point in the struggle for LGBT rights.

Since then, the LGBT rights movement has gained momentum globally, with significant advances in recent years. The International Transgender Day of Visibility, celebrated annually on March 31st, is a testament to the growing recognition and acceptance of transgender individuals worldwide.
LGBT Community’s Struggle for Rights in India: A Long and Winding Road
In India, the LGBT community has been fighting for its rights and recognition for several decades. The community’s struggle gained momentum in the 1990s, with the formation of some organizations like the AIDS ‘Bhedbhab Virodhi Andolan’ (ABVA) and the Naz Foundation (NGO). These groups worked tireless to raise awareness about LGBT issues, challenge discriminatory laws, and advocate for equal rights just like everyone else.
In India, gradually the LGBT rights movement has also made significant progress in the past few years. The Delhi High Court’s landmark judgment in the year 2009, which decriminalized homosexuality, marked a major milestone in the struggle for LGBT rights in India. The judgment was later upheld by the Supreme Court in the year 2018.

Again, a significant milestone was achieved in the year 2014 when the Supreme Court of India recognized transgender people as a ‘third gender’ in the landmark ‘NALSA v. Union of India case’. This judgment granted transgender individuals the right to self-identify their gender and access education, employment, and healthcare without discrimination.

However, despite this progress, the LGBT community in India still faces significant challenges. Although the judiciary has recognized some of their rights, they still have a long way to go. Moreover, the various issues of LGBT have yet to receive religious recognition. Furthermore, the Supreme Court has yet to recognize same-sex marriage, and many LGBT individuals still continue to face social stigma, violence, and harassment in their daily lives. Therefore, the community remains marginalized and stigmatized still now.
Besides, the government of India has also been slow to recognize the rights of LGBT individuals. While the Supreme Court has recognized the rights of transgender individuals, including their right to self-identify their gender, the government has yet to enact proper legislation that provides comprehensive protections for the LGBT community.

The Intersection with the Indian Constitution and Universal Human Rights

The struggle for LGBT rights in India is closely tied to the country’s constitutional framework and its commitment to universal human rights. Article 21 of the Indian Constitution which guarantees the right to life and liberty has been interpreted by the courts to include the right to privacy and dignity which are essential for the well-being and safety of LGBT individuals.
Moreover, India’s commitment to universal human rights, including the rights enshrined in the Universal Declaration of Human Rights, requires the government to protect the rights of all individuals, regardless of their sexual orientation or gender equality. The recognition of transgender people as a ‘third gender has also been linked to the broader discourse on human rights, including the Universal Declaration of Human Rights and the ‘Yogyakarta Principles’.

The Ongoing Challenges and the Importance of Networking

Despite the progress made in recent years, the LGBT community in India remains a minority and an endangered one. The lack of recognition and acceptance from society, including from families and communities, remains a major obstacle for LGBT individuals. The absence of comprehensive enactment also perpetuates the marginalization and exclusion of LGBT individuals. To overcome the ongoing challenges, it is essential for the community to build strong networks, and alliances with other marginalized groups, as well as with mainstream society.

The use of media platforms is crucial in amplifying the voices and concerns of the LGBT community, raising awareness about their struggles, and promoting acceptance and inclusivity. By working together and leveraging the power of media, the LGBT community can continue to push for its rights and strive for a more equitable and just society.

In this situation, it can be observed that the prospect of the transgender community is complex and multifaceted. Historically, transgender individuals have faced significant challenges and discrimination, but there have been notable advancements in recent years. As we approach International Transgender Day of Visibility (TDOV) on March 31st, 2025, the prospect for the transgender community is one of growing visibility, recognition and advocacy. Now, it is essential to acknowledge the progress made and the challenges still faced by the community.

Key Areas of Progress:

i) Increased Visibility – TDOV provides a platform for transgender individuals to share their stories, experiences, and successes, promoting greater understanding and acceptance; ii) Advocacy and Recognition – Efforts to promote trans rights, challenge discriminatory laws, and support trans-owned businesses are gaining momentum; iii) Community Building – Events and activities related to TDOV foster a sense of community, solidarity, and support among transgender individuals and allies.

Challenges Ahead:

i) Discrimination and Violence – Transgender individual continue to face barriers to healthcare, employment, and social activities, as well as violence and discrimination; ii) Political Uncertainty – Shifting political landscapes and laws that infringe on trans rights pose significant challenges to the community.

Despite these challenges, the transgender community remains resilient and determined to advocate for their rights and visibility. As we commemorate TDOV on March, 31st, 2025, let us renew our commitment to supporting and amplifying the voices of transgender individuals worldwide.

(Author: Dr. Manas Mukul Bandyopadhyay, Associate Prof. and Head, Political Science, (Retd. WBES), Chandernagore Govt. College, Chandernagore, Hooghly, West Bengal; Dr. Gouri Shankar Nag, Professor and Head, Political Science, Sidho-Kanho-Birsha University, Purulia, West Bengal)