In India, transgender sex workers comprise 15% of the sex workers’ populace, yet they remain an understudied and underserved group in the commercial sex sector. This group is most exploited and harassed in the sex trade.
Transgender sex workers face violence, sexual assault
Sex workers in India face inhumane treatment and widespread discrimination in public spaces but the struggle of transgenders is worse. In India, transgender sex workers including members of the hijra community – a collective of male-assigned and gender diverse people who dress in “feminine” ways and live together – experience multiple, overlapping forms of marginalization rooted in systemic transphobia, social stigma, and economic exclusion. According to the National Human Rights Commission of India, nearly 50% of transgender persons never attend school, and only 6% are employed in formal sectors. Due to barriers to education and formal employment, many transgender individuals are compelled to engage in either begging or sex work as a means of survival.
A 2017 paper titled Stigma, violence and HIV vulnerability among transgender persons in sex work in Maharashtra—the western Indian state-- revealed that transgender sex workers face physical violence, sexual assault, exploitation, and harassment by clients, intermediaries, and law enforcement authorities, further reinforcing cycles of vulnerability and social disadvantage.
Family rejection, social norms push transgenders to sex work
The heightened risk of violence and harassment experienced by transgender sex workers is largely influenced by two interrelated factors. One is the visibility of their gender identity and expression. Transgender individuals whose appearance or gender presentation does not align with dominant cisnormative expectations are often more easily identified, making them disproportionately susceptible to discrimination, harassment, and physical abuse. The second factor is the widespread experience of family rejection.
A 2021 study titled “Sex work, gender transition, family rejection and depressive symptoms among transgender women in India” stated that some of the reasons for high prevalence of sex work among transgender women in India, include “family rejection and school environment, limited livelihood options, sex work as part of traditional source of income for certain transgender communities, and paying toward gender transition services.”
Compared with many cisgender queer individuals, transgender people are more likely to encounter abuse, discrimination, or exclusion within their households, forcing many to leave home during adolescence or early adulthood. Consequently, many transgender persons, particularly those from socio-economically disadvantaged backgrounds, lack the family-based support networks that typically offer emotional, financial, and physical protection.
The combined effects of gender-based visibility and the absence of stable support systems place transgender sex workers at greater risk of violence and exploitation in public spaces, rendering them especially vulnerable relative to female sex workers and other sexual and gender minority populations.
Digital clients mean more marginalisation
The discrimination and marginalisation have hit a new low with changing sex work dynamics as mobile phones and social media have become major tools for client solicitation. According to the National AIDS Control Organisation's Technical Brief on Changing Trends in the Sex Work Dynamics among Female Sex Workers in India, an increasing proportion of sex workers are operating independently through digital platforms, moving away from traditional brothel- and street-based modes of solicitation.
A study titled Navigating Digital Risks: Lived Experiences and Choices of Trans Women Sex Workers in Kolkata found that transgender women engaged in sex work face multiple, overlapping forms of discrimination, including transphobia, homophobia, and stigma associated with sex work.
Law fails to protect transgender sex workers
In India, transgender sex workers don’t have much protection of law either.
In NALSA v. Union of India (2014), the Supreme Court of India acknowledged the heightened vulnerability of transgender persons, noting that the failure to legally recognize the identities of hijras and transgender individuals deprives them of equal protection under the law and leaves them particularly susceptible to harassment, violence, and sexual assault in public spaces. In response to this landmark judgment, Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019. But the legislation provides only limited protection against these risks. It does not recognize sex work as a legitimate livelihood, nor does it include specific measures to safeguard transgender persons in public spaces where they continue to face disproportionate levels of violence and discrimination.
What is more troublesome is the lenient penal framework of the Transgender Persons (Protection of Rights) Act, 2019. Section 18 of the law prescribes imprisonment of six months to two years for offences involving sexual, physical, verbal, emotional, or economic abuse against a transgender person. But this penalty does not adequately reflect the gravity of the violence and abuse that transgender persons, particularly transgender sex workers experience. Additionally, there are concerns raised by the transgender community about wrongful profiling as traffickers under the law.
By contrast, rape of a cisgender woman is punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376 of the Indian Penal Code, 1860) with rigorous imprisonment for not less than ten years, which may extend to life imprisonment, in addition to a fine.
The substantial disparity in sentencing has been criticized for creating an unequal legal framework that affords transgender persons a lower degree of protection against gender-based violence. Such differential treatment raises important concerns regarding substantive equality and the constitutional guarantees of equality and non-discrimination.
The Immoral Traffic (Prevention) Act, 1956 (ITPA), originally enacted to combat trafficking for commercial sexual exploitation, has been widely criticized for its implementation, which has often focused on policing consensual adult sex work rather than effectively addressing trafficking and exploitation. In 1986, the law expanded to cover male and transgender persons but its enforcement has been associated with increased police surveillance, harassment, and criminalization of transgender sex workers, particularly those engaged in street-based sex work.
Health risk remains a concern
Transgender sex workers in India experience disproportionate health vulnerabilities arising from the intersection of gender identity, sex work stigma, poverty, and exposure to violence.
In India, the HIV prevalence among transgender women is 7.5% (national average), which is nearly 19 times higher than the general population and three times higher than cisgender (i.e., non-transgender) female sex workers.
Empirical research among transgender sex workers in western state Maharashtra demonstrates that stigma, client violence, police harassment, healthcare discrimination, and limited bargaining power contribute significantly to HIV vulnerability and barriers to healthcare access. Studies have also reported high levels of HIV and sexually transmitted infections among transgender sex workers, highlighting the need for rights-based and transgender-inclusive health interventions rather than punitive approaches.
What needs to be done?
Promoting social and health equity for transgender women in India requires community-led organizations and service providers to design and implement interventions that acknowledge the intersecting influences of gender identity, gender transition, and engagement in sex work. These findings underscore the need for policies and programs that address the complex structural and social determinants shaping the health and well-being of transgender women.
The authors of the paper titled Navigating Digital Risks: Lived Experiences and Choices of Trans Women Sex Workers in Kolkata emphasize the need for more inclusive digital governance and underscore the important role of non-governmental organizations in advocating for the rights, health, and safety of transgender women sex workers.
Achieving meaningful social and health equity for transgender sex workers in India requires comprehensive structural reforms that uphold their human rights and dignity. Legal and policy frameworks should eliminate discriminatory provisions, strengthen protections against gender identity-based discrimination, and ensure equal access to justice, healthcare, education, and employment to them.