Central Government Reaffirms Measures to Protect Rights and Promote Inclusion of LGBTQAI+ Community

Executive Summary The Central Government of India, through the Ministry of Social Justice and Empowerment, has reaffirmed its commitment to the protection and social inclusion of the LGBTQAI+ community. In a Rajya Sabha reply dated August 13, 2026, the government outlined multi-sectoral measures spanning food security, financial services, healthcare, and safety. Key actions include administrative advisories to States and Union Territories to eliminate discrimination and ensure access to entitlements under the Transgender Persons (Protection of Rights) Act, 2019.

Key Points / Main Content

Legal and Administrative Framework

• The Transgender Persons (Protection of Rights) Act, 2019 (as amended in 2026) provides the legal basis for the protection and welfare of transgender and intersex persons.
• The Act and its subsequent rules aim to facilitate access to welfare measures and provide protection against discrimination across social spheres.

Social and Food Security

• The Department of Food and Public Distribution has clarified that partners in a queer relationship must be treated as part of the same household for ration card purposes.
• States and Union Territories are advised to ensure no discrimination occurs during the issuance of these cards.

Financial Inclusion

• There are no restrictions on members of the queer community opening joint bank accounts.
• A person in a queer relationship is permitted to be nominated to receive the account balance in the event of the account holder's death.

Healthcare Rights and Services

• Prohibitions and Services: The Ministry of Health and Family Welfare has prohibited conversion therapy and mandated the availability of sex reassignment surgery and tele-consultation.
• Sensitisation: Measures include staff training, changes in medical curricula, and awareness activities to reduce discrimination in healthcare settings.
• Intersex Care: Guidelines have been framed for medical interventions for infants and children with disorders of sexual differentiation (intersex) to lead a medically normal life.
• End-of-Life Provisions: New provisions allow for claiming the body of a deceased community member when no near relative or next of kin is available.

Safety and Law Enforcement

• The Ministry of Home Affairs has issued advisories to ensure prison visitation rights for the queer community.
• Law-and-order measures have been directed to States and Union Territories to prevent violence, harassment, or coercion against community members.

Impact Analysis

LGBTQAI+ Community (including Intersex persons) Impact: Members of the community gain formal recognition in domestic spheres (ration cards), financial planning (joint accounts), and healthcare (standardized care and protection from harmful practices). Action Required: Community members can utilize these provisions to apply for joint household entitlements, nominate partners for financial assets, and report instances of discrimination or harassment.

State Governments and Union Territories Impact: Administrative bodies are responsible for the on-ground implementation of federal advisories regarding food security, safety, and healthcare. Action Required: These authorities must update their protocols for ration card issuance, ensure police departments provide protection against violence, and oversee the implementation of healthcare guidelines in state-run facilities.

Financial Institutions and Banks Impact: Banks must ensure their internal policies align with the Department of Financial Services’ advisory on inclusivity. Action Required: Banks must facilitate the opening of joint accounts for queer partners and process nominations for account balances accordingly.

Healthcare Stakeholders and Providers Impact: Medical institutions and practitioners are required to adhere to non-discriminatory practices and specific clinical guidelines for intersex and queer patients. Action Required: Providers must prohibit conversion therapy, implement sensitisation training for staff, and follow established protocols for medical interventions for intersex infants and mental health support.