Delhi Assembly Election 2024: Transgender Voters Face ID Certificate Barriers, Low Electoral Registration, Polling Booth Discrimination

As Delhi gears up for its Assembly election, transgender voters say they face a dilemma: choosing between their right to vote and their right to be recognised for who they are. While cisgender voters move smoothly through binary lines, trans, non-binary, and other genderqueer individuals say they often find themselves disenfranchised by a system that forces them to compromise their identity to cast their vote. In the recently released electoral roll of Delhi, only 1,261 third-gender voters were registered, a slight increase from the 1,176 registered for the Lok Sabha election. This contrasts with the 2011 census, which recorded over 4,200 transgender people in Delhi. Civil society organisations estimate the city’s transgender population may exceed one lakh.

According to transgender voters, systemic barriers hinder full electoral participation. Even Rajan Singh, Delhi’s first transgender candidate in the 2024 Lok Sabha election, could not vote due to a lack of infrastructure accommodating transgender people at polling booths. The absence of separate voting lines, inadequate facilities, and harassment from polling officials and other voters prevent even registered third-gender voters from exercising their rights. In the 2024 Lok Sabha election, only 28 per cent of registered third-gender voters in Delhi cast their vote. Moreover, the requirement of a transgender identity certificate for official recognition leaves many without the documentation necessary to register.

A senior Election Commission official, speaking anonymously to Frontline, said: “Gender is self-declared and voluntary. We aim to increase transgender voter registration, but many are unwilling to declare themselves as transgender.” While new voters can register as third-gender without documentation using Form 6, updating gender on existing voter IDs requires Form 8 and a transgender identity certificate as proof. This certificate requirement blocks many from voting under their preferred gender.

Identification and verification challenges

The Transgender Persons (Protection of Rights) Act, 2019, acknowledges the right to self-perceived gender identity (legal, social freedom of people to define and identify their gender without validation or approval from external authorities) and allows individuals to apply for a certificate of identity. Section 6 of the Act enables transgender persons to record their gender as transgender, while Section 7 allows changes to male or female after undergoing gender-affirming surgery. The identity certificate is issued through the Central government’s SMILE (Support for Marginalized Individuals for Livelihood and Enterprise) portal, which facilitates access to welfare schemes and updates to official documents, including voter ID cards. Nationwide, about 24,800 certificates have been issued out of 29,634 applications. In Delhi, however, only 497 out of 967 applicants (51.4 per cent) received their certificates.

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The SMILE portal states that “district authorities must issue transgender certificates and ID cards within 30 days of receiving the application”. Currently, 962 applications have been pending for one to three months, 766 for four to six months, and 831 for seven to 12 months.

Dev, a trans man, and Maze, who identifies as gender non-conforming, are among Delhi residents unable to vote due to not having a Transgender Identity Card (TG card). “It’s contradictory when you read the NALSA judgement and the TG law. The judgement says if we identify as trans, we are trans. But the government says we need paper proof to validate that identity,” said Maze. “I haven’t applied because my identity doesn’t require validation from a document.”

The TG card application process is allegedly tedious and often hinges on the discretion of District Magistrates (DMs). “Once you approach the DM, they often dismiss us, saying, ‘You don’t look transgender.’ What does that even mean?” Maze asked. Although the NALSA judgement stresses on self-identification without third-party validation, the TG card remains essential for updating voter IDs. Tripti Tandon, Deputy Director of the Lawyers’ Collective, noted, “The TG card is supposed to make life easier. Before the 2019 Act, one had to issue ads in newspapers, affirm affidavits, and publish in the Gazette of India to change names and genders. Officials demanded irrelevant documents and often rejected applications arbitrarily.”

The 2019 Act simplified the process by designating DMs as the sole authority for issuing certificates, with an online application system aimed at reducing face-to-face discrimination. That said, new barriers have come up now. Some officials create extra verification steps, fearing fraud or security concerns. In Delhi, police or district officers visit applicants’ homes to verify their gender identity—an intrusive process that violates privacy, according to rights activists. This deters many from applying.

Rudrani Chettri, founder of Mitr Trust, pointed out another important issue: “Many in the transgender community have not attended school. Applying for a TG card without help from an NGO or civil society organisation is nearly impossible.” She said that rampant illiteracy and lack of resources make the digital application inaccessible. Also, applications submitted outside one’s original address are sent to the magistrate of the applicant’s home State, complicating the process. “If parents have disowned someone, they won’t verify the person’s identity. This creates a cycle where verification fails,” said Chettri.

For Dev, document verification is a major hurdle. “My parents have passed, and my closest kin is my maternal uncle. If the police ask about my gender identity, it would create an unpleasant situation,” he said. Dev and Maze reside in Garima Greh, a shelter home for trans people run by Mitr Trust under the Ministry of Social Justice and Empowerment’s SMILE scheme. These shelters provide basic amenities and skill development programmes but face challenges, including overcrowding, insufficient funding, and harassment. Only 12 such shelters are operational nationwide.

Systemic exclusion and polling challenges

Rohit Yadav, Project Manager at Delhi’s Garima Greh, said, “We deal with overcrowding because we’re provided only 25 seats. When a transgender person in desperate need comes to us, we accommodate them at Mitr Trust, but resources are limited.” Under SMILE, the government allocated Rs.36.46 lakh for establishing Garima Grehs, with Rs.31.44 lakh for annual recurring expenses. But disbursements have been delayed for the past two years. “We’ve had to rely on donations and even took out a bank loan. Rent and utilities cost Rs.1.2 lakh monthly, and delays in funding make operations challenging,” added Yadav. The Ministry of Social Justice and Empowerment did not respond to Frontline’s queries regarding the funding delays.

Harassment complicates the shelter’s operations further. “Despite being a government-funded program, police frequently accuse us of ‘making people transgender’. This constant scrutiny and hate are intolerable,” said Chettri.

The Transgender Welfare Equity and Empowerment Trust (TWEET) Foundation manages similar shelters, a Garima Greh in Mumbai and a private shelter for trans men in Delhi, and faces comparable challenges. “Garima Greh is a good programme, but implementation is a challenge,” said Aman Shukla, Chairperson of TWEET Foundation. “Without timely funds, managing resources becomes impossible. Delays beyond 45 days lead to eviction threats from landlords.”

Beyond shelters, systemic exclusion in workplaces worsens the problem. “For a trans person with masculine features wearing a saree, corporate spaces are hostile. Bullying often forces them to quit within months,” Shukla said. The government’s lack of transgender protection cells compounds the problem. Despite the Transgender Persons (Protection of Rights) Rules, 2020, mandating their establishment, Delhi has yet to comply. Shukla said, “The translation of laws to local levels hasn’t happened. Crucial aspects like the use of pronouns and dead names are still not defined, bringing to attention the need for proper implementation.”

Following recommendations from the National Human Rights Commission, Delhi’s Department of Women and Child Development issued a circular on October 9, 2023, outlining steps to improve transgender welfare. The circular mandated anti-discrimination cells in each district, “third gender” options for jobs and exams, employee sensitivity training, and separate washrooms for transgender individuals. The department is yet to respond to Frontline’s queries about whether these measures have been implemented.

Transgender voters say they also face obstacles at polling stations. Rajan Singh, who contests from Kalkaji in the upcoming election, shared her experience during the 2024 general election. “There were two queues—one for males and one for females. I didn’t know where to stand. How can I lie?” she asked. Such binary divisions extend to public spaces, forcing transgender individuals into uncomfortable situations. The lack of separate lines for transgender voters contributes to low turnout.

On separate voting lines, an Election Commission official said transgender voters can use either the regular queues or the “third line” designated for seniors and people with disabilities. However, using the queue for disabled people reinforces marginalisation as said Maze, a Delhi voter.

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Voting under birth names (“dead names”) during transition poses another challenge. Rudrani Chettri said many transgender people continue using their birth names on voter cards, fearing changes could invalidate them. “Those visibly transitioning but unable to update their ID cards often skip voting,” she said. Chettri, who recently began transitioning, faces this dilemma. “When I vote next year, I won’t appear typically male or fully as a trans woman. I fear rejection and shame at the polling booth.”

With the Delhi election approaching, mainstream political parties remain silent on transgender issues, trans community members allege. Singh, contesting under the Aam Janata Party, advocates for reserving two of Delhi’s 70 Assembly seats for transgender people. “Representation is lacking. Delhi has no transgender officers in its police force, while States like Karnataka have introduced a one per cent reservation. Delhi must follow suit,” she said. Singh’s campaign focuses on addressing the absence of transgender-inclusive infrastructure, such as gender-neutral toilets and hospital wards.

Rights activists and trans community members say the challenges faced by transgender voters underscore the systemic exclusion of the community. Singh says representation, inclusion, and systemic reforms are essential for ensuring that transgender individuals can participate fully in the democratic process. “My constituency (Kalkaji) has only five registered transgender voters. If I get those five votes, it would be a victory because it means they felt empowered to step out and vote.”