Author: Vedika Mishra, a student at KC Law College, Mumbai.
Abstract
India celebrates women athletes like Mithali Raj, Smriti Mandhana, Mary Kom, and PV Sindhu. However, for trans women, even an opportunity to compete is a battle. The same country that celebrates the success of these women athletes remains strangely silent about another gender identity. Sadly, as of 2025, not a single trans woman has represented India at the national or international level. It is not the talent that is at fault, but the system that has successfully erased an entire gender identity, killing a million dreams and continuing to do so.
Article 14 of the Constitution of India guarantees equality before the law, and Article 15 prohibits discrimination on grounds of sex. Yet, trans women athletes in India struggle – not due to lack of sporting ability, but due to their identity. Evidently, there is a lack of inclusivity in sports globally. Inclusive sports policies are an urgent need for the legal protection, fairness, and inclusion of both trans women and cisgender women. Additionally, trans women have faced either blanket bans or dealt with silence. And silence is not a solution.
This article will explore the current status of trans women in Indian sports and globally, the struggles they face, and the solutions the world needs.
Are trans women being silently dismissed before even getting a fair chance? The answer is definitely yes – it is like losing a match before the toss!
To The Point
Before we dive into the current status of trans women athletes across the globe, it is crucial to understand the answers to a few questions. So, what does “trans woman” mean? And how is the inclusion of trans women unfair to cisgender women?
The world has been witnessing an ongoing debate about whether it is fair to allow trans women to compete in women’s sporting events and whether this is unfair to cisgender women. The core issue at stake is the balance between inclusion and fairness.
Basically, a trans woman refers to a person who identifies as a woman but was assigned male at birth. In simple terms, their gender identity does not align with the sex they were assigned at birth. In contrast, a cisgender woman refers to a person who identifies as a woman and was assigned female at birth. This means that a cisgender woman’s internal sense of gender corresponds with the sex they were assigned at birth. In the landmark judgement of NALSA v. Union of India, the Hon’ble Supreme Court recognized transgender persons as a “third gender”. The Court held that the self-identification of gender is a protected right.
In India, trans women are excluded across 15 major sports due to either explicit international bans or complete silence by Indian federations. Moreover, Indian sports federations lack clear and unified policies that are inclusive of trans women. It is believed that a trans woman has an athletic advantage over cisgender women due to various biological, physiological, and scientific reasons. The reason behind the blanket ban on trans women in various sports across the globe is to promote fairness and protect the integrity of women’s sporting events.
This can only be resolved by finding a balance between inclusion and fairness. Losing aspiring trans women athletes would be a huge loss for the nation.
Use of Legal Jargon
Article 14, 15 & 21 of the Constitution of India: Article 14 of the Constitution of India guarantees equality before the law, and Article 15 prohibits discrimination on grounds of sex. Article 21 deals with the right to life and personal liberty.
NALSA v. Union of India: In this landmark judgement, the Hon’ble Supreme Court recognized transgender persons as a “third gender”. The Court held that the self-identification of gender is a protected right.
Transgender Persons (Protection of Rights) Act, 2019: The primary legislation dealing with transgender persons in India. It also specifically addresses the rights of transgender persons.
Trans woman: A trans woman refers to a person who identifies as a woman but was assigned male at birth. In simple terms, their gender identity does not align with the sex they were assigned at birth.
Cisgender woman: A cisgender woman refers to a person who identifies as a woman and was assigned female at birth. This means that a cisgender woman’s internal sense of gender corresponds with the sex they were assigned at birth.
The Proof
Gender testing issues
To counter perceived unfair advantages due to high levels of testosterone and address concerns about certain female athletes’ gender, gender testing was introduced in the European Athletic Championships in 1966. Over the past few decades, numerous changes and developments have occurred in the realm of gender testing. It comprises various methods, including ocular exams, DNA analysis, body fluid testing, and chromosome testing. Most of these methods have faced significant criticism regarding athlete safety and privacy.
The role of Testosterone
Testosterone is a hormone found in the human body that plays a crucial role in developing sexual characteristics. It is responsible for various functions, including muscle growth, facial and body hair growth, strong bones, and increased muscle mass and strength.
In males, healthy testosterone levels typically range from 300 to 1,000 ng/dL, with athletes often falling within the 600 to 1,200 ng/dL range.
In females, normal levels are between 15 to 70 ng/dL, and athletic women may naturally have levels up to 90 ng/dL.
In the case of trans women, higher levels of testosterone are often considered to provide a competitive advantage in athletics and sports. Certain underlying health conditions, such as hyperandrogenism, congenital adrenal hyperplasia, and polycystic ovarian syndrome, can also lead to higher testosterone levels in women.
Current status of trans women athletes in India
In the landmark judgment of NALSA v. Union of India, the Hon’ble Supreme Court recognized transgender persons as the “third gender”. Despite this recognition, in India, trans women are excluded from sports due to either bans imposed by international sporting bodies and federations or complete silence from Indian federations. Moreover, Indian sports federations lack clear and unified policies that are inclusive of trans women.
Various sports and Indian & International sporting bodies and federations
The International Cricket Council has banned trans women who have undergone male puberty from participating in international cricket matches, regardless of whether they have undergone surgery or gender reassignment treatment. The Board of Control for Cricket in India has no policy addressing this issue. The All India Football Federation also lacks an explicit policy and effectively bans trans women from competing in women’s football matches. Similarly, the World Athletics has banned trans women from participating in women’s track and field events. The Athletics Federation of India also lacks a policy addressing trans women. This situation is mirrored in other sports, where international sporting bodies have banned the participation of trans women who have undergone male puberty in women’s events, while Indian federations and associations remain silent, lacking any policy on the matter.
Sadly, most Indian sports bodies and federations remain silent on the inclusion of trans women.
Current Status of trans women in various countries
During the Berlin World Aquatics Swimming World Cup, a separate category was created for transgender persons. The German Football Association has made a rule for transgender persons, giving them the opportunity to choose between women’s or men’s football teams. The Women’s Tennis Association allows trans women to play in the women’s category, mandating hormonal treatment and maintenance of requisite testosterone levels.
The International Olympic Committee
The International Olympic Committee (IOC) recently announced a significant shift in its approach to the participation of trans women in sports. As of June 2025, the IOC will take a more active role in developing science-based, sport-specific rules for trans women athletes, emphasizing fairness, particularly in high-contact and strength-based sports. This move marks a change from the IOC’s previous framework, which placed the responsibility of establishing guidelines on individual sports.
Case Laws
NALSA v. Union of India: In this landmark judgement, the Hon’ble Supreme Court recognized transgender persons as a “third gender”. The Court held that the self-identification of gender is a protected right. It mandated the government to ensure reservations, healthcare access, and legal recognition for transgender individuals, thereby establishing a foundational framework for trans rights in India under the Constitution of India.
Anamika v. State of Kerala: The Kerala High Court held that in the absence of a separate category for transgender persons, a trans woman has the right to compete in accordance with her self-perceived gender identity.
Delhi High Court Judgment on Trans Women in Sports (April 2025): In April 2025, the Delhi High Court dismissed a PIL challenging the inclusion of trans women in women’s sporting events. The Court refused to impose a blanket ban and noted that policy decisions should be inclusive and based on scientific guidelines.
Andhra Pradesh High Court Judgment on Trans Women in Sports (2024): The Andhra Pradesh High Court, directed the state sports authority to frame inclusive policies for transgender athletes. The Court held that denying trans women participation violates Articles 14 and 21. It emphasized that inclusion is not charity but a constitutional mandate.
Conclusion
Currently, trans women remain largely invisible in mainstream competitive sports. As of 2025, no trans woman has represented India at the national or international level, highlighting the urgent need for developing science-based, sport-specific rules for trans women athletes that emphasize fairness and integrity in women’s sporting events.
True equality in sports will only be achieved when every athlete, regardless of gender identity, is judged not by their body or identity, but by their ability to play.
Leg before wicket makes sense, but Leg before equality? Not so much!
FAQS
Q.1. What is the legal status of transgender persons in India?
In the landmark judgement of NALSA v. Union of India, the Hon’ble Supreme Court recognized transgender persons as a “third gender”. The Court held that the self-identification of gender is a protected right.
Q.2. What does “trans woman” mean?
A trans woman refers to a person who identifies as a woman but was assigned male at birth. In simple terms, their gender identity does not align with the sex they were assigned at birth.
Q.3. How is the inclusion of trans women unfair to cisgender women?
It is believed that a trans woman has an athletic advantage over cisgender women due to various biological, physiological, and scientific reasons. The reason behind the blanket ban on trans women in various sports across the globe is to promote fairness and protect the integrity of women’s sporting events.
Q.4. What reforms are needed in India to make sports inclusive?
Policies must be made considering the bodies and federations to take a more active role in developing science-based, sport-specific rules for trans women athletes, emphasizing fairness and integrity of women’s sporting events.
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