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The LGBT communities all around the world have been in a constant battle against the discrimination they face on a daily basis. They are segregated from the mainstream of the society and failed to find their identity with any other sex categories. However, in the recent years they are trying to organize themselves to fight out their concern. Yet they are continues to be ostracized. People in the LGBT community are fighting for equal rights and acceptance. Trans people especially, face a lot of difficulty in finding acceptance. The constitution provides for the fundamental right to equality, and tolerates no discrimination on the grounds of sex, caste, creed or religion. Article 23 prohibits trafficking in human beings as beggars and other similar forms of forced labour. The problem of transgender is more critical compared to other sex. The Supreme Court in the case of "National Legal Services Authority Vs Union of India" declared transgender people to be the third gender. The case affirms that fundamental rights guaranteed in the constitution will be equally applicable to transgender people and entitled to maintain their self-identity as a separate gender. The constitution affirms equality in all spheres of life but the moot question is whether it is being applied to the LGBTs. In this article it is an attempt is made to analyses the rights of LGBTs in India.