The word "transgender" was coined in the 1970s to describe people whose gender identity, expression, or behaviour does not adhere to normative gender norms. True sex and gender issues were a characteristic of the twentieth century in encouraging equitable participation in society. Gender is a complicated social construct that is based on biological sex, but it is not synonymous with sex. It is also possible to claim that gender alone drives and that sex is only an accidental aspect.

Gender makes sexual contact and reproduction easier. Identity, expression, presentation, relationships, child-rearing, social role and structure, partnering, games, and sensuality are all connected with gender. The human race is a sexually dimorphic species, with physical appearance serving as one component of gender identification. Gender is set in childhood, yet it stays wonderfully flexible, full of twists and turns.

Section 2(k) defines "transgender person" as a person whose gender does not match the gender assigned to that person at birth, and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery, hormone therapy, laser therapy, or such other therapy), person with intersex variations, gender queer, and person with socio-cultural identities such as kinner, hijra, aravani, and jogta.[1].

According to Stryker, "transgender" is a term that "encompasses the whole spectrum" of gender variety, combining rather than separating the different subgroups within a wide, diversified collection of communities.

Despite the fact that transgender persons are becoming more visible in everyday life, they continue to face discrimination, contempt, and oppression. One of the most difficult obstacles for transgender persons is figuring out how to live a regular life in a culture that adheres to strong gender conventions and beliefs. In National Legal Services Authority v. Union of India and Ors.[1], the Supreme Court had not only recognized transgender as a 'third gender' but also directed the Centre and the State Governments to take necessary steps for various Socials

To eliminate the societal stigma associated with transgender people, welfare schemes and public awareness efforts are being implemented. They have not only been isolated from society, but they have also been denied their rights and privileges. Our culture is evolving in many ways, but when it comes to transgender persons, society remains hesitant to embrace them as full members of society.

This judgment of Delhi High Court could not sustain and this was overruled by the Supreme Court in Suresh Kumar Koushal v. Naaz Foundation[2] The Supreme Court ruled that Section 377 of the IPC does not violate Articles 14, 15, and 21. The Supreme Court ruled that Section 377 does not criminalise anyone based on their sexual orientation. It simply specifies specific behaviours that, if done, would constitute a crime.

A same restriction governs sexual behaviour regardless of gender identification or orientation. This decision is contrary to the spirit of the Constitution. Despite the fact that our constitution's preamble guarantees justice and equality for all, and that there are specific sections in the form of basic rights dedicated to equality and non-discrimination, people are discriminated against and harassed because of their sexual orientation.

In Navtej Singh Johar v. Union of India[3] The Supreme Court released its decision on September 6, 2018. The Court unanimously decided that Section 377 is unconstitutional because it violated fundamental rights to autonomy, intimacy, and identity, thereby legalising homosexuality in India. The Court explicitly overturned its Suresh Kumar Koushal v. Naaz Foundation, judgement the Court has held that:

• Section 377 of the Penal Code is unlawful inasmuch as it criminalises consensual sexual behaviour between adults of the same sex.
• Members of the LGBT community have the same constitutional rights as all other citizens, including the liberties guaranteed by the Constitution;

The right to choose who to partner with, the ability to find fulfilment in sexual intimacies, and the right not to be subjected Court ruled that Section 377 does not criminalise anyone based on their sexual orientation. It simply specifies specific behaviours that, if done, would constitute a crime. A same restriction governs sexual behaviour regardless of gender identification or orientation.

This decision is contrary to the spirit of the Constitution. Despite the fact that our constitution's preamble guarantees justice and equality for all, and that there are specific sections in the form of basic rights dedicated to equality and non-discrimination, people are discriminated against and harassed because of their sexual orientation.

In Navtej Singh Johar v. Union of India[1] The Supreme Court released its decision on September 6, 2018. The Court unanimously decided that Section 377 is unconstitutional because it violated fundamental rights to autonomy, intimacy, and identity, thereby legalising homosexuality in India. The Court explicitly overturned its Suresh Kumar Koushal v. Naaz Foundation, judgement the Court has held that:

• Section 377 of the Penal Code is unlawful inasmuch as it criminalises consensual sexual behaviour between adults of the same sex.
• Members of the LGBT community have the same constitutional rights as all other citizens, including the liberties guaranteed by the Constitution;
• The right to choose who to partner with, the ability to find fulfilment in sexual intimacies, and the right not to be subjected to discriminatory behaviour are inherent in the constitutional protection of sexual orientation.
• Members of the LGBT community are entitled to equal citizenship, without discrimination, and equal protection under the law.
   

Legal Recognition Of Transgender Identity

By recognising the third gender category, the Court acknowledges that the third gender has the same fundamental rights as males and females. Furthermore, non-recognition of the third gender under both criminal and civil regulations such as marriage, adoption, divorce, and so on is unfair against the third gender. Concerning the actual technique of recognition, the Court simply explains that they prefer to follow the person's psychology and apply the "Psychological Test" rather than the "Biological Test." They further state that requiring Sex Reassignment Surgery (SRS) as a prerequisite for altering one's gender is prohibited.

The government has yet to decide exactly what processes will be followed in order to recognise gender identity. However, a relevant indication may be found in the Ministry of Social Justice and Empowerment's (MSJE) Expert Committee Report on Transgender Issues. The Supreme Court states that its legal declarations will be implemented in accordance with the recommendations of this report, and the report itself states that individuals shall have the right to choose any of the options - male, female, or third gender - independent of surgery or hormone treatment, as well as a distinct procedure for such recognition. The court gives the administration six months to put its conclusions into action.

Need Of Empowerment For Transgender

It is extremely imprudent that, after 70 years of freedom, our country's rights to transgender people are still ignored, and discrimination against them persists. Transgender people are the most marginalised, vulnerable, and distinct social group. They are verbally, physically, emotionally, and sexually abused, which has a negative influence on their self-esteem, self-confidence, and mental health. Excessive work, poverty, low education, terrible health conditions, a lack of economic means, and deep-seated societal prejudice make their life a living nightmare. They endure prejudice in jails, schools, and hospitals, and hence must be empowered in all aspects of life. They are easy prey for extortion and forced sex since they are not protected by the police.

Human development is important for the development of a nation, regardless of gender, and education is the primary impetus for a nation's growth and evolution. The current study is predicated on the notion that education may empower transgender people. Every child has the right to an education under our constitution. Transgender literacy is quite poor in the country. Education has the power to change anyone's life, but it is especially powerful for the country's poor transgender people.

When all segments of society are made aware of transgender people, violence towards the third community will be considerably minimised. A person can get information, skills, employment, and active participation in society through education. Transgender students who are included in formal education become empowered citizens of India. Empowerment is a vital process for improving one's dignity, quality of life, and ability to exercise one's rights effectively

Education is the most important thing they can do to enable full involvement in all aspects of life. Because to the society's seclusion and backtracking, they opt to quit their studies. Dropping out of school on a regular basis sends their career into a tailspin. Various educational regulations in our nation only include boys and girls, not the third gender, and so are ineffective for transgender children.

The circumstance has altered as a result of the Supreme Court's decision. Transgender people now have the status of third gender and are welcome in educational institutions. This may put them on an equal footing with other citizens. There are no training sessions at police academies on how to respect transgender people.

Conclusion
Transgender persons should be treated with the same decency and respect as everyone else, and they should be able to live and be recognised in accordance with their gender identification. However, transgender persons are frequently subjected to severe prejudice and harassment at work, school, and in their families and communities.

While collecting census data for years, the Indian Census has never recognised third gender, i.e. transgender. However, in 2011, statistics on transgender people were collected, including information on their job, literacy, and caste. According to the 2011 census, the overall number of transgender people in India is roughly 4.88 lakh.

Transgender data has been categorised as "Males" in the original data given by the Census Bureau. Transgender data has been separated from that for educational purposes. Transgender persons are people who were born with male or female anatomy but feel differently because of it. Transgender is not a phrase that just refers to people with intermixed genitals; rather, it refers to those whose gender expression, identity, or behaviour differs from the standards expected of their natal sex.

End-Notes:

• The Transgender Persons (Protection of Rights) Act, (Act No. 40 of 2019) 2019.
• AIR 2014 SC 1863
• (2014) 1 SCC 1
• (2018) 10 SSC 1
• (2018) 10 SSC 1
• 
  

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