Every person deserves to be respected in the country despite being of any
religion, caste, and gender. This study will take your attention toward the
rights of the Transgender people and how they are and were treated in the world.
Transgender people also have their right in the constitution as normal human
rights. Rights of the Transgender people are protected by the norms of the
international and national apparatus.
Past of these people have been really
struggling to survive and to make a place for them in the society. As far as
Indian society is concerned they follow their culture and traditions with so
ease that they did not consider transgender in any religion. Although, things
have happened which says that transgender people did not get any allowance in
the stake was because of the policies made and the loose stand taken by the
government for them.
These people have experienced extreme challenges and
hurdles proved to them by the socio-economic culture of the society. They have
socially left out and were forbidden to engage socially in the society. Lot of
crimes and offences has been taken place against these peoples and it has
happened that those criminals were also left unpunished by the law.
constitution aims at equality before law but they were not treated even near the
statement. Abuse, assault, violence, sexual harassment are few of those crimes
which have been committed against them and been left untreated. Extortion,
criticism, mental dissatisfaction was few random effects which were in the life
of the Transgender till the time Transgender Bill was passed in 2019. Gay,
lesbians and other bisexual people were given place in the Indian society but
Transgender were accepted last by the society. The present study deals with the
challenges and hurdles faced by the transgender in country like India. Living in
21st century rights are ensured and preserved for every individual, considering
transgender in the same.
Everyone takes birth with a different personality at various levels. A girl, A
boy are two commonly known genders which is really easy to find and then comes
the category of the bisexual people which is not easy but is becoming really
often to find in today's generation. Gay, lesbian, homosexual are three
significant names that are given to the people who choose to live life of their
own style with no judgments.
Whenever or where ever we travel in this world we
will always come across people who are breaking the gender frontier in the
entire nation. Turning into a new gender and liking someone of the same gender
are two different things which people really tend to mix. I am talking about the
small ways to teach Gender equality like being a Gay or Lesbian but I mean not
the sexual orientation we are talking about here but crossing the border to turn
into somebody else and leave the original personality for all. People who love
to take risk and do not care about the culture, tradition of a country and have
guts to challenge the government by following such kind of unusual means to
History speaks for everybody whether is about changes in castes,
culture, religion gender or transgender there is always one or the other being
representative of the same. Transgender or turning into transgender was
originated in 1970s from the German sexologist named Magnus Hirschfield,
which was later developed into, the Berlin institutions where the first Sex
change operation took place.
The first use androgyne was recorder in 1552, but
in the last 10 years people have started claiming to make use of it pretty often
which describes the state of being in between or having both gender qualities.
is again a different state which was introduces in California and
states the characteristics of a person who posses quality of Multi-Gender. Then
this whole new culture was started in the many countries including India which
bought evolution and modernization as two processes of the change. Although
gender equality is the big question for every constitution to accept but with
the change in time and evolution along with it now people have accepted the fact
of turning into transgender. 
Lot of harassment and abuses are faced by them
in many fields because of the mindset of the people in society. Inequality faced
by them is because of the illiteracy that is very common among the people of
India who do not understand the concept and need of the transgender. Some people
also think that maybe transgender is Gay but it is not the sexual affection but
the Gender identification of a person and they cannot be identified by the way
of appearance or behavior. Lot of discrimination is bought for them in the field
of employment sector they are treated as the mode of people who aren't strong
enough to work with men in the society.
Their classmates hares them in the
school and do not treat them as the member of the community. In college we have
low rate of discrimination but it prevails as they have to publicly identify
their personality. All this happens when they actually have to decide which
bathroom to use and in which dressing room to change. Policing also plays a
major role in arresting transgender whenever chaos is committed in the society
or any part in relation to the gender discrimination.
They also face problem
arising with the health care department o the country as many doctors deny
treating transgender people because of their biological defect. Nearly 42%
transgender have reported the crime and harassment done by the doctors at the
time of the treatment. Both violence and non-violence and verbal and non-verbal
offences have been taken place and all this occur because of inequality raised
by the senior section in every economy. Suicidal cases are very often to find in
all the transgender community.
As they tend to face lot of burden and inequality
by the society so they find suicide a easy way to get out of the situation.
Judicial system has been fallen in accumulating trust in the third gender
community. Suicide rates have increased from 3% to 49% in many areas of the
world depending o the color and white black matter too that is still in motion.
The biggest discrimination for them and maximum amount of violence has been
raised by police towards them in all and is the biggest example of violence
reader. More threat and violence happened with them with the rapid speed of
1.5 more than any other people in the society. More of violent crimes and hate
motivated violence made them suffer a lot.
With all the discrimination faced by
the society and people transgender choose to be who they want to be and take all
the struggles and hurdles given to them by the world. Being what you want to be
without thinking about the history is no crime or damage to the country, people
need to understand the difference.
Challenges faced by Transgender
As a transgender it is pretty obvious to face great amount of medical issues
in the body. The first problem faced as a transgender is Gender Dysphoria. This
is a type of disorder that can occur at any time and at any place of education,
work etc in a transgender. It creates a lot of headache which occurs because of
the problems these people have been facing socially and economically in the
This happens because of change of hormones in the body from man to
woman or vice versa. Many surgeons have tried to invent recovery for the problem
but the body structure and change in the hormones or from chest to breast or
penal to vaginal transformation it has become a tough job in the history of
medical science. Another main problem that occurs being a transgender is 'MSM' men having sex with men.
This tends to create health issues like STI and
HIV viruses which altogether have high percentage of occurring in Transgender as
a whole. This happens because of the lack of medical awareness and literacy
problem. HIV prevention education is must to be given to all transgender
community. No difference was found in transgender men or women in the use of
condom, drug usage or alcohol consumption though the risk of HIV occurred high
with 17% in transgender people.
With theory of less indulgent with different
parties at one time inspite of that too transgender were at high risk of HIV.
This risk was specifically low in 'MSM' but was considerably high in 'WSW' i.e.
in women having sex with women because of their loose parts.
In many cases it has been seen that these people are forced to go in
profession of prostitution. This was insisted in their community by their own
friends and own relatives. Few parents too were found indulging them in the
profession of prostitution, knowing the fact that it is not really respected in
every country of the world.
In case of National Legal Security Authority vs.
Union of India and Others
on 15th April 2004 it has been seen that many
transgender were forced to work as sex workers to earn their living and live as
there was no other right for them by the Indian Constitution. No other
profession use to accept them to work as there was no significant area of work
which they can really do.
Activities like rejection in entering public and religious places by
transgender was one activity which is supposed to be inhuman in nature and was
actually performed by normal humans of the society. Parents of transgender force
them to leave the house at the earliest because of what society will say to them
when they will keep a transgender boy or a girl with them. It was a complete
myth and threat which they face by the society.
People use to give them unwanted
attention by insulting them, abusing them in public places, punishing them for
no reason and cursing them out of the society. Although these people were
transgender yet they face lot of rape instigations, verbal and physical violence
by the men of the society. is this not really inhuman on their part that they
call someone a non-human transaction and beat them just for the same reason.
They were treated more badly than backward classes and were given no place
socially and economically both. They were not even provided the protection for
the violence that was happening every day by everyone.
Another major challenge aced by these people was poverty. This problem occurred
because educationally these people were not trained as they were restricted from
all main education institutions to enter and to enroll and even from the public
sector before the reservation came in possession. Employment opportunities were
nearest to zero for them as they were not included in any community by the
They had to choose all wrong procedures and way to earn for their live
hood and living. They were so poor that it was very difficult for them to manage
food for two times in a day. Either they had to choose profession like
prostitution or else have to beg, or dance in small functions and make of
themselves and earn.
To eradicate the problem of poverty reservation nearest to
4% and 2% came around for these people. In 2014 access to the education
institutions was opened for them as a third gender community. Poverty is not
just a matter faced by them but it is a problem of whole country faced in some
way or other.
Fight for Gender Recognition
For Gender recognition of a person one must respect personal liberty and
choice. Article 21 of the Indian Constitution states the same significance as
every is the country is free to choose whatever gender they like and of their
choice to live and none can violate it. Transgender have to fight for their
recognition inspite of all these stated facts in the country.
They were not
treated in the third gender community and were treated as Hijras by the people.
Identification certificate was not even enough to prove their citizenship of the
country. People use to treat them like they were not even part of the Human
culture but were just present to celebrate in parties and weddings like Hijras
Later they were provided with a medical and state certificate by the DM
which proves their recognition as a normal person. It was really hard for a
society like India to accept people in the third gender but they were given all
the rights by the Indian government. The exact theory of gender identification
was passes in 2014 as to what is transgender community.
Misconception of Transgender as LGBT community
 A common misconception that arises in people living in the society is that
they mix transgender community with the LGBT community. This community comprises
of Gay, Lesbians and the Homosexuals but not the third gender community. Now it
has become pretty evident to identify these people by their medical certificate
and by the certificate issued by the DM of the city of their identity. These
people have sexual preference and persuasion of their choice. It is also a
delusion that occurs in the people that a man who dresses or looks like woman or
a woman who dresses like men are of transgender community.
They do so because
they are happy to dress like one and it does not make them belong to the
transgender community. Gender Dysphoria is another problem that occurs because
of all the misconception that is created amongst the people in India. It creates
a lot of stress and confusion between the people because of the dimensions that
are invented. In 1980s when there was no proper community for transgender in
India they use to enter the communities of Gay and Lesbians according to the
gender they are changed into.
When LGBT community was referred with individual
identity it somehow showcase that the 'T' in the community was missing with the
standards and rights in the society. They require their own community to stand
out in the world and establish themselves legally. After all the hurdles faced
they separated them from the Gay community inspite of being of the same sex and
established their own individual community as transgender. As their identity was
separated from the LGBT community the rights and laws were too separated by the
government. Transgender community was formed as a different and unique section
of people who established their own 'T' in the community in the later 90s.
Evolution in Rights of Transgender in India
Lot of protest and strikes took place in the later after 2010 asking for their
rights in the country. Transgender federal community has criticized many rights
and bill introduced by the government in 2016. Law makers also did not find it
important to raise the law for the transgender and took them for granted. It
degrades the law system rather than raising it or uplifting it I the society.
law is made on the basis of the gender identity and it is the biggest flaw of
the legal system of India. 
A policy was introduced later which decided that
a certificate will be issued in favour of transgender as their identity
certificate by the District Magistrate. Then they can apply for the “Change of
Gender” certificate on the basis of the medical certificate provided by the
hospital of the surgery and can make the corrections needed. This is how they
were given place to stay in the society. Further it was decided by the courts
that these people should be given identity by the government so that they are
treated well in the society.
In 2014 Supreme Court decided to give transgender place as a third gender
community and allow them to enjoy all fundamental rights and court declare that
it is illegal and unethical to divide a person by any situation that occurs
everyone is free to involve and indulge in whichever manner they like. In 2015
Delhi High Court state that it is legal that everyone is considered by Law in
whatever gender they want in to be.
After seeing the harassment against 19 year
old in the fmily the court declared the same. Every human needs to be respected
in the same manner by the government and the law as lot of discrimination is
already created by the people. Every transgender person was given access to the
fundamental rights like freedom of speech, righ to expression, right to live
Transgender persons (Protection of Rights) Act, 2019
After a great struggle of transgender people an act was introduced by the
parliament in 2019 which protects the rights of all the Transgender people and
aims at their social welfare and exchange in the society. This act was
introduced by Lok Sabha in 2019 by the Ministry of Social Justice and
Empowerment. This act recovers the flaws of 2016 and 2018 bill and eliminated
the protest against all the theorists and criticism which rise against the
transgender in India.
These people faced the harassment of the society in such a
way that they have to beg and serve the people in wrong way to beg and serve the
people in the wrong way to earn for their living. They were considered as
in the society who was meant to entertain to the fullest and demand
This overruled the concept of 2018 Bill and amended new version of it in 2019
Act which will diminish all the inequalities prevailing already. This act
provides equality to all the transgender people in the places where they have
been already harassed to the extreme. They are treated equal in employment
sector, education, housing, healthcare and other services etc. This Bill states
that these people are treated as equal as 'Transgender'
and accepted only after
they have the proof of 'Gender change Certificate' issued by the DM.
These points have been decided on the basis of following theories and criticism-
- They have right to Self Discern gender identity
- The Bill provides right to minor transgender till the age of 18 to
reside with its original family by law.
- This Bill prohibits Begging and considers it as a criminal activity.
- Hijras and Transwoman have received the focus of the Bill to grant all
necessary changes needed.
- The child who is born as a transgender can only be separated from
his family by the order of the court and only family is strictly entitled t
take care of the child.
- Indian Penal Code has decided punishment for begging which is given
more than six months with fine because it is strictly prohibited as lot of
reservations have been made for transgender people to work in the public
- 2% reservation is provided for transgender in education system and
4% in public sector employment by government in 2014 Bill.
- 2017 Act also provides six months imprisonment which s extended to
two years with fine if anyone is found committing crime against a
- They have the right for citizenship because the certificate of gender
was made compulsory issued by the DM and by the government.
- Because all the harassment uses to start by family that is why family
rights were enforced for transgender.
- They had to do begging because there was reservation for SC community
but no reservation for them in the places of employment and education.
- Because there was diplomatic appearance of people related to transgender
and sexual activities and orientation.
Rights and protection act of 2019 of transgender focused on all these matters to
bring a sense of equality and livelihood among the people of India which was
missing in different parts of the country and was needed by the people to
eliminate the harassment and crimes against them which was wholly misconceived.
Rights of Transgender in America
American constitution also focuses on the criteria of equality with no
discrimination on the basis of caste, color, sex, religion, nationality etc.
Because of all this also (equality of Constitution) transgender people faced lot
of struggle and inequality in places of education and employment etc even in
country like America. They also did not have any law to transgender but some
people raise their voice against the 14th amendment equal protection clause
which was not merely followed.
Then America introduced the Title VII of the Civil Rights Act 1964 in the case
of R.G. $ G.R. Harris Funeral Homes Inc vs. equal appointment opportunity
commission, which provides the protection to transgender in the places of
This act totally deducts the discrimination on the basis of caste,
color, sex, religion and how the gender too needed to focus. According to this
act people were treated equally in housing, medical clinic, restrooms etc.
transgender was supposed to have the certificate of their gender change for the
record of the state. A campaign commissioned by the Human Rights, by the
Greenberg survey states that more than 35% people stay around or meet
regularly transgender people knowingly or unknowingly.
Research also states that
there are more than 700000 people as transgender in US 0.3 of the total
population and 3.5% of the LGBT community and there is still study going on to
know the exact population of the transgender people.
There has been lot of
problems faced by these people like violence, no protection legally, poverty,
hunger, anti-transgender movements etc. which made it hard to survive and it
generated a need to legally provide them with protection and state in the state.
Then in 2017, Trumph introduced the protection rights for these people as Title
VII of Civil Rights Act, 1964 which included their rights to reduce all the
disparities prevailing and eliminating the loop left by Obama in America.
Case- R.G. $ G.R. Harris Funeral Homes Inc vs. Equal Employment Opportunity
This case is the Landmark case for the transgender in America. In this case Ainee employee of Funeral Homes
decided to undergo gender change process after
2013 from men to women and will come after it. She was fired receiving the
letter from the office.
The equal opportunity commission helped her to represent
the case in Court. Many court denied her petition stating it was non-religious
etc. then she pleaded in SC and died because of the health complications in her
body but the case was continued by the representatives.
Then the case was
settled on 18th October 2019 stating the fact that Title VII was extended till
transgender rights and now it will provide equal protection to them too. She
died with inequality but her death provided equality for these people in whole
US. This case is also connected with Bostruck US Clayton Country Georgia, 590
- National Legal Service Authority vs. Union of India and Others
15th April 2014
This case was the legal light for all the transgender people of India. This case
gave the judgment regarding the gender identity to transgender people that they
will be treated as third gender party in the economy. They will legally have a
right in all fundamental rights granted by the constitution of India. This case
was a step towards gender equality in the areas of the inequality. As a third
gender party they were also granted reservation in the jobs and all educational
After this case they were given equal importance in all medical
health areas and hospitals were they were not treated properly earlier.
Government also declared that these people will be no longer be treated
economically and socially backward and will be granted all rights. State
government was asked to generate schemes regarding their importance in the
society and so that people will not consider them as untouchables and backward
class. All this was done in the guidance of the Ministry of Social justice and
Empowerment expert Committee.
- S Swapna vs. State of Tamil Nadu 20th August 2014
This case talks about the inequality they face after getting the gender change
certificate also. In this case the petitioner was a transgender who was man
earlier and have changed to woman. She applied for SSLC and HSC certificate
which was denied by the director of the school examination with new name and
Gender enrolled in it. This case then went into Madras High Court for further
judgment. The court said that this application would be considered again and the
certificate would be provided to her within four weeks of the judgment. This
case shows the significance of the Transgender person to register their identity
in various institutions too.
- Ganga Kumari vs. State of Rajasthan 13th November 2017
In this case Ganga Kumari was selected for the post of women constable which was
going on at that time. She gave all the qualification test, medical test and
physical test which was stated for selection. Then she was asked to give a
random medical check which will decide the selection finally. In test it was
examined that she belongs to the third gender community person and is a
She was rejected by the electors on the basis of the medical test
and can no longer be placed for the job. She argued in the court that she was
rejected on the basis of the gender discrimination which is morally wrong.
case violated Article 14 of Indian constitution and Article 16 and Article 21
too. The court held that she cannot be rejected on the recruitment test on the
basis of the gender identity and no one is entitled to snatch anyone fundamental
rights from them. The court held that according to 1941 everyone has a right to
express and attain gender of their choice.
It even referred to the case NALSA vs. Union of India which urged of rights o
protection of transgender in constitution of India. Further court also held that
Article 21 will include that till the jobs asks for gender specification it
should be limited till title Gender
. The court also held that Ganga Kumari has a right to attain
Identity' for gender and should be recruited again for the job. The court held
with significance that people should understand the difference between 'Sex' and
'Gender identity' and gave the exact definition of transgender in the case in
addition to the judgment to the NALSA case.
Need to Refine Transgender Rights in India
There is urgent need to refine the Rights of the Transgender as it is important
to see whether the rights of the third gender community are followed and have
either helped them to live freely or not.
Here are few suggested points for the refinement-
- Policies have been made both the government and the law but it is
mandatory to see whether these policies are amended or followed.
- More reliable source should come in action to see the approach.
- Law and crime enforcement system of the country should be improved and
refined so that people can strictly follow it.
- Violence against transgender needs to stop and it can only be done if
strict actions against those criminals are taken by the Law.
- Strict actions need to be taken against the family and the parents who
neglect their child just because of being a transgender.
- Free legal assistance should be provided to the transgender people to
improve their social life.
- Education sector like schools and colleges needs to be supportive
against these people to provide them same value and respect in the society.
- They should be provisions related to the improvement of their like
socially and economically in India.
- There should be free aid provided to these people for the help needed in
deciding their career opportunities.
- More policies should come up related to health care issues and
eradicating the same from them.
- Awareness all over the globe is a major problem which needs to be
eliminated from the society by providing the more facilities and
orientations of the public awareness related to transgender in India.
- Se-education is another one drawback because of which people are not
able to understand the difference in sexual orientation and gender change.
More education should be initiated to eradicate the problem from the
The bill passed by the upper house of the parliament and signed by the
president was stated unconstitutional by the transgender community. They say
that the specific provisions that were passes by the law were unconstitutional
for them including the provisions that were signed by the Supreme Court that
provided gender identity to every individual. A literature review was passed
by the practioners to examine the experiences of the Gay, Lesbians and
transgender in the places of work etc.
To seek the identity in the society few
transgender have to give up their feelings while other people struggle for their
feelings and shame and confusion created by the society. Some transgender are
not even satisfied with the sex orientation then they seek for the sex affirming
treatments. Hijras is the common name given to the transgender in the society.
common dance named 'Badhais' is prevailing in the society because of the
socio-economic norms of the society and the old culture and tradition make them
do it to earn for their living. A maximum proportion of them is also into
begging and sex work so that they could earn money. People use to abuse them
with a common slang called 'Chakka'. In 2005-06, 3087 transgender were found
engaging into activities which spread awareness amongst the people regarding a
Few talks with transgender people have made it easy to understand that what they
really want. Shreya, a transgender woman talked about her love and passion of
wearing saree. She is obsessed with the Amrapali dresses and loved doing
classical dance which expressed her liking from the childhood.
that what is with the culture if we like wearing saree? Because of this
disparity at culture of the society she had to leave her house at 12 and had to
go and live with the Hijras community where they all were treated as one. She
had no problem to live with them because this was the area of her likings. Now
she had worked with many LGBTQ community one named Humsafar but she miss the
happening of the place when she use to live with Hijras.
On 15th April 2014 judgment regarding the NALSA (national legal service
authority) vs. Union of India
was given declaring Transgender as third gender
community of India. The bill which was passed in 2019 was successful in
eradicating few controversies and norms from the society but failed at
identifying sex assignment surgery. To specify them as a man or woman they had
to undergo such surgery otherwise they will be treated as a transgender.
is another problem with the community that they also have backward classes like Dalits among them. Shamiba a transgender woman of Maharashtra had been working
for the background classes of the transgender.
She also claimed that girls in
the society are totally considered as sex objects by men. If a transgender woman
gets raped no punishment is decided for the criminal who rapes that girl by the
She further questions that why the law is based on the gender and differ
from person to person based on their identity and reassignment of surgery. Are
transgender not considered as Humans? These questions arise because of the flaws
of the bill passed in 2019 for the transgender. India is a long road consisted
of varieties of people with different aspects which need to be reformed legally
by the government say the Law.
India being a democratic country consists of long road which combines variety of
people in it with various problems. Religion, caste is ongoing matter in which
India is already struggling and it cannot manage to afford Gender as another
problem. Although this problem is already in motion and acquired a long way in
Earlier Gay and Lesbians struggled with the same problem because of
their sexual orientation and know the transgender are struggling for their
rights being a normal human. Everyone is individual and is born with the rights
decide by the country by their birth.
A gender transformation is not entitled to
take away those rights as human. Our constitution also states that everyone is
free to live in whatever manner they like so no law can take that right away.
The evolution of transgender from exclusion to inclusion in the society is
pretty commendable and challenging. These people have managed to establish their
place in the society but this has always been questionable.
The problems faced
by them are unique and so that settlement wouldn't be easy in for the society to
accept them. Article 14 of the constitution states that equality for all which
is seen diminished in the case of transgender. Inspite not being untouchables
they have been treated untouchables by the society. India consists of more than
1 Million transgender as its population and it is not fair to neglect 1 million
at the same time.
These people already face the problem of the changes that
occur in their body like puberty because of the change of organs. They took a
real risk to live the life of their choice and do not regret it later. There is
no wrong in this way of living their life in the way they like. We as normal
people need to broaden our minds and accept them the way they are. Government
should focus on arranging orientations regarding transgender so that people gets
aware of the third gender community in the world.
These people have come long
way of harassment, family rejections and society discrimination they deserve to
get a proper place like normal people in the society. a nationwide campaign
should be arranged among the people to create a scope of awareness for these
people and acceptance. People should open their hearts and mind to accept these
beautiful creations as humans in the world.
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- Indian Penal Code, 1860
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13th March 2017
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19th April 2015
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Retrieved 19th April 2015
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- Indian penal code, 1860 The Hindustan Times 2019
- R. G & G.R Harris Funeral Homes Inc vs. EEOC 590 US.- 2020 Supreme Court
- National service authority vs. UOI on 15th April, 2014 5 SCC 438
- S Swapna vs. State of Tamil Nadu w.p. 10882/2014
- Ganga Kumari vs. state of Rajasthan MANU/RH/1466/2017 13th November 2017
- International journal of human resource and social sciences Vol. 4,
issue 4, April 2017
Authentication No: JL30564089681-23-720