Introduction: Understanding the meaning of Transgender
Transgender persons are people whose identities are different from the
stereotypical gender norms, which identify genders only as male or female.
Society has failed to accept their gender identity due to which they have
suffered from discrimination, social oppression and physical violence. There are
certain socio-cultural groups of transgender people who are identified as Hijras,
jogappas, Sakhi, Aradhis etc. and there are people who do not belong to any of
the groups but are referred to as transgender person individually.
deals with the Transgender rights in India as the transgender have the right to
be recognized as a third gender and are entitled to legal protection under the
law. The rights are equally guaranteed under the Indian constitution to the
transgender person as the constitution guarantees justice and equality to each
and every Indian Citizen.
The Government has enacted the Transgender Person
(Protection of Right) Act, 2019 to provide prohibition against discrimination in
the matters of employment, education and health Services to the transgender
person and Welfare measures have been adopted to protect the rights of the
Transgender person is considered as people whose gender identity is different
from the gender they were thought to be at birth. Transgender person means "a
person whose gender does not matches with the gender that was assigned to them
at their birth but they are the persons with intersex variation and gender queer".
They are the people who are born with male or female anatomies but they feel
different from their body structure as their gender expression, identity or behaviour differs from their birth sex. Transgender people try to express their
gender identity in many ways as some use their behaviour, dress or mannerism to
live like the gender they feel is right for them as they reject the traditional
understanding of gender that is just divided between male and female so they
identify themselves as transgender or genderqueer.
Misconception about the term Transgender
Transgender is not a term limited to persons whose genitals are intermixed
but it is a blanket term of people whose gender expression, identity or behavior
differs from the norms expected from their birth sex. Various transgender
identities fall under this category including transgender male, transgender
female, male-to-female (MTF) and female to male(FTM). It also
includes cross-dressers (those who wear clothes of the other), gender queer
people (they feel they belonged to either both genders or neither gender)
In India, there are a wide range of transgender related identities which
includes the Hijras, Aravanis, Kothis, Jogtas/ Jogappas, Shiv Sakthis. In the
past, they were treated with great respect.
is a Persian word translated as eunuch which is used in common parlance
for transgender community in India.
is a term used for male-to-female transgender who undergo genital
modification through SRS (Sex Reassignment Surgery) or perform Nirwaan which is
a traditional mode of castration.
Kothi is used for those who adopt a feminine role in same sex relationships, but
do not live in communes as Aravanis.
Jogtas/ Jogappas found in Maharashtra and Karnataka are male to female
transgender who devote themselves to the service of a particular god.
Shiv Shakthis found in Andhra Pradesh are males who are considered married to
gods particularly Lord Shiva. They usually work as spiritual healers or
Historical Background and Origin of Transgender:
From its harmful use in medical texts in the '60s to the adoption of the term to
denote both a concept AND an identity, the term "transgender" has come a long
But how much do we really know about the word transgender,and where did it
There are two major origin points of the etymology of "transgender" (that's a
fancy way of saying the history of a word and how its meanings change over
In 1965, Dr. John F. Oliven published a medical text that included one of the
first known uses of the word
Where the compulsive urge reaches beyond female
vestments, and becomes an urge for gender (sex) change, transvestism becomes 'transsexualism.'
The term is misleading; actually, 'transgenderism' is what is meant, because
sexuality is not a major factor in primary transvestism.
The medical text which was published by Dr. John F. Oliven was know as:
Hygiene and Pathology, which was published in the year 1965.
At this point, Dr. Oliven used the word "transgender" as a synonym for "transsexual
" in reference to people who transition through surgery.
The other major origin points for the word "transgender
" is with activist and
trans pioneer Virginia Prince, who popularized the term through her advocacy and
writing in the 1970s.
In 1969, Prince first used the term "transgenderal
" to distinguish
herself from transsexuals, or those who used surgery to transition. Her use of
the term "transgenderal" clearly differentiated between the ways people choose
I, at least, know the difference between sex and gender," she wrote, "and have
simply elected to change the latter and not the former. If a word is necessary,
I should be termed a transgenderal.
The same year that Virginia Prince first used the term "transgenderal
was also the year that the Stonewall Riots kicked off the modern gay rights
movement. This moment marked a sea change in terms of wider visibility for the LGBTQ+ community.
A few years later, in 1974, social workers, medical professionals, and activists
put on the first ever Transvestite and Transsexual Conference, at the University
of Leeds. This literature, some of the earliest conference literature available
on trans health, made clear distinctions between transvestites (people who
dressed as the opposite gender), transsexuals (people who transitioned genders
through surgery), and transgender people who did transition but did not elect to
In 1975, another major milestone: the first-time protections for transgender
people were codified into civil rights law. The city of Minneapolis was the
first to do so by passing a non-discrimination ordinance preventing
discrimination on the basis of "having or projecting a self-image not associated
with one's biological maleness or one's biological femaleness."
Throughout the 1980s, artists like Bruce Laker, who also went by Phaedra Kelly,
had coined other terms like "gender transient" to refer to being transgender,
which was still distinct from "transsexual."
By the 1990s, the distinction between "transgender" and "transsexual" began to
fade. According to Oxford English Dictionary lexicographer Jonathan Dent, this
was around when the wider LGBTQ+ community began to embrace "trans*" as an
umbrella term that would "cover a wide range of identities" that might not fit
with "traditional notions" of gender, similar to "queer" for sexuality. Despite
this, the term "trans*" didn't make it into the OED until earlier this year.
Now seems like a good time to explain that "trans" is simply a prefix, from the
Latin for "across," as opposed to "cis," which means "on the same side." For
example, the word "transparent" comes from the Latin "parere" for "to appear"
which altogether translates to, "appear from the other side" — AKA, transparent.
So, what does this mean when it comes to gender? It's pretty simple: you either
fall under the transgender umbrella or you are cis. While transgender can mean
many things, hence the "umbrella", cis means one thing — namely that your gender
aligns with the binary sex that you were assigned at birth, either male or
Some other terms that may fall under the transgender umbrella are: transsexual,
gender nonconforming, gender non-binary, agender, drag queen, androgynous,
intersex, genderqueer and genderfluid among many others.
Get it? Got it? Good.
Now, because the trans umbrella grouping is so new, there is still some debate
as to who is or isn't trans. Some people believe that drag queens belong under
the umbrella, because they are gender nonconforming. Others like RuPaul have
famously disagreed, claiming drag as an art for cis queer men only.
"You can identify as a woman and say you're transitioning, but it changes once
you start changing your body," he said. "It takes on a different thing; it
changes the whole concept of what we're doing."
Rightfully came under fire for that comment, which many saw as transphobic.
Non binary people, too, may or may not identify as trans. A trans non-binary
person is typically someone who doesn't identify with the sex that was assigned
to them at birth (trans) and also has a gender identity that can't be
categorized as exclusively male or female (non-binary). Some non-binary folks who
are not trans identify partially with their assigned sex at birth, even while
not identifying as strictly male or female. It seems confusing, but it's
actually pretty straightforward!
Ultimately, transgender is word that denotes both a concept and a series of
specific identities. In its most broad usage today, transgender means to cross
the boundary of your original or assigned gender. But not all people who may
transgress this boundary identify as transgender. Regardless, trans and
non-binary people of all identities are powerful and beautiful
Transgender: Recognition as third gender
Transgender people are individuals who differ from the stereotypes and existence
of only two genders that is man and women; they have different appearance,
personal characteristics and behaviour. Being different from the other gender,
transgender people have been subject to social oppression as society does accept
their gender identity and they suffer from the physical violence which is
inflicted upon them.
The main problems from which they suffer are lack of
education, unemployment, homelessness, lack of health care facilities,
depression, alcohol abuse and discrimination throughout their life. To protect
their rights and to solve their problems, The Constitution of Indian has
provided them with their own rights and The Supreme Court has given them the
right to be recognized as "Third Gender" and provided them with some welfare
Transgender are the person who have suffered discrimination for ages as earlier
their gender identity was not recognized either in eyes of law or by the society
and they were forced to write male or female against their gender. The Supreme
Court of India recognized transgender as the third gender to eradicate the
discrimination suffered by them and to safeguard their rights.
The court asked
the center to treat the transgender as socially and economically backward
classes and to allow them to get admission in the educational institution and
employment on the basis of their third gender category. In the landmark Judgment
of National Legal Service Authority v Union of India
 the third gender gained
legal recognition in the eyes of law as the Hon'ble Supreme Court ruled that the
fundamental rights should be available to the third gender in the same way as
they were provided to the male and females.
The court provides the transgender
with equal rights and protection under the Article 14, 15, 16 and 21. The court
stressed out on the importance of right to dignity and gave due recognition to
their gender identity which was based upon reassigned sex after undergoing Sex
Reassignment Surgery as the person has a constitutional right to get recognized
as a male or female. Thus, the transgender where entitled to legal protection of
law in all the spheres of state activity including the education and employment.
The rule of law is supreme and everyone is equal in the eyes of law in India.
Yet, the transgender community is in a constant battle as they have to fight
oppression, abuse and discrimination from every part of the society, whether
it's their own family and friends or society at large. The life of transgender
people is a daily battle as there is no acceptance anywhere and they are
ostracized from the society and also ridiculed.
However, the Supreme Court of India in its pioneering judgment by the division
bench of Justices K.S. Radhakrishnan and A.K. Sikri in National Legal Services
Authority v. Union of India & Ors.
[Writ Petition (Civil) No.400 of
2012(NALSA)] recognized the third gender along with the male and female. By
recognizing diverse gender identities, the Court has busted the dual gender
structure of 'man' and 'woman' which is recognized by the society.
"Recognition of Transgenders as a third gender is not a social or medical issue
but a human rights issue," Justice K.S. Radhakrishnan told the Supreme Court
while handing down the ruling.
The right of equality before law and equal protection of law is guaranteed under
Article 14 and 21 of the Constitution. The right to choose one's gender
identity is an essential part to lead a life with dignity which again falls
under the ambit of Article 21. Determining the right to personal freedom and
self-determination, the Court observed that "the gender to which a person
belongs is to be determined by the person concerned." The Court has given the
people of India the right to gender identity.
Further, they cannot be discriminated against on the ground of gender as it is
violative of Articles 14, 15, 16 and 21.
The Court also protects one's gender expression invoked by Article 19 (1) (a)
and held that "no restriction can be placed on one's personal appearance or
choice of dressing subject to the restrictions contained in article 19(2) of the
The Court recognized the right to as to how a person choose to behave in
private, personhood and the free thought process of the human being, which are
necessary for the fullest development of the personality of the individual. The
Court further noted that a person will not realize his dignity if he is forced
to mature in a gender to which he does not belong to or he cannot relate to
which will again hinder in his development.
The Supreme Court has given certain directions for the protection of the rights
of the transgender persons by including of a third category in documents like
the election card, passport, driving license and ration card, and for admission
in educational institutions, hospitals, amongst others.
Human rights are basic rights and freedoms which are guaranteed to a human by
virtue of him being a human which can neither be created nor can be abrogated by
any government. It includes the right to life, liberty, equality, dignity and
freedom of thought and expression.
The Supreme court in National Legal Service Authority v the Union of
India was concerned with the grievances and suffering of the Transgender
Community as they seek a legal declaration of their gender identity rather than
the identity of male/ female that was assigned to them at the time of their
birth and their prayer was that non- recognition of their gender identity is
violation of Article 14 and 21 of the Indian constitution.
The Hon'ble court interpreted the meaning of Article 14 and held that the
article provides protection to any person
, and person
here includes the
transgender person as well and hence, they are all entitled to legal protection
of law in all the spheres of state activity like any other citizen of this
country. The court also held that Article 15 and 16 is not just limited to
biological sex of male or female but it intended to include those people too who
consider themselves to be neither male nor female.
Further the court referred to
Article 19(1)(a) and 19(2) and concluded that transgender personality can be
expressed by transgender' s behavior and presentation and it cannot be
restricted or prohibited. Lastly, the court referred to Article 21 and held that
"Hijras/ Eunuchs have to be considered as third gender, over and above binary
gender under our constitution and the laws". The Supreme Court in its final
judgment declared that transgender apart from binary gender, should be treated
as "third gender" for the purpose of safeguarding their rights under Part III of
Constitution of India and the laws made by the parliament and State legislature.
Transgender's Right under Indian Constitution:
The preamble to the constitution mandates every citizen Justice: – social,
economic, political equality of status.
The Indian state policy that earlier recognized only two sex i.e. only male and
female has deprived the third gender from their several rights as being an
Indian citizens, which includes right to vote, the right to own property, the
right to marry, the right to claim a formal identity through a passport etc. and
more importantly their the right to education, employment, health so on. The
basic rights which they were deprived from are their fundamental rights under
Article 14, 15, 16 and 21.
The rights of transgender where for the first time
considered under the 2014 NALSA Judgment where the supreme court laid emphasis
on protecting and safeguarding the rights of the transgender person under the
principles of Indian Constitution laid down in Article 14, 15,16 and 21.
Article 14, 15 and 16 provides right to equality and Article 21 which provides
right to freedom for each and every Indian citizen but transgender person where
deprived from their basic right to freedom and equality.
Article 14 deals with Equality before the law or equal protection before the law
within the territory of India. Article 14 clearly falls within the expression "person
" which includes the male, female and third gender within its ambit so
the transgender is also entitled to legal protection under Indian constitution
in all the spheres of state activity.
Article 15 which deals with the prohibition of discrimination on the ground of
religion, race, caste and sex includes the third gender under its ambit as being
the citizens they have the right to not to be discriminated on the ground of
their religion, caste race and sex. They have the right to protect their gender
expression which is majorly reflected through their dresses, action and
Article 16 deals with equality of opportunity in the matters of public
employment as this article is used to broaden the concept of sex which includes
"Psychological Sex" and gender identity within its ambit. The transgender being
the citizens of India has the right to employment and equal opportunity in the
matters of employment and they should not be discriminated on the basis of their
Article 21 which deals with the protection of life and personal liberty states
that no person shall be deprived of his life and personal liberty except
according to the procedure of law. For ages transgender have been deprived of
their life and personal liberty. The transgender being the citizen of India
should have full right to protect their right and personal liberty. The Supreme
Court has also recognized the right to dignity by recognizing gender identity
within the ambit of Article 21
The case Navtej Singh Johar v. the Union of
 deals with the Decriminalization of Section 377 of the Indian Penal
Code as the central issue of the case was the constitutional validity of the of
Section 377 as it stated that:
voluntarily carnal intercourse against the order of nature with any man, woman
or animal shall be with punished with imprisonment for life, or with
imprisonment which may extend to ten years with a fine.
petition was filed stating that Section 377 of the Indian penal code is in
violation of right to privacy, equality, freedom of expression and protection
against discrimination. The petitioner in the present case filed the writ
petition to seek the recognition of right to sexuality, right to sexual autonomy
and right to choose a sexual partner to be a part of right to which is
guaranteed under Art 21 of the Constitution of India.
The petitioner in the
present case argued that Section 377 was violative of Article 14 as it was vague
in the sense that is did not define carnal intercourse against the order of
and there was no intelligible differentia between natural and unnatural
consensual sex. Section 377 was further violative of Article 15 as it
discriminates on the basis of the sex of a person's sexual partner and it was
further violative of Article 19 as it denied the right to express one's sexual identity.
The Hon'ble Supreme court in the present case held that Section 377
should be decriminalized and affirmed that homosexuality is not an aberration
but a variation of sexuality. The Court further held that discrimination on the
basis of sexual orientation is violative of right to equality and right to
privacy as sexual orientation forms an inherent part of self-identity and
denying the following rights is violative of right to life and fundamental right
cannot be denied.
Section 377 of IPC - Unnatural offences:
has carnal intercourse against the order of nature with any man, woman or
animal, shall be punished with 1[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
Penetration is sufficient to constitute the
carnal intercourse necessary to the offence described in this section.
Prohibition Against Discrimination:
Transgender people have suffered from discrimination for ages in the matters of
housing, health, education and employment. The discrimination suffered by them
emanates from the social stigma and isolation that they suffer from lack of
resource which were provided for Transgender people. To safeguard the rights of
transgender people and to protect them from the discrimination, The Transgender
Person (Protection of Rights) Act, 2019 includes the prohibition against
discrimination which most importantly includes important sectors like
employment, education and health care sectors.
Despite the dramatic progress of the transgender movement in the last decade,
resulting in greater public awareness and significant legal victories, trans
people continue to face blatant discrimination, high levels of violence, and
poor health outcomes. Trans people of color often face markedly worse health and
economic outcomes as they navigate multiple systems of oppression.
highlighted some key issues below:
Transgender people face enormous health disparities, including staggering
rates of HIV infection, lack of primary care (including individualized,
medically necessary transition- related healthcare), and high rates of
Transgender people bear the economic consequences of
discrimination, including high rates of poverty and unemployment, discrimination
in education, and homelessness. Trans people are more than twice as likely to
live in extreme poverty (earning under $10,000 a year), with Latinx transgender
people facing three-and-a-half times, and Black transgender people facing three
times, the poverty rate of the general U.S. population.
Transgender people, and Black transgender women especially,
experience frightening levels of physical violence. This is particularly true
among transgender people participating in sex work and other informal or
criminalized economies. Brutal murders of transgender women occur with such
alarming regularity, often with little response from law enforcement, that
the American Medical Association declared violence against transgender people an
epidemic in 2019.
- Civil Rights:
Recognition and respect for the civil rights of trans
people is critically important because their legal needs span many aspects of
life. These needs include identity documents that accurately reflect who they
are, protections from employment discrimination, and immigration rights, to name
only a few.
Basic Rights of the Transgender which are being violated and which
needs to restored Education:
The education of transgender person is equally important like other male or
female gender but the social stigma that transgender person faces breaks their
interest and focus towards their learning and they develop a feeling of being
avoided, ignored and disgraced and the transgender students are often denied to
be admitted in educational institution as the educational institution does not
recognize their gender identities.
To protect their right, The Transgender
Person (Protection of Rights) Act, 2019 provides that the educational
institution that are funded or recognized by government shall provide education,
recreational facilities and sports for transgender person without
The transgender persons have suffered workplace discrimination and
discrimination in the matters of employment. They suffer discrimination mainly
in the form of privacy violation, refusal to hire and harassment which leads to
unemployment and poverty. To prevent the discrimination suffered by them the
transgender person protection act states that no government or even the private
entities can discriminate against transgender person in the matters of
employment which includes recruitment and promotions and every establishment
should designate a person to be a complaint officer to deal with the complaints
in relation to the act.
In the case of Nangai v the Superintendent of Police
, the petitioner in the
present case had applied for the post of a woman police constable. The Tamil Nadu Uniformed Services Recruitment Board, Chennai conducted the application
tests. Petitioner's application was successful and she received an order of
appointment from the Superintendent of Police at Karur district. During the
course of her training at the Police Recruit School in Vellore, she underwent a
The examination declared that she was transgender
basis of chromosomal pattern and genitalia. The result of the medical
examination contradicted her birth certificate, medical records, and educational
certificates. Later on The Superintendent ordered her termination from the post
of woman constable. The Hon'ble High Court upheld that the petitioner has
liberty to chose a different gender identity as a third gender in future based
on the medical declaration and the impugned order of termination from service
issued by the Superintendent of Police, was set aside by the Hon'ble court to
protect her right as a transgender person.
The health care services for the transgender person does only refers to the
medical procedure involved in transition but health refers to a overall state of
complete physical, mental and social wellbeing. Health care also refers to a
range of primary and other health care services which includes employment,
housing and public acceptance of the transgender people.
As the transgender
person have suffered from substantial health disparities and barrier to
appropriate health care services for ages had made them to suffer depression,
attempted suicide, violence and harassment and even the HIV. To provide them
protection and help them to lead a happy life The Transgender Person (Protection
of Rights) Act, 2019 states that government should take proper steps to provide
health care facilities to transgender person and it should include separate HIV
surveillance centers and sex reassignment surgeries and Transgender persons
should be provided with a comprehensive medical insurance.
Violation of Human Rights of Transgenders:
They are deprived of social and cultural participation and hence they have
restricted access to education, health care and public places which further
deprives them of the Constitutional guarantee of equality before law and equal
protection of laws. It has also been noticed that the community also faces
discrimination as they are not given the right to contest election, right to
vote (Article 326), employment, to get licenses, etc. and in effect, they are
treated as outcast and untouchable.
The transgender community faces stigma and discrimination and therefore has
fewer opportunities as compared to others. They are hardly educated as they are
nor accepted by the society and therefore do not receive proper schooling. Even
if they are enrolled in an educational institute, they face harassment and are
bullied every day and are asked to leave the school or they drop out on their
own. It is because of this that they take up begging and sex work.
Seldom does a skilled individual from this community get into formal employment
due to the policy of hiring only from either the male or female gender. Even if
they do, they are ridiculed and ostracized and hence forced to leave their jobs.
They are forced into sex work which puts them at the highest risk of contracting
HIV as they agree to unprotected sexual intercourse because they fear rejection
or they want to affirm their gender through sex. They are viewed as 'vectors' of
HIV in the society. Other sexually transmitted infections such as rectal
gonorrhea, syphilis, rectal Chlamydia, etc., add to the risk of HIV.
Immoral Traffic Prevention Act of 1956 which was amended in 1986 has become a
gender-neutral legislation. The domain of the Act now applies to both male and
female sex workers along with those whose gender identity was indeterminate.
With the amendment both the male and hijra sex workers became criminal subjects
as this gives the police the legal basis for arrest and intimidation of the
transgender sex workers.
Section 377 of IPC criminalizes same sex relations among consenting adults. This
is a colonial era law which makes the Transgender community vulnerable to police
harassment, extortion and abuse. In Jayalakshmi v. State of Tamil Nadu,
Pandian, a transgender, was arrested on charges of theft by the police.
- Laxmi Narayan Tripathy, a Hijra, explained her trauma as
growing up as a child, I felt different from the boys (as I was born as a boy)
of my age and was feminine in my ways. On account of her femininity, from an
early age, I faced repeated sexual harassment, molestation and sexual abuse,
both within and outside the family. Due to my being different, I was
isolated and had no one to talk to or express my feelings while I was coming
to terms with my identity. I was constantly abused by everyone as a 'chakka'
Later, she joined the hijra community is Mumbai as she identified with other
Hijras and for the first time in her life, she felt at home.
- Siddarth Narrain, an eunuch, has similar things to say. He
expresses his feelings as when, "I was in the 10th standard I realized that the
only way for me to be comfortable was to join the hijra community. It was then
that my family found out that I frequently met hijras who lived in the city. One
day, when my father was away, my brother, encouraged by my mother, started
beating me with a cricket bat. I locked myself in a room to escape from the
beatings. My mother and brother then tried to break into the room to beat me
up further. Some of my relatives intervened and brought me out of the room."
- 22 years old Madhu (name changed), a transgender woman from
Madurai explains why she no longer gets tested for the disease. She shares
that "I no longer have the courage. What if they say that I have HIV and AIDS?
Where will I go? And how will I learn? I hope to die if I ever get detected
Similar life experiences have been experienced by other members of the
Transgender Community. Their vulnerabilities force them to compromise on their
health and safety.
Rights of Transgender Bill 2014:
The Bill was introduced in Rajya Sabha on 12th December, 2014 which is passed on
24th April, 2015 unanimously, with cross-party support. This was a private
member's bill introduced by the MP from Tamil Nadu, Tiruchi Siva. 24th April is
celebrated as Transgender day following the passage of the Bill in the Rajya
The rights guaranteed under the Bill are mostly substantive rights such as the
right to equality and non-discrimination, life and personal liberty, free
speech, to live in a community, integrity, along with protection from torture or
cruelty and abuse, violence and exploitation. There is a separate clause for
Education, employment and social security and health are also covered under the
Bill. The chapter on education makes it mandatory for the Government to provide
inclusive education for transgender students and provide adult education to
With the employment chapter, there are two separate clauses dealing with
formulation of schemes for vocational training and self-employment of
transgender persons by the Government. There's a separate clause for
non-discrimination against transgender persons in any establishment – public or
In the social security and health chapter, the Government is asked to propagate
social security and health care facilities which are to be provided in the form
of separate HIV clinics and free SRS. They should be given the right to leisure,
culture and recreation. Basic rights like access to safe drinking water and
sanitation must be provided by the government.
The Bill envisages setting up a number of authorities and forums – National and
State Commissions for Transgender Persons. The Commissions work will be mostly
in the nature of inquiry or recommendations in the inconsistencies in the
application of the law or violations of right of transgender persons. The
Commissions can issue summons to witnesses, receive evidence, etc. There is
penalty by way of imprisonment for up to a year for hate speech against
Conclusion and Suggestion:
The court has suggested certain directions to the central and state government,
which I consider to be best policies that can be implemented to control the
situation, which are:
- Hijras, eunuchs should be treated as third gender for the purpose of
safeguarding their fundamental rights,
- Recognize the persons' need to identify his own gender,
- Providing reservations in public education and employment as socially
and educationally backward class of citizens,
- Making special provisions regarding HIV sero-survelliance for
transgender persons and provide appropriate health facilities,
- Tackle their problems such as fear, gender dysporia, shame, depression,
suicidal tendencies, etc.
- Measures should be taken to provide health care to transgender people in
hospitals such as making separate wards and also provide them separate
- Frame social welfare schemes for their all-round development,
- To create public awareness so that the transgenders feels that they are
part of the society and are not to be treated as untouchables.
The judgment has marked a break from otherwise paternalistic and charitable
approach of the state towards the transgender community by framing their
concerns as a matter of rights.
One of the basic tenets of the equality scheme lies in the recognition and
acknowledgement of the 'right of choice and self-determination'. Determination
of the gender to which a person belongs and relates is intrinsic to their right
of self-determination and their dignity.
Acknowledging that Indian laws are substantially binary in nature, recognising
only male and female genders, the Honorable Supreme Court of India in its order
in the case of National Legal Services Authority vs. Union of India
April 2014, AIR2014SC1863, the Nalsa Judgement), declared transgender
individuals distinct from binary genders, as the 'Third Gender' under the Indian
constitution and for the purposes of laws enacted by the parliament and state
Non-recognition of the Third Gender in the Indian legal framework has resulted
in systematic denial of equal protection of law and widespread socio-economic
discrimination in society at large as well as in Indian workplaces. In the wake
of the Nalsa Judgment, the Indian parliament recently enacted the Transgender
Persons (Protection of Rights) Act,2019 (the 'Act').
- Available at: Lawsikho.com, extracted from -
- Available at - https://www.them.us/story/inqueery-transgender
- Available at : https://indiankanoon.org/doc/193543132/
- Citation - Writ Petition (Civil) NO.400 OF 2012
- Citation - AIR 2014 SC 1863
- Citation - Writ Petition (Criminal) No. 76 OF 2016
- Citation - (2014) 4 MLJ 12
- Citation - (2007) 4 MLJ 849
- Available at: Lawsikho.com, extracted from - https://blog.ipleaders.in/legal-rights-of-transgender-india/
- Available - By Aloke Tiwari, Shivika Upadhyay And Vishal Singh'S Blog-