CONSTITUTIONAL AND LEGAL STATUS OF TRANSGENDERS 1

2016

Transgender communities are always considered not part of the citizenship project. The recent Supreme Court verdict making them very much part of the citizenshop discourse has considerably changed the situation. Even though these communities have found their presence since ancient times, yet it took such a long time to recognise their legal rights. Yet, if one closely look at the judgement, there are shortcomings and it needs further improvement. The most important drawback is that it does not address the question of their social recognition and also it does not address the unconventional transgender community in its analysis. It only recognises their legal rights

Anu Books, 2022

Indian constitution is very much humble and soft spoken for human being. It is considered as holy epic for Indian democracy. The opening term in our Preamble, "we, the people......," is widely understood to encompass not just man and woman, but also third gender. Transgender persons, like men and women, are a part of India's population. As a result, the phrase "WE" in the Preamble encompasses transgender people, and the Preamble attempts to guarantee that they are protected by the essential ideas espoused therein. The Preamble promises to provide justice, liberty, and equality to its citizens. Only when everyone in society receives his due is justice conceivable. A fair society is one in which everyone has equal rights and opportunities. Individual liberty are not subjected to unreasonable restrictions. Furthermore, there is no bias or discrimination. As a result, equality and liberty are linked. Equality cannot exist without liberty, and liberty without equality is useless.

IAR Consortium, 2021

I am what I am, so take me as I am." Johann Wolfgang von Goethe "No one can escape from their individuality."-Arthur Schopenhauer One of the milestones in the development of transgender rights is the landmark judgement of NALSA v. UOI 1 where the hon"ble Supreme Court of India gave legal recognition to the "third gender". It was long due in the light of the gross and persistent human rights violations committed against the community. The community has been deprived of the basic rights such as right to life, food, shelter, education, and most importantly right against discrimination. Subsequent to the above-mentioned decision, Parliament passed the Transgender Persons (Protection of Rights) Act, 2019 with the objective of working towards the upliftment of transgenders. The sad reality is that this law and other welfare schemes that target the needs of transgenders came only recently and will take another few years to achieve their objectives. Moreover, these legal mechanisms are not strong enough to end the violence, discrimination, and harassment committed against the community. Such state of affairs calls for investigating into other laws available at the international level meant for the protection of transgender rights. The article intends to provide a brief background of the current human rights situation concerning the transgenders, the problems associated with it, and the possible solutions. It will focus on the international legal mechanisms that require the States to ensure certain basic rights to the transgender community within their territory. It will also focus on the role of various international and regional bodies towards the advancement of human rights. Further, it will explore the link between Constitutionalism and human rights and the role of Indian judiciary in furthering the rights of LGBTQ+ community.

Journal of Human Rights Practice, 2022

The amendments to the Transgender Persons (Protection of Rights) Act of India in 2019 address non-binary persons’ constitutional rights, recognition of their gender identity, and non-discrimination laws across institutional spaces (for example, family, workplace, education, and healthcare). The Act discusses legal rights in isolation of praxis, structural support and, more importantly, lacks guidelines needed to substantively access rights. Such a disconnection relegates human rights to merely legal changes with limited practice. In this article, we discuss the achievements and failures of the act from the perspective of a transgender community in India, and the impact it has had on their lives from its formulation in 2014. Although non-binary communities are recognized, they face severe abuse and discrimination. We analyse accounts of 15 transgender persons’ lived experiences and challenges they faced in claiming their rights in Kolkata, a metropolis in eastern India. We used the framework of substantive access to rights, that is, the actual ability to practice and access documented rights, to critically discuss our findings across family, work, education, and healthcare spaces, often showing the gaps between achieved legal status, and the practical realities on the ground. We provide several recommendations to bridge these gaps—improving educational equity for non-binary people, including transgender specific training for healthcare providers and, more importantly, increasing the adequate representation of non-binary people in the positions of negotiation. The road to claiming social and economic rights following legal rights for non-binary gender communities cannot be achieved without overcoming their erasure within families and hypervisibility in public spaces.

URI, 2020

Socio-Legal Review , 2018

in a transformative change by granting legal recognition to transgender 1 persons. The Court issued several dicta, aiming to provide rights to trans-gender people and protect them from discrimination. The case marked a landmark shift in the legal regime, previously often characterized by the constant persecution and denial of rights to transgender persons. yet, there have been multiple records indicating that the Supreme Court orders have not been adequately implemented by the states in India. To monitor and record the progress in various states, the Centre for Health Law, Ethics and Technology, JGLS initiated the RTI mechanism. Eleven questions, modeled on the Supreme Court directives in the case, were asked to several departments of all states. The responses received have been presented in a tabular form,

SHODH SARITA JOURNAL OF ARTS, HUMANITIES AND SOCIAL SCIENCES, 2020

While discussing the rights of transgender, we must also discuss the obligations of the state, community, and the individual. One question that arises in one's mind, is, should the transgender people live with stigmatisation? Religion attaches importance that the transgender people should live their normal life, it also makes it clear that determination of gender is on God and part of the journey on the planet. The final decision of the gender is on God. The quality of life is equal with everyone, if not more important than the life of normal people. This article discusses the definition of transgender prevalence and status of transgender in India, rights of transgender Act, the transgender persons (Protection of Rights) Act, 2019, key issues that transgender people face, and discrimination and harassment and rights of God. Certain recommendations have been offered for the transgender people, how they can be economically independent and live in a more dignified manner.

s: In a millennium challenge in the arena of human rights, recognition, promotion and protection of rights of Transgender became a biggest challenge. This research summary studies the transgender in human rights perspective in a macro level dealing with current situation with key to their development in India.

Lentera Hukum

The movement for decriminalizing homosexual relations and the human rights of the LGBT community has gained momentum in the last decade. In India, various NGOs and LGBT society have fought a long battle demanding the decriminalization of homosexuality and declaring sexual orientation as part of the fundamental right to life under Article 21 of the Indian Constitution. This paper explored the Indian legislative framework dealing with transgender people. Furthermore, it extensively covered the landmark judgments delivered by the Indian judiciary on the subject matter and highlighted that these judgments had played an essential role in uplifting the cause and protecting the fundamental rights of transgenders. Using doctrinal research as its methodology, this study showed that the Indian Constitution essentially provides a fundamental right to equality under Article 14, whereas Articles 15 and 16 outline that no one shall be discriminated on the ground of sex. Also, the Indian judiciary...

2018

Transgender people have existed in every culture, race, and class since the story of human life has been recorded. The transgender community faces considerable stigma which is mentally ill, socially deviant and sexually predatory. While these views have faded in recent years for lesbians and gay men, transgender people are still a subject of mockery in society . This stigma plays out in a variety of contexts. Transgender people are all around the world. Most trans people around the world are closeted due to endemic discrimination. Around the world there are different cultures and different types of gender identity which are difficult to compare to each other. In India there are a lots of socio – cultural groups of transgender people like hijras/ kinnars, and other transgender identities like – shiv-shaktis, jogtas, jogappas, Aradhis, Sakhi, etc. However, these socio-cultural groups are not the only transgender people, but there may be those who do not belong to any of the groups but...