ANALYSIS OF TRANSGENDER RIGHTS IN INDIA
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 17, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Rakshitha. Vs CO AUTHORED BY:- Nithya. K CO AUTHORED BY :- SHREYA SAMPOORNA ANALYSIS OF TRANSGENDER RIGHTS IN INDIA ABSTRACT: This paper provides a deep examination of the challenges faced by the transgender individuals in India. Our Indian constitutions guarantees equality and justice to the transgender. They face the significant barriers, like discrimination, social problem and lack of access to education and employment. This paper also analysis the historical and cultural aspects of transgender rights in India and also the legal framework for transgender in India. Social stigma, discrimination, boycott from the society and family, absence of supportive family, abusive environment, disowning from families and parents, no medium for education, depression amongst transgenders, no housing facilities, harassment by police and they ultimately resort to begging and sex work. This article will examine the social and economic obstacles that transgender individuals in India experience, such as societal rejection, discrimination, and limited access to jobs and education. This paper highlights the fact that transgender persons are not getting an education because they drop out of school or college due to discrimination. KEYWORDS: Equality, Justice, Discrimination, Education, Employment, Social stigma. INTRODUCTION: Our society has traditionally only acknowledged two genders—male and female—the term “transgender” still causes confusion in the minds of Indians. Asking someone on the street what a transgender person is may make them chuckle and use local terms like “Hijras or Kinner,” among others. But in truth, who is aware of what a transgender person is? They are similar to our friends, neighbours, students, and co workers. Transgender people are people who earlier recognize themselves as of one gender but later on identify themselves as of other gender. Articles 14 and 21 employ the term “person,” whereas Articles 15, 16, and 19 use the word “citizen,” indicating a gender-neutral approach to justice. The fact that no data on transgender people was obtained before to Census 2011 plainly demonstrates the amount of discrimination. Thus, according to the 2011 Census, there are 4,87,803 transgender people in India, with a literacy rate of only 56.07%, compared to 74% for the overall population. According to the National Human Rights Commission Report (2018), 99% of transgender people endure repeated social rejection. 57% of this community wants to go for a sex reassignment surgery but can’t due to lack of money. Enrolling transgender people in the electoral roll requires them to submit a legal document from the oath commissioner attesting to their qualifications, publish this information in a minimum of two newspapers, and have their parents or guardians sign the legal documents. While the election commission is hard to cover all the eligible voters, they have made it more difficult for the transgenders to get a voter card. TIMELINE FOR TRANSGENDER RIGHTS IN INDIA: Mughal Empire – Transgenders held important positions as guardians and advisors. – They were trusted, clever, and loyal. British Period (1858-1947) – Protection and benefits provided by Indian States were stripped away. – British authorities confiscated lands and stigmatized transgenders as criminals. – The Criminal Tribes Act, 1871, Labelled hijras as inborn criminals. Modern Period (Post-Independence) – Transgenders now enjoy better social status and government benefits. – Entitled to voting rights, census inclusion, and citizenship identity cards. – Supreme Court recognized transgenders as the third gender in NLSA v. UOI case. – Government schemes like MGNREGA provide employment opportunities. In recent years, the transgender community in India has witnessed significant improvements in their social status and government benefits. The Supreme Court’s landmark judgment in the National Legal Services Authority (NALSA) v. Union of India case (2014) recognized transgenders as the third gender, entitling them to all constitutional and legal rights. This ruling paved the way for increased inclusivity and acceptance. The government has introduced various welfare schemes to support the transgender community. The 11th Five-Year Plan launched the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme, providing employment opportunities for transgenders. Additionally, transgenders are now entitled to voting rights, inclusion in the general census, and issuance of citizenship identity cards. Despite these advancements, the transgender community continues to face significant challenges, including social stigma, discrimination, and violence. Efforts to address these issues and ensure the effective implementation of existing laws and policies are essential to promoting the well-being and empowerment of transgender individuals in India. HISTORICAL JUDGEMENT: NATIONAL LEGAL SERVICE AUTHORITIES (NALSA) VS UNION OF INDIA AND OTHERS1 The judgement have legal and constitutional protection to the eunuchs in the form of third gender and reiterated that non- recognition of their gender identity will violet article 14 and 21 of the Indian Constitution. NALSA which was constituted under the legal authority act, 1997 to provide free legal services to the marginalised sections of the society along with Pujya Mata Nasib Kaur Ji Women Welfare Society came forward for this cause. During case hearing reference was made to Ramayana and Mahabharata too. Reference from Ramayana: Everyone in Ayodhya cried and decided to follow Lord Rama, Mata Sita, and brother Lakshman when they were summoned to live in exile for 14 years. Among them were they too. And it was impressed by this act, Lord Rama blessed then that they will have the power to confer blessings on the day of childbirth and marriage or other inaugural functions. Reference from Mahabharata: According to the Mahabharata, Aravan, the son of Arjuna and Nagakanya, proposes to be sacrificed to Goddess Kali in order to guarantee the Pandavas’ victory in the Kurukshetra battle; the only requirement is that he spend his final night in wedlock. Since no lady would marry someone who was destined to die, 1 CLPR Transgender Law and Policy Database, CENTRE FOR LAW AND POLICY RESEARCH, https://translaw.clpr.org.in/ (last visited Jan. 31, 2025). Krishna takes the form of Mohini, a stunning woman, and weds him. The Hijras of Tamil Nadu refer to themselves as Aravanis and believe