Introduction

Transgender people are those whose identities differ from gender stereotypes, which define gender only as male or female. Society does not accept gender identity because of which they suffered from discrimination, social oppression and violence. There are some traditional and social groups of transgender people called Hijras, jogappas, Sakhi, Aradhis, etc. and there are people who do not belong to any of these groups but are collectively referred to as transgender. This article discusses transgender rights in India as transgender people have the right to be recognized as a third gender and have legal protection under the law. The Indian constitution also guarantees the rights of a transgender person, as the constitution guarantees justice and equality to every citizen of India. The government has introduced the Transgender Persons (Protection of Rights) Act 2019 to prevent discrimination in employment, education and transgender health services and social security measures have been adopted to protect the rights of transgender people.

A transgender person

A transgender person is considered someone whose gender identity differs from who they thought they were at birth. A transgender person refers to “a person whose gender does not match the gender assigned to them at birth, but these are people who have different sexual orientation”. These are people born with male or female anatomy, but who have different feelings about their body structure because their gender, characteristics, or behaviors are different from their sex at birth. Transgender people try to express their gender identity in many ways, as some use their behavior, clothing, or behavior to live according to the gender they feel comfortable with, while rejecting a traditional understanding of gender that is divided between men and women. so that they identify themselves as transgender or genderqueer.

Transgender rights in India

Transgender people are different from the illusion and existence of only two genders; they have different looks, personal characteristics and behaviors. Being different from other genders, transgender people have come under oppression as society accepts their gender identity and they suffer from violence against them. The main problems they face are lack of education, unemployment, homelessness, lack of health facilities, depression, alcoholism and discrimination throughout their life. In order to protect their rights and solve their problems, the Constitution of India gave them their own rights and the Supreme Court allowed them to be recognized as “third sex” and gave them some social protection measures.

Recognition as a third gender

Transgenders are the people who have suffered discrimination for centuries, because previously their gender identity was not recognized either by law or by society and they were forced to write masculine or feminine against their sex. The Supreme Court of India has recognized transgender people as the third sex to eradicate the discrimination they face and protect their rights. The court wanted the center to treat transgender people as a social and economic class and give them the opportunity to enter educational institutions and get jobs based on their third gender. In the landmark case of National Legal Service Authority v Union of India, gender equality was given third party status in the eyes of the law, where the Hon’ble Supreme Court ruled that fundamental rights should be given to men and women. the third woman is the same way. is. given to men and women. The court gives transgender people equal rights and protection under articles 14, 15, 16 and 21. The court emphasized the importance of the right to respect and be recognized that gender identity is based and reassigned sex after sex change. Surgery because the person has the legal right to be identified as male or female.

Therefore, transgender people have the right to receive legal protection of the law in all areas of state services, including education and employment.

The rule of law is supreme and everyone is equal in the eyes of law in India. Despite that, the transgender community is constantly fighting to fight oppression, oppression and discrimination from all parts of society, be it their family and friends or society at large. The life of transgender people is a daily struggle because there is no acceptance anywhere and they are ostracized from society and ridiculed

. However, the Supreme Court of India, in a bench judgment of a pioneer division of Justices K.S. Radhakrishnan and AK Sikri in National Legal Services Authority v. Union of India & Ors. recognized the third sex in male and female. By recognizing different gender identities, the Court broke down the social order of “male” and “female”.

“The recognition of transgender people 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 delivering the verdict.

The right to equality before the law and equal protection of the law is enshrined in Articles 14 and 21 of the Constitution. The right to choose one’s gender is a necessary condition for a dignified life, which again falls under Article 21. In determining the right to freedom and self-determination, the Court stated that “sexuality shall sing. determined that the victim. The court gave Indians the right to get gender identity. In addition, do not be careful against his kindness because it is banished by the topics 13, 15, 16 and 21.

The Judge protects his words indicating that it is pages 19, a) limited and self-esteem or to submit it to the restrictions on page 19, paragraph No. 2, which rules ” The court recognizes the law about how a person chooses to behave and the privacy, behaviour and thought process of a person’s freedom, which are important for the full development of the person’s personality.

 The court went on to state that a person will not understand his dignity if he is forced to grow up in a sex he is not or cannot identify with, which will prevent their further development. The Supreme Court has issued some guidelines for the protection of the rights of transgender people by applying third parties to documents such as voter cards, passports, driving licenses and ration cards, as well as for admission to educational institutions, hospitals, and others.

Human rights are fundamental rights and liberties that are granted to people by virtue of their virtues and cannot be created or revoked 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 plight of the transgender community as they sought a legal declaration of gender identity rather than the identity of the gender they were ascribed to at the time. the body. their birth time and their prayer that their gender identity is not recognized is a violation of Article 14 and 21 of the Constitution of India.

The Hon’ble Court interpreted the interpretation of section 14 and said that the section provides protection to “everyone” and “person” here also includes a transgender person and therefore all are entitled to the protection of the law in all regions. State service department like every citizen of this country. The court also said that articles 15 and 16 are not only about gender, but are also intended to include people who think they are not a man or a woman. In addition, the court referred to Articles 19 (1) (a) and 19 (2) and found that the transgender character can be expressed through the behavior and presentation of the transgender and cannot be restricted or prohibited. Finally, the court referred to Article 21 and said that “Hiras / eunuchs should be considered as the third gender, rather than the second gender, under our laws and regulations.” The Supreme Court in its last judgment declared that transgender people, apart from gender binary, should be treated as “third gender” to protect their rights under Article 3 of the Constitution of India and the laws of state parliaments and approved by the Legislature. . The court also went on to order the state governments to provide legal support for their third gender identity.

Rights under Indian Law

The preamble of the law provides justice to every citizen: – social, economic and political equality.

India’s state policy which recognizes only two genders has deprived the third gender of various rights as citizens of India which include the right to vote, the right to own property, the right to marry, the right to claim sign. by passport, etc. and more importantly, their right to education, employment, health, etc. The fundamental rights that have been taken away from them are their fundamental rights under Articles 14, 15, 16 and 21. Transgender rights were first discussed in the NALSA case of 2014, in which the Supreme Court emphasized the protection and protection of the rights of a transgender person under the provisions of the Constitution of India, specified in sections 14, 15, 16 and 21.

Articles 14, 15 and 16 guarantee the right to equality and Article 21, which guarantees the freedom of every citizen of India, except transgender people, when their fundamental rights to freedom and equality are denied. Article 14 deals with equality before law or equal protection before law in Indian territory. Article 14 falls squarely under the term “person” which includes male, female and third gender in its scope, so transgender people are also entitled to legal protection under Indian law. in all aspects of state work. Article 15 which deals with the prohibition of discrimination based on religion, race, ethnicity and gender, including the third gender and its extent as citizens have the right not to be discriminated against on the basis of religion, tribe, tribe. and sex. They have the right to protect their gender which is evident in their dress, and behaviour. Article 16 deals with equal opportunities in public employment as this article expands the concept of sexuality to include “spiritual sex” and gender identity within its scope. Transgender people are citizens of India who have the right to equal employment and employment opportunities and should not be discriminated against on the basis of their sexual orientation. Article 21, which deals with the protection of life and liberty, states that no person shall be deprived of his life and liberty except in accordance with the law. For centuries transgender people have been deprived of their lives and freedom. Transgender being a citizen of India should have full rights to protect his rights and freedom. The Supreme Court has also recognized the right to dignity by recognizing gender identity under section 21.

 Navtej Johar v. The Union of India is talking about the repeal of section 377 of the Indian Penal Code, as the main issue in this case is the constitutionality of Section 377, as it says that “consensual sexual intercourse against a man, woman or animal. shall be punished with imprisonment for life or imprisonment for up to 10 years with fine.The petition was filed stating that Section 377 of the Indian Penal Code violates the right to privacy, equality, freedom of speech and freedom from discrimination limit. The petitioner in the present case filed a petition seeking support for the right to have sex, the right to freedom and the right to choose a partner as part of the right to Article 21 of the Constitution of India. The petitioner in this case argues that section 377 violates section 14 because it is vague because it does not define “physical intercourse against the natural order” and that it is not There is no difference between understanding between natural and unnatural sex. Section 377 further violates Article 15 as it discriminates on the basis of sex and it also violates Article 19 as it denies the right to express one’s sexuality.

The court went on to say that discrimination based on sex violates the right to equality and the right to independence, because sex is an important part of personal identity and the denial of rights the right to life and fundamental rights are being violated. .

The Traffic Prevention Act 1956, which was amended in 1986, became a gender neutral law. The current section of the law applies to sex workers, men and women, and those who do not recognize their gender identity. With the change, men and hijra partners have become criminals as it gives the police a legal basis for arresting and threatening transgender sex workers.

Article 377 of the ICC criminalizes homosexual relations between consenting adults. This is a colonial-era law that leaves the transgender community vulnerable to police harassment, extortion and abuse. In Jayalakshmi v. Tamil Nadu state police arrested Pandian, a transgender for theft. He was attacked at the police station, which eventually led to his self-immolation.

 Transgender Rights Bill, 2014

The bill was presented to Rajya Sabha on December 12, 2014 and passed on April 24, 2015 unanimously, with all-party support. It was a private member’s bill introduced by Tamil Nadu MP Tiruchi Siva. April 24 is being celebrated as Transgender Day after the bill was passed in the Rajya Sabha.

The rights guaranteed by the Constitution are the most important rights such as the right to equality and non-discrimination, life and liberty, freedom of speech, life in the community, integrity, and protection from torture if it is cruel and oppressive. violence and exploitation. .

There is a separate clause for transgender children.

Education, employment, social security and health are also covered by the bill. The Education Act obliges the government to provide education to transgender students and to provide them with adult education.