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Transgenders In India

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TRANSGENDERS IN INDIA: A CONFLICT TRANSFORMATION PERSPECTIVE
Transgenders are one of the most vulnerable, abused and neglected groups in all societies across the world. The human rights violations against the transgender community continue to be one of the central social issues in all societies. Anthropologists identify that the recognition and evaluation of people based on their sexual orientation is akin to that of caste system where the people from different castes are categorised and ranked. The ranking and views of legitimacies and illegitimacies in a sexual hierarchy is very instrumental in analysing and identifying how a culture evaluates a particular sexual behaviour. In all societies, the members of low ranked sexual hierarchy are …show more content…

It is pertinent to note that the transgenders were not being considered as persons in the eye of law until recently. The studies reveal that, the fact of a person being a transgender itself make him vulnerable and expose him to wide range of abuse and harassments. The humanitarian approach of the judiciary has lightened a ray of hope on the dreams of the transgender community for being considered as humans through judicial activism. The purpose of this paper is to analyse the status and also trace out the way of recognition to the rights of transgenders India.
Conceptualizing transgenders
Transgenders are one of the sexual minorities. Though the terms, sex and gender appears to be same, have different connotations. Sex denotes a person’s biological status, viz, male or female whereas, gender is a word often used to refer to ways that people act or behave, interact or feel about themselves which are associated with boys or men and girls or women. In its most general and comprehensive sense, a transgender signifies any person whose behaviour or identity falls outside the preview of stereotypical gender norms. They have the characteristic features of both males as well as females. Theoretically speaking, …show more content…

The essence of non-discrimination is incorporated under Article 14 of the constitution. The argument articulated under the concept of rule of law is that “no one is above law and every one should be treated equally”. It is India’s constitutional obligation to protect the right to life of people including non-citizens. The right to life guaranteed under Article 21 of the Indian constitution has different shapes which includes right to live with human dignity. In other words, the soul of Article 21 bestows on the point that the quality of life is more important than the life itself. It is pertinent to note here that the transgenders are also entitled to have all these rights being the members of human family. Surprisingly, there are no direct legislations to protect the basic rights of transgenders except a recent judicial pronouncement rendered by the Supreme Court of India. For the sake of convenience, the protection of transgenders’ rights in India can be discussed under two heads; the position before and after the judgement in National Legal Service Authority v Union of India and Ors .
The status of Transgenders before National Legal Service Authority v Union of India
The transgender community had been, and still continues to be one of the most vulnerable subjects open to wide range of abuse, torture, discrimination and human rights violations. The state and the society have

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