RIGHTS OF TRANSGENDERS

Transgenders are those human beings whose gender differs from their sex assigned during the birth. in layman language it means that , someone who born as a male but after the person grew up, their preferences changed and want acknowledge himself as a female. So basically, any sort of gender identity which a person want to acknowledge himself or herself as but in reality is not the same gender as gender identity by birth is known to be as a transgender. They are also called as Genderqueer, Cross-dresser, Non- Binary etc. Transgenders people faced and are facing a lot of discrimination in almost every center either it be educational institutions, job centers or in society in general. They never got considered as a part of the society and kept aside from the general society. All these unnatural and discriminatory treatment with transgender people led to the violation of basic fundamental rights. Transgenders are not different people from the normal people, its just they are never considered as normal people.

2009 Election Commission decided that the Transgenders as a third gender can file when they will go ahead to vote for the elections. So, the Election Commission,2009 gave an acknowledgement to the transgenders to register themselves as a third gender. The purpose behind this was solely election. Therefore, from this the issue has emerged to create and recognize transgenders a third gender. A petition was filed in 2012 by Poojya Mata Nasib Kaur Ji Women Welfare Society with a Transgender Activists Laxmi Narayan Tripathy along with National Legal Authority of India(NALSA) and the case went to Supreme Court of India. In 2014 the Judgement given by the two Judge Bench that Transgenders are acknowledged as a third gender in India. This was the first time that Transgenders got recognition as a proper gender Identity as ‘Third Gender’ with all the basic fundamental rights , so that it will lead to decrease in the social discrimination with this community. The Supreme Court said that the transgenders will be donated as ‘X’ and there will be no form of discrimination against the community. Supreme Court said that Biological test is not important but psychological test is more meaningful and forcing the person to go through surgery is considered as illegal. Public sanities and separate washrooms will be provided to the Transgenders but this is rarely applicable in the real society and the Hon’ble SC also said that the stigma attached to it needs to be remove from the society.

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SURBHI GOYAL at LEXCLIQ

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