Trans genders have always been considered as a kind of “taboo” in some parts of the country. Many a times trans genders face discrimination just due to their gender. It is really necessary to understand that transgender us not a “disease” but, a gender itself. There have been many instances in Indian courts too where Trans genders have been given their rights. Article 15 and 16 of the Indian Constitution state that any citizen cannot be prohibited or discriminated on the basis of caste, sex , gender etc. gender here does not only include male or female, it includes transgender too.
The concept of gender is evolved by humans only. It is necessary to understand that “transgender” is not disease but a gender. We don’t get the choice of choosing our genders when we are born. Gender evolves from the combination of genitals from our parents. Any human cannot be blamed for being born with a different gender. The only issue is that transgender is rare and not commonly found like other two genders. Article 14 states that every individual is equal before law. Judiciary also plays a vital role in this aspect.
Recently, there have been various cases where it has been held by Supreme Court that transgender hold their substantial rights too. In the case of National Legal Services Authority v Union of India (NALSA Judgment) AIR2014SC1863, it was for the very first time it was recognised that third gender is a human right issue. It needs to be given importance and recognition to resolve the same. This was in 2014. After that, in the year 2019, the Transgender Persons (Protection of Rights) Act, 2019 was enacted.
It can also be noticed by efforts of judiciary that transgender stands as a legal issue and not a medical one. The issue has been again recognised various times. Recently, in 2018, Section 377 of the Indian Penal Code, 1860 was partially struck down. This led to legalisation of the consensual homosexual sex. This was a great step taken for the rights of trans genders. The decriminalisation of such acts is a great step towards humanity too.
After noticing all the above mentioned modifications that have been in the Indian law and statutes. It can be stated that the human right issue has been resolved to an extent. It is also necessary for society to keep this aspect in mind that trans genders cannot be discriminated against on the basis of their castes and they also deserve normal behaviour from the outside. For stating the required laws, the judiciary and parliament have played their roles to an extent. Now, it is also necessary for society to play the role required by it. The bodies of trans genders also function normally as other two genders. There still might be some of the loopholes in the legislation but it will also be resolved with time.
Legal executive has gone about as the spine for getting the privileges of third sexes. The sanctioning of the Transgender Persons (Protection of Rights) Act, 2019 states the significance of choices of society. The job of the legal executive isn’t fundamental in the order of acts however, it additionally assumes a significant part in carrying out alterations at whatever point required. The milestone decisions have cleared a way for tolerant society and the regard for each individual living there. As Article 21 of the Constitution likewise doesn’t portray a specific local area of individuals, the equivalent is presently being executed in other essential rights expressed by the Constitution of India.
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