Evolution of Transgender laws in India and comparative Analysis with others countries of world   

                                                                                                                            “Start writhing ,no matter what.The water does not glow until the faucet is turned on”

Transgender community includes Hijras,Eunuchs,Kothis,Aravanis ,Jogappa,Shiv-Shakthis etc,who have been a part of Indian society for centuries .The Vedic and Puranic literature mention tritipaprakriti meaning the third gender and napunsaka meaning someone with the loss of procreative ability.The word hijra used in the Indian language appears to be derived from the Persian word his,i. e.,someone who is effeminate and/or ineffective or incompetent .Another commonly used word is kinnar ,whereas chhakka is used in a derogatory context .Though most of the eunuchs seen today are begging at traffic signals or during weddings ,they were a respected lot during the Mughal rule in the Medieval India .The word eunuch is derived from the Greek word Euneukhos which literally means bed chamber attendant .Hence ,they were put in charge of harems due to their emasculation .During the British rule,they were denied civil rights and we’re considered a separate caste or tribe who did kidnapping and casyration of children and danced and dressed -like women.

The LGBTQ group is referred to as the lesbian,gay,bisexual ,Transgender ,and queer community which includes those with gender dysphoria and different sexual orientation .The lesbian and gay people have been accepted in many parts of the world and have also got their rights ,but the Transgender is still without rights.

Case

National Legal Services Authority V.Union Of India is a landmark decision by the Supreme Court of India ,which declared Transgender people to be a third gender affirmed that the fundamental rights granted under the Constitution of India will be equally applicable to Transgender people ,and gave them the right to self -identification of their gender as male,female or third -gender .Transgender people were treated as socially and economically backward classes,they will be granted reservation in admission to education institution and jobs.

Medical Lexicon

The following definition help in understanding the various gender -related terminologies :-

Assigned gender-refers to a person’s initial assignment as male or female at birth .It is based in the child’s genitalua and other visible physical sex characteristics.

Agendered-without gender ,individual identifgung as having no gender identity .

Cisgender -describes individual whose gender identity or expression aligns with the sex assigned to them at birth.

Closeted -describes an LGBTQ person who has not disclosed their sexual orientation or gender identity .

Coming out-The process in which a person first acknowledge ,accepts ,and appreciates his or her sexual orientation or gender identity and begins to share that with others.

Gender-denotes the public lived role as boy or girl ,man or woman.Biological factors combined with social and psychological factors contribute to gender development.

Gender-atypical-refers to physical features or behaviors that are not typical of individuals gender expression the manner in which a person communicates about gender to others through external means such as clothing , appearance ,or mannerisms .This communication may be conscious or subconscious and may not reflect their gender identity or sexual orientation.

Gender-nonconforming -refers to behaviours that are not typical of individuals with the same assigned gender in a given society.

Gender reassignment-denotes an official change of gender

Different countries view

The president of Argentinean,Cristina Fernandez de Kirchner ,signed into law the cpuntry’s gender identity bill,establishing Argentina as the most transfriendly legal environment in the entire world.Trans people will be able to change their legal gender and name without Judicial permission or any requirement that they undergo surgeries.

United Kingdom

Transgender rights in the UK had been gaining ground since the 1990s,with the granting of rights and protection to the Transgender community. The legal case of Corbett V.Corbett heard in November and December 1969 with a February decision ,set a legal precedent regarding the statues of Transsexual people in the UK .Justice Penrod’s decision ,the marriage was deemed void,and an unofficial correction of birth certificate for Transsexual and intersex people ceased.

In the 1980s and 1990s,the pressure group press for change ,campaigned in support for Transgender and Transsexual people to be allowed to marry,and helped take several cases to the European Court of human Rights .In Rees V.UK the court decided that the UK was not violating any human rights.

America

The SC decision in Obergefell V Hodges established that equal protection requires all jurisdictions to recognize same sex marriage ,giving Transgender people the right to marry regardless of whether their partners are legally considered to be same sex or opposite sex.Ruled that people have a right to marry without regard to sex.

India

The Transgender persons Bill 2016

The ball defines a Transgender person as one who is partly female or male or a combination of female or male or neither female or male .The person’s gender must not match the gender assigned at birth and includes trnas-men ,trnas-men ,persons with intersex variations and gender -querrs.A Transgender person must obtain a certificate of identity as proof of recognition of identity as a Transgender person and to invoke rights under the bill.The bill prohibits discrimination against a Transgender person in areas such as education , employment ,and healthcare .It directs the central and state governments to provide welfare schemes in these areas.Offences such as compelling a Transgender person to beg,denial of access to a public place , physical and sexual abuse ,etc would attract up to 2years imprisonment and a fine.

Constitutional rights of Transgender people

Preamble to the Constitution mandates Justice ,social ,economic ,and political Equality of status .

Thus the first and foremost rights that they are deserving of is the right to Equality under Article 14.Article 15 speaks about prohibition if discrimination on the ground of religion ,race ,caste,sex or place of birth.Article 21 ensures right to privacy and personal liberty to all the citizens.Article 23 prohibits trafficking in human beings as beggars and other similar forms of forced labor and any contravention of these provisions shall be an offence punishable in accordance with law.

Problems faced by Transgender

The main problems that they are being faced by the Transgender community are of discrimination , unemployment,lack of education facilities ,homelessness ,lack of medical facilities,like HIV care and hygiene ,depression ,hormone pill abuse,tobacvo,and alcohol abuse,penectomy,and problems related to marriage and adoption.In 1994 ,they got the voting rights but the task of issuing them voter identity card got caught up in tha male or female question.Several  of them were denied cards with sexual category of their choice .Transgender have very limited employment opportunity . Transgender have no access to bathrooms/toilets and public spaces .Forced sex is 46%,physical abuse is 44%,verbal abuse is 56%,blackmail for money is 31%,and treat to life is 24%.

Reforms needed to improve situation

Legal measures

Every person must have right to decide their gender expression and identity , including Transsexual , Transgender,transvestites,and hijars.They should also have the right to freely express their gender identity.

There should be a special legal protection against civil Soviet which is very akin to the offence of practing untouchability.

Civil rights under law such as the right to get a passport ,ration card ,make a will ,inherit property and adopt children must be available to all regardless of change in gender /sex identities.

Gender dysphoria -as a general descriptive term refers to an s discontent with the assigned gender .It is more specifically defined when used as diagnosis.

Gender expansiveness-cobvey a wider ,more flexible ranger of gender identity and or expression than typically associated with the binary gender system.

Gender fluidity -a person who does not identity with a single fixed gender ,of a relating to a person having or expression a fluid or unfixed gender identity.

Gender queer-gender queer people typically reject notions of static categories of gender and embrace a fluidity of gender identity and often ,though not always sexual orientation.Peopel who identify as gender queer may see themselves as being both male and female ,neither male or female or as falling completely outside these categories.

Transsexual -refers to an individual who seeks ,or has undergone ,a social transition from a male to female or female to malet.

Transphobia-fear and hatred of,or discomfort with transgender people.

List of Transgender people

Marja -Sisko Aalto-Luthetan poet

Alexander James Adams-American musician

Aderet -Israeli Pop Singer

Sathyasri Sharma -India’s first Transgender lawyer

Joyita Mondal- India’s first Transgender judge

Prithika Yashini -India’s first Transgender police officer

Manabi Bandopadhyay -India’s first Transgender college principle

Mumtaz- s first Transgender  person to contest election

Shabnam Kaisi -India’s first Transgender who became an MLS

Dhabi -India’s first Transgender soldier

Jiya Das -India’s first Transgender medical assistant

List of Transgender movies

The Danish Girl,A fantastic woman,Tangerine ,girl,boy meets girl,tranny fag,romeos,tomboy,the trans list ,3generation better than chocolate,the word according ,ace Ventura ,dressed to kill,the adventures,breakfast on Pluto ,20centimetres ,Glen or Glenda ,Hedwig and angry be like others bad education, a soap my life in pink,transmeica etc.

Conclusion

The government of India today has taken a stance and introduced several welfare policies and schemes for the Transgender which would be a big step forward.These include census ,documentation ,issuing of Citizenship I’d cards,issuing passport along with social ,economic ,political tranformation ,housing ,legal measures ,police Reforms ,legal Constitution allows safeguards to prevent human rights violtion of the Transgender community and institutional mechanism to address specific concerns of Transgender people.

1.https://www.google.com/url?sa=t&source=web&rct=j&url=https://theconversation.com/amp/how-genes-and-evolution-shape-gender-and-transgender-identity-108911&ved=2ahUKEwjZhL258bT4AhUOyDgGHTimC7EQFnoECD0QAQ&usg=AOvVaw3RP1J5x3n7cvr6jLPI67a-

2https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.iilsindia.com/blogs/brief-history-transgenders-india/&ved=2ahUKEwjZhL258bT4AhUOyDgGHTimC7EQFnoECDwQAQ&usg=AOvVaw0N51x03nyrpGQ5ls7RLm-a

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