THE RIGHTS & LIMITATIONS OF THE TRANSGENDER COMMUNITY IN INDIA: A CRITICAL ANALYSIS OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

 

AUTHORED BY: GOURIKA AGANPAL

BBA.LLB 1st Year

URN: 2371008

 

 

 

Objectives

• Objectives are to get knowledge about the existence of Transgenders in India.
• To know about laws related to transgenders.
• To determine its relevance in current situation.
• To study the problem faced by Transgenders.

 

Research Methodology

The research methodology used in this study is based on primary and secondary information.

• Primary information sources like books, journals, and other publications.
• Secondary information sources by taking to transgenders regarding issues faces by then and getting a clear idea of how they are managing things.

 

Keywords

Transgender, Rights, Inheritance, Property, education, bathrooms, sanitation, employment, transsexual, third-gender, community, India, protection, acts, problems, study, health care, cast, reservation, lawful, birth, life, individuals, sex, gender, person, people. 

 

 

 

Some Definitions

1. Transsexual: A restorative term connected to people who look for hormonal (regularly, but not continuously) and surgical treatment to alter their bodies so that they can live their life to the fullest individuals of the sex category inverse to the sex entrust to them at birth (counting lawful status)
2. Transgender: Actually “across gender”, now and then deciphered as “beyond gender”, a community-based term that portrays a wide assortment of cross-gender behaviours and characters.
3. Parallel Sexual orientation: A conventional and obsolete see of sexual orientation, constraining conceivable outcomes to 'man' and 'woman'.
4. Twofold Sex: A conventional and obsolete see of sex, constraining conceivable outcomes of 'male' and 'female'.
5. Sexual orientation character: A person's inner, profoundly felt sense of being either man or lady, or something other or in between. Since sex character is inside and by and by characterized, it isn't unmistakable to others.
6. Sexual orientation Expression: It is remotely and socially seen. It alludes to all outside characteristics and behaviour’s that are socially characterized as either manly or female, such as dress, idiosyncrasies, discourse designs and social intuitive. Usually moreover called sex introduction. 

 

Abstract

THIRD GENDER…….

Can we really say we have accepted them as part of our society, when they still have to struggle for education, basic needs like washrooms, wide acceptance, medical assistance, property rights, love and affection like any other member of the family and the society, they are really being treated as all other genders, are we all ready to welcome them as our friends, family, guide, teacher, colleague, student needs consideration. The question is tough, but the situation transgenders are living in and the difficulties they are facing is toughest, despite having a law in their favour they still struggle, aren’t they humans and if yes then where are the human rights for them. If the law made for them is toothless or the executing agencies are reluctant, this needs consideration. The fundamental rights are same for all like education, sanitation, property etc.

 

Introduction

Transgender people are the people who are very different form the gender norms. It is the community which is most marginalised community in the country. It means it is the term which means the individual whose gender identity is not same as male and female. They do not fall under stereotypical categories of gender binary.[1] They have faced discrimination, social oppression and physical violence as society has failed to accept their gender identity. Their inborn perseverance of gender turns out to be different from their bodily features. They identified as Transgender, transsexual and Hijra. Since the beginning of human civilisation, the existence of transgenders people has been acknowledged but they have lacking subsequent approval from ordinary society. Even in 21st Century these individuals are seen as taboo, and they are subjected to harassment. They are characterised as shame and stigma in both public and private sector. [2]

 

But now they have recognised as third gender and permitted to legal shield under law. The Govt. has enacted Transgender Person (protection of right) Act, 2019 to protect from the discrimination and provide them equal rights in area of education, employment, and health services.

 

Then we talk about there “Property”, it may be defined as movable or immovable property that is owned by a person or individual or group of person or group of individuals. And in the context of transgender, they are not accepted as family member in their own family therefore, they are not even having devisee right in their joint Hindu Family with their gender identity nor as a legal heir of their parent’s separate family.

 

Then comes the four most important there “Sanitation Rights”, Where the transgender bill, 2016 say they will be recanalized as the third gender and will have all equal fundamental rights same as any other gender, are there any washroom at any public place for them as any other gender.

 

Then we talk about their “Education Rights” The Transsexual Individual (Assurance of Freedoms) Act, 2019 aims to protect the rights of transsexual individuals by ensuring that government-funded educational institutions provide education, sports, and sports without segregation, addressing the social shame and discrimination they face in education.

 

Meaning of the term transgender

Transgender is for the most part portrayed as an umbrella term for people whose sexual orientation personality, sex expression or behaviour does not accommodate to their organic sex. TG may moreover take in people who don't distinguish with their sex relegated at birth, which incorporate Hijras/Eunuchs who, depict themselves as third gender and they don't distinguish as either male or female.

 

Hijras are not men by ideals of life systems appearance and mentally, they are moreover not ladies, although they are like ladies with no female propagation organ and no feminine cycle. Since Hijras don't have generation capacities as either men or ladies, they are not one or the other men nor ladies and claim to be a regulation third sexual orientation.

TG too incorporates people who proposed to experience Sex Re- Task Surgery (SRS) or have experienced SRS to adjust their organic sex with their sex character in arrange to be ended up male or female. They are for the most part called transsexual people.

Advance, there are people who like to cross-dress in clothing of inverse sexual orientation, i.e. transvestites. Resultantly, the term transgender, in modern utilization, has ended up an umbrella term that's utilized to depict a wide run of characters and encounters, counting but not restricted to pre-operative, post-operative and non-operative transsexual individuals, who emphatically distinguish with the sexual orientation inverse to their organic sex, male and female. 

 

History of Transgender Community

Indian Folklore offers looks at reality on occasion and a short glance at the impressions of the past, specify that the transsexual people who are many times stigmatized today were once revered and largely appreciated.

 

Divine beings were frequently viewed as addressed as both male and female at various places and in different manifestations.

Ramayana is one more source motivation for the development of transsexual individuals. Rama, while leaving for the timberland for a long time, asked his devotees, tending to them as "people", to get back to the city. Among them, the hijras didn't feel limited by the request and chose to remain with him. Intrigued with the commitment, Rama presented powers on them to give endowments on propitious events. For sure, during the Mughal Domain (1526-1857), hijras were known for positions held in Imperial Courts as political guides, managers, commanders as well as watchmen of the groups of concubines. They even involved elevated places in the Islamic strict establishments and were additionally ready to impact state choices. Afterward, these advantages were taken out through regulation in the English period.[3]

 

Misconception about the term transgender

Transsexual isn't a term restricted to people whose privates are intermixed however it is a sweeping term of individuals whose orientation articulation, character or conduct contrasts from the standards anticipated from their introduction to the world sex. Different transsexual personalities fall under this classification including transsexual male, transsexual female, male-to-female (MTF) and female to male (FTM). It additionally incorporates drag queens (the individuals who wear garments of the other), orientation eccentric individuals (they believe they had a place with either the two sexes or neither orientation) nor transgenders.[4]

 

Recognition as third gender

The Supreme Court of India has recognized transgender individuals as the third gender, addressing discrimination and ensuring their rights. The court ruled that fundamental rights should be available to transgender individuals, treating them as socially and economically backward classes. The court provided equal rights and protection under Articles 14, 15, 16, and 21 of the Constitution, emphasizing the importance of dignity and the right to choose one's gender identity. The court also recognized the right to personal freedom and self-determination, stating that the gender to which a person belongs is to be determined by the person concerned. The court also protected one's gender expression, stating that no restriction can be placed on one's personal appearance or choice of dressing subject to restrictions contained in Article 19(2) of the Constitution. The court recognized the right to private behaviour, personhood, and the free thought process of the human being, which are necessary for the fullest development of the individual.

 

Types of Transgenders

Transgender isn't a term restricted to people whose private parts are intermixed, yet it is a sweeping term of individuals whose orientation articulation, personality or conduct varies from the standards anticipated from their introduction to the world sex. Different transsexual personalities fall under this classification including transsexual male, transsexual female, male-to-female (MTF) and female to male (FTM). It additionally incorporates drag queens (the individuals who wear garments of the other), orientation eccentric individuals (they believe they had a place with either the two sexes or neither orientation) nor transgenders. In India, there are many transsexual related personalities which incorporates the Hijras, Aravanis, Kothis, Jogtas/Jogappas, Shiv Sakthis.

1. Hijras: Hijras are natural men who reject their masculine persona to identify as either women or not-men. They have a long tradition and strong social ties through a custom called reet. They may earn through traditional work like Badhai, favoring new-born children, or moving in services. Some participate in sex work or work independently.
2. Aravanis and Thirunangi: Aravanis in Tamil Nadu are organic men who identify as women in male bodies, with some activists suggesting the term Thirunangi be used to describe them.
3. Kothi: Kothis are diverse groups of men with varying levels of womanliness, often from lower financial status, and some engage in sex work for endurance. Some Kothi-distinguished individuals may also identify as transsexual or Hijras.
4. Jogtas/Jogappas: Jogtas are individuals who work for the goddess Renukha Devi in Maharashtra and Karnataka. They are male workers and female workers, also known as Devadasi. They can become a Jogta if it's necessary for family custom or if a Master recognizes them as a Chela or Shishya follower. Jogti Hijras are male-to-female transsexuals who love Renukha Devi and belong to the Hijra people group.
5. Shiv-Shakthis:  Are men influenced by a goddess and have female orientation. They are enlisted by senior masters and are tied to a sword addressing male power or Shiva. They dress in drag and use socially implied decorations. Many have lower financial status and seek celestial prophets, diviners, and healers.

Right under the Constitution of India

The Indian Constitution guarantees equity for all residents, including social, financial, and political fairness. However, the previous state system, which only considered male and female, denied the third orientation rights such as voting, property ownership, marriage, and education. Transsexual individuals were denied these rights under Articles 14, 15, 16, and 21. The 2014 NALSA Judgment highlighted the importance of securing and protecting transsexual individuals' rights under these articles.
 

Article 14 provides equity under the watchful eye of the law, ensuring transsexual individuals are entitled to legal protection in all state movements. Article 15 restricts segregation based on religion, race, and sex, allowing transsexual individuals to protect their orientation through their clothing, activity, and conduct. Article 16 provides equal opportunities in public work, ensuring transsexual individuals have the right to work and not be separated based on their sexual orientation. Article 21 guarantees life and individual freedom, ensuring transsexual individuals have the right to protect their rights.

 

Health Care & Sanitation (Bathroom)

The medical care administrations for the transsexual individual does just alludes to the operation engaged with progress yet wellbeing alludes to a general condition of complete physical, mental, and social prosperity. Medical services likewise allude to a scope of essential and other medical services administrations which incorporates work, lodging and public acknowledgment of the transsexual individuals.

 

As the transsexual individual have experienced significant wellbeing aberrations and boundary to proper medical care administrations for a very long time had made them to endure melancholy, endeavoured self-destruction, viciousness, and provocation and, surprisingly, the HIV. To give them security and assist them with having a cheerful existence The Transsexual Individual (Insurance of Privileges) Act, 2019 states that administration ought to find legitimate ways to give medical services offices to transsexual individual and it ought to incorporate separate HIV reconnaissance focuses and sex reassignment medical procedures and Transsexual people ought to be given an exhaustive clinical protection. as transgender individuals have been utilizing open washrooms and locker rooms for decades. Arrangements that permit transgender individuals to utilize the proper bathroom—the lavatory that best matches the transgender person's identity—do not legalize badgering, stalking, viciousness, or sexual ambush. Those behaviours are, and will proceed to be, against the law for anybody, anyplace.

 

Hundreds of cities, school locale, and 18 states as of now ensure transgender people's right to utilize restrooms, and none have seen a rise in occurrences of individuals assaulting anybody or of individuals imagining to be transgender in arrange to urge get to restrooms.

 

Additionally, law requirement authorities and sexual ambush advocates in states and cities that as of now have trans-inclusive approaches in put have said over and over: the claim that these approaches cause security issues is foolish and totally wrong.

Forcing transgender individuals to utilize private or partitioned washrooms isn't the arrangement.

Advertising isolated or private washrooms could be a incredible way to guarantee anybody can feel comfortable when they go to the washroom, whether or not they're transgender. In any case, private bathrooms may be inaccessible or exceptionally badly arranged to get to. More vitally, constraining transgender individuals to utilize private lavatories when other individuals don't got to is separating and reinforces the thought that transgender individuals are some way or another hurtful and ought to be kept partitioned from everyone else.

 

Barring transgender individuals from open restrooms does not protect anyone's protection.
Parcels of individuals feel awkward in open restrooms, which was genuine long some time recently the current open wrangles about approximately get to for transgender individuals. Transgender individuals moreover need protection in lavatories, and they utilize the washroom for the same reason as everyone else to do their commerce and take off. Thankfully, bathrooms have slowed down entryways, so this isn't an issue. Rivals of break even with rights are employing a want for privacy—without examining what security really means—to hurt transgender individuals.

 

We will have beneficial and respectful conversations about how to create restrooms and locker rooms more comfortable for everybody, without making it about transgender individuals. Permitting transgender individuals to utilize the right lavatory does not cruel ladies will have to be share lavatories with men, or vice-versa. Transgender-inclusive approaches do permit for men's and women's rooms, and don't require gender-neutral lavatories. Instep, transgender-inclusive approaches permit all people—including transgender people—to utilize the lavatory that best matches their sex personality. Those who are living as ladies utilize the women's room, and those that are living as men utilize the men's restroom. For numerous non-binary individuals, figuring out which lavatory to utilize can be challenging.

 

For non-binary individuals, who do not recognize completely as either male or female, utilizing either the women's and the men's room might feel risky, since others may verbally annoy them or indeed physically assault them. Non-binary individuals ought to be able to utilize the restroom that they will be most secure in. Learn more almost non-binary individuals at Understanding Non-Binary People: How to Be Aware and Steady. Non-discrimination laws do not damage anyone's devout opportunity. Everyone—including transgender people—should be treated similarly beneath the law. Like all non-discrimination assurances, trans-inclusive approaches do not require anybody to change their devout convictions: they essentially guarantee that transgender individuals can live, work, think about and participate in open life concurring to their personalities.

 

Transgender people may have some legal protections, but still require solid and comprehensive non-discrimination laws and social acknowledgment to genuinely flourish.

 

Laws alone won't protect transgender individuals without expanded open mindfulness, blunt partners, and a society that values the respect of transgender individuals.[5]

 

Education & Employment Rights Related to Transgender

The schooling of transsexual individual is similarly significant like other male or female orientation however the social shame that transsexual individual countenances break their advantage and concentration towards their learning, and they foster a sensation of being kept away from, disregarded and shamed and the transsexual understudies are frequently denied being conceded in instructive establishment as the instructive foundation doesn't perceive their orientation characters. To safeguard their right, The Transsexual Individual (Assurance of Freedoms) Act, 2019 gives that the instructive foundation that are financed or perceived by government will give schooling, sporting offices and sports for transsexual individual without segregation.

 

Transgender individuals face workplace discrimination, including privacy violations, refusal to hire, and harassment, leading to unemployment and poverty. The transgender person protection act prohibits discrimination in employment, recruitment, and promotions.

 

In the Nangai v the Superintendent of Police case, a woman applied for a woman police constable position but underwent a medical examination that revealed her transgender identity. The superintendent terminated her, but the Hon'ble High Court upheld her right to choose a different gender identity based on the medical declaration, setting aside the termination order.

 

Property & Inhalation Rights for Transgenders

In India, there are numerous properties freedoms issue that is looked by transsexuals. Indeed, even they are not permitted to possess a property on lease. They in all actuality do have possession freedoms considering fairness as they treated as third orientation yet are they reserve any privilege to safeguard their property on the grounds that their legitimate right isn't a lot more grounded as contrast with other orientation paired. It is no place notice under Transsexual Individual (assurance of right) Act, 2019 nor is it referenced in Move Property Act 2019[6]. In the Transsexual Individual (security of right) Act 2019 established to put forth a fair attempt to safeguard their freedoms and to advance their government assistance as they are confronting separation on the grounds of schooling, clinical offices, medical care, development, admittance to great and administrations, decision of calling and so on. Fundamentally, the demonstration has sanctioned to seek freed of uncalled for treatment with respect to one side to dwell, buy or lease or generally possessed any property.

 

Under area 4(2) of the demonstration gives the right to self-saw orientation character. Segment 5 of the demonstration that a transsexual individual could be seen as third orientation (transsexual) by making an application to the Locale Justice for giving a certificated of way of life as a transsexual individual. Yet, there is a major escape clause in this act that it isn't managing any property privileges of transsexuals.

 

Property privileges are a pivotal part of deferential freedoms regulations. In any case, these privileges have routinely kept away from the transsexual local area because of the property heritage regulation in India being laid out in twofold sexual direction orders. For event, the Hindu Movement Demonstration of 2005 totally perceives male and female recipients and their orchestrate of movement.

 

For sure, the Indian Movement Demonstration of 1925, with its unbiased phrasing, shows orientation-based inconsistencies inside the orchestrate of movement. Transsexual individuals, notwithstanding encountering orientation reassignment medical procedure and redesigning their documentation, often stand up to hindrances in tying down in Legacy property because of predisposition and the inability to track down sensible replacements. While Uttar Pradesh made a stride towards advance in 2020 by giving Legacy privileges to transsexual individuals for rustic property, a more extensive upgrade of property regulations is basic to ensure full consistency in Legacy property.[7]

 

Rights of transgender persons bill, 2014

The Charge was presented in Rajya Sabha on 12th December 2014, which is passed on 24th April 2015 consistently, with cross-party back. This was a private member's charge presented by the MP from Tamil Nadu, Tiruchi Siva. 24th April is celebrated as Transgender day taking after the entry of the Charge within the Rajya Sabha.

 

The rights ensured beneath the Charge are generally substantive rights such as the proper to uniformity and non-discrimination, life and individual liberty, free discourse, to live in a community, judgment, alongside assurance from torment or pitilessness and manhandle, savagery and misuse. There's a partitioned clause for transgender children.

 

Instruction, employment and social security and wellbeing are moreover secured beneath the Charge. The chapter on instruction makes it required for the Government to supply comprehensive instruction for transgender understudies and give grown-up instruction to them.

 

With the business chapter, there are two partitioned clauses managing with definition of plans for professional preparing and self-employment of transgender people by the Government. There's a partitioned clause for non-discrimination against transgender people in any foundation – open or private.

Within the social security and wellbeing chapter, the Government is inquired to proliferate social security and wellbeing care offices which are to be given within the shape of isolated HIV clinics and free SRS. They should be given the proper to relaxation, culture, and amusement. Fundamental rights like access to secure drinking water and sanitation must be given by the government.

The Charge conceives setting up a few specialists and gatherings – National and State Commissions for Transgender People. The Commissions work will be mostly within the nature of inquiry or proposals within the irregularities within the application of the law or infringement of right of transgender people. The Commissions can issue summons to witnesses, receive prove, etc. There's punishment by way of detainment for up to a year for despise discourse against transgender individuals. 

 

Transgender Persons (Protection of Rights) Act, 2019

In 2014, the Preeminent Court of India conveyed a judgment taking after a composed request recorded by the National Legitimate Administrations Specialist (NALSA). This judgment, famously known as the NALSA judgment, was upheld by unmistakable transgender activists like Lakshmi Narayan Tripathi[8]. The judgment included mandates for the lawful acknowledgment of individuals with non-binary sex personalities and created social welfare plans such as reservations in State instructive teach and the open work division (Jain and Kartik 2020).

 

A commendable characteristic of this judgment was that it recognized the differing qualities and smoothness of sexual orientation characters one of a kind to India's territorial, social hones, and phonetic diversities (Chakrapani et al. 2017) and had a few positive impacts on gender-diverse communities. It sets a point of reference for the development and assurance of their sacred rights. On the heels of the NALSA judgment, came the primary act for gender-diverse people's rights. The part of parliament (MP) Tiruchi Siva, presented the Rights of Transgender People Act in 2014 (Aswani 2020). This adaptation of the Act was created in near collaboration with the gender-diverse communities and was passed collectively within the Rajya Sabha (upper house of the parliament of India).

The Serve for Social Equity and Strengthening (MSJE), following drafted parallel enactment in 2015 and welcomed comments for change from gracious society organizations and gender-diverse bunches (Semmalar 2017). Be that as it may, this enactment was never presented, and the MSJE afterward presented another piece of enactment, titled the 'Transgender People (Assurance of Rights) Bill' within the Lok Sabha (lower house of the parliament) in 2016. A striking disappointment was that this enactment was not comprehensive; it did not consolidate the criticism from the community-led discussions (Government of India 2015), in this manner drawing critical feedback from the LGBTIQ community[9] for abusing their human rights. For case, the Charge shown that a 'screening committee' would have the control to pronounce the sexual orientation character of a nonbinary individual (Sawhney and Grover 2019), which specifically goes against the rights of self-announcing one's gender identity, in infringement of one's right to respect and substantial independence.

 

The Bill's incorporation of intersex people inside the umbrella term of transgender was too criticized, as not all intersex people recognize as transgender people. In reaction to the dissents for stopping the Charge from passing, the Lok Sabha set up a Standing Committee and welcomed a few bunches such as human rights and sex activists to change it. Sampoorna Working Bunch (SPWG) worked with the Committee to meet the requests made by the gender-diverse bunches for corrections to the Charge (Jain and Kartik 2020). On 17 December 2018, the Lok Sabha passed a changed adaptation of the Charge with 27 amendments, including a change within the definition of a transgender individual. In 2019, this corrected Charge was announced as an Act with nine clauses and 23 subclauses. Fig. 1 summarizes the point of interest occasions within the pathway to the 2019 Trans Act and Table 1 highlights its imperative clauses.

Indeed although the current Trans Act makes the definition of 'transgender' more inclusive of other non-binary gender identities, the Act has pulled in a few reactions. The foremost imperative criticism is that it does not specify self-affirmation of sexual orientation, which straightforwardly contradicts the 2014 decision of the Preeminent Court of India that maintained the proper of all citizens to the self-determination of their sex personality. It unequivocally contradicts the NALSA decision by expressing that transgender people will got to apply for a sexual orientation confirmation certificate to the Area Officer, who will at that point allude the application to a District-Level (an authoritative unit in India) Screening Committee for assist execution and assessment.

Existing writing investigations the Trans Act taking after legitimate systems, whereas our article makes a novel commitment by examining the potential effect of the Act from the viewpoints of transgender and other gender-diverse communities. The most focus of this article is how legitimate changes and arrangements decipher to the regular lives of the individuals of the community; we look at their expectation and worries with respect to the current clauses included within the Trans Act, which has influenced their lives since 2014. This community-based approach is significant because it is as it were after countrywide challenges, where sex activists burn duplicates of the earlier Charge on the streets and conducted a few gatherings and marches, that the central government changed the neurotic definition of 'transgender' within the current form of the Act. Subsequently, LGBTIQ communities have effectively slowed down the rights damaging clauses some time recently and will proceed to assess the Trans Act through human rights, recognition, and strengthening lenses. Protest gatherings were already being conducted over the nation against this act, which was passed many months some time recently we began our information collection for this article in December 2019 (see Area 2 for subtle elements). It is vital to get it the accomplishments and reactions from the viewpoints of community individuals for overcoming the obstructions that confine execution of legitimate rights within the ordinary lived encounters of non-binary individuals over regulation spaces (such as family, work put, education, and healthcare).

 

Conclusion

Transgender individuals face limited access to education, healthcare, and public places, denying them the constitutional guarantee of equality before law. Property rights in India are often overlooked by the transgender community due to the two-sex classifications in the Hindu Progression Act of 2005[10][11] and the Indian Progression Act of 1925[12]. Despite gender-reassignment surgery and documentation improvements, transgender individuals often face barriers in inheritance property rights. The rights ensured beneath the Charge are generally substantive rights such as the proper to uniformity and non-discrimination, life and individual liberty, free discourse, to live in a community, judgment, alongside assurance from torment or heartlessness and manhandle, savagery and misuse. With the business chapter, there are two partitioned clauses managing with definition of plans for professional preparing and self-employment of transgender people by the Government.

 

There's a partitioned clause for non-discrimination against transgender people in any foundation – open or private. The judgment included mandates for the lawful acknowledgment of individuals with non-binary sex personalities and created social welfare plans such as reservations in State instructive teach and the open work division (Jain and Kartik 2020). On the heels of the NALSA judgment, came the primary act for gender-diverse people's rights. This adaptation of the Act was created in near collaboration with the gender-diverse communities and was passed collectively within the Rajya Sabha (upper house of the parliament of India). Be that as it may, this enactment was never presented, and the MSJE afterward presented another piece of enactment, titled the 'Transgender People (Assurance of Rights) Bill within the Lok Sabha (lower house of the parliament) in 2016. For case, the Charge shown that a 'screening committee' would have the control to pronounce the sexual orientation character of a nonbinary individual (Sawhney and Grover 2019), which specifically goes against the rights of self-announcing one's gender identity, in infringement of one's right to respect and substantial independence.

 

In reaction to the dissents for stopping the Charge from passing, the Lok Sabha set up a Standing Committee and welcomed a few bunches such as human rights and sex activists to change it. On 17 December 2018, the Lok Sabha passed a changed adaptation of the Charge with 27 amendments, including a change within the definition of a transgender individual. Indeed, although the current Trans Act makes the definition of 'transgender'[13] more inclusive of other non-binary gender identities, the Act has pulled in a few reactions. Existing writing investigations the Trans Act taking after legitimate systems, whereas our article makes a novel commitment by examining the potential effect of the Act from the viewpoints of transgender and other gender-diverse communities. The most focus of this article is how legitimate changes and arrangements decipher to the regular lives of the individuals of the community; I am looking at their expectation and worries with respect to the current clauses included within the Trans Act, which has influenced their lives since 2014.

 

This community-based approach is significant because it is as it were after countrywide challenges, where sex activists burn duplicates of the earlier Charge on the streets and conducted a few gatherings and marches, that the central government changed the neurotic definition of 'transgender' within the current form of the Act. Subsequently, LGBTIQ communities have effectively slowed down the rights damaging clauses some time recently and will proceed to assess the Trans Act through human rights, recognition, and strengthening lenses.

 

Suggestions

• All the laws should be the same for them, like for example inherited property rights, etc should be there for them as well.
• Education system and more systems like government exams and all happen in a format like in Lok Sabha there are reserved seats for General, SC (Scheduled Castes), ST (scheduled Tribes) and OBC (Other Backward Class) then why can`t we have reserved seats for them, in our education system also, we have reserved seats for all the categories then why not for them as they are a part of our society and now Tho we also accept them as third gender then why not give them equal rights and equal reserved seats like us.
• We can have useful and aware discussions about how to make bathrooms and storage spaces more agreeable for everybody, without making it about transsexual individuals.
• There should be amendments made in our law like wheresoever it mentioned he/she, boy/girl, him/her should be change and should be for all genders.
• We should have uniform civil code applied (one law for all)
• Our laws should not be gender bias like for example rape Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped or is of unsound mental health and in any case, if she is under 18 years of age." Whereas in today’s time rape can be with any one male, female and trans. So, I feel we should have amendments in our laws and make them gender neural.
• We should Look for the application of bill 2019 as we did make some good changes through the bill but are the really applied.

 

References

1. Research Papers Raeford

1. PROPERTY RIGHTS FOR TRANSGENDERS COMMUNITY IN INDIA BY: GOURIKA AGANPAL
2. WELFARE OF TRANSGENDER PERSONS IN INDIA: SLEW OF MEASURES BY CENTRAL GOVERNMENT IN LAST THREE YEARS

 

1. Journals Referred

1. Human Rights Practice, Volume 14, Issue 2
2. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS 

 

1. Judgments Referred

1. NALSA vs. Union of India (2014): The Supreme Court ruled that transgender people should be recognized as third gender and must be allowed to enjoy all the Fundamental Rights.
2. Navtej Singh Johar v. Union of India (2018): Section 377 provides punishment for unnatural offences, and this impediment was used as an instrument to harass them. Due to their relatively insignificant numbers, they were less noticed. However, the Supreme Court, in this case, decriminalized the so called “unnatural offences” under the Section.
3. Jayalakshmi v. State of Tamil Nadu highlights the challenges faced by transgender individuals in India.
4. Jasmine Kaur Chhabra vs. Union of India (2021) A final year Law student, Jasmine Kaur Chhabra, approached the Delhi High Court, seeking its directions to the Central Government for making provisions for separate public toilets for the third gender.
5. Nangai v the Superintendent of Police A woman applied for a woman police constable position but underwent a medical examination that revealed her transgender identity.

 

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[1] https://www.legalserviceindia.com/legal/article-7179-property-rights-of-transgender-community-in-india.html

[2] https://lexpeeps.in/transgender-property-rights/

[3] Transgenders in India- History of community, Types and laws applicable to them - TheLawmatics

[4] What are the Rights of Transgender in India - iPleaders

[5] Transgender People and Bathroom Access | National Center for Transgender Equality (transequality.org)

[6] A1882-04.pdf (indiacode.nic.in)

[7] PROPERTY RIGHTS FOR TRANSGENDERS COMMUNITY IN INDIA BY: GOURIKA AGANPAL (ijlra.com)

[8] Laxmi Narayan Tripathi

[9] Lesbian, gay, bisexual, transgender, and queer community

[10] Hindu-Succession-Amendment-Act2005.pdf (latestlaws.com)

[11] sucession.pdf (ecourts.gov.in)

[12] A1925-39.pdf (legislative.gov.in)

[13] The Transgender Persons (Protection of Rights) Bill, 2019 (prsindia.org)