“Gender is not merely a biological classification but a deeply personal identity, and the recognition of third gender and LGBTQ+ rights marks a crucial step toward substantive equality in a constitutional democracy.”
Abstract
This paper critically examines People usually think of gender as male and female.. This way of thinking does not consider the experiences of people who do not fit into these two categories. These people are often called the gender or transgender people.
In India there has always been a lot of variation in how people express their gender. You can even find examples of this in stories and legends like the story of Shikhandi in the Mahabharata. Gender diversity has been a part of culture for a very long time. The gender and transgender people have been around for thousands of years, in India. People who are gender have been recognized for a long time. However third-gender persons still face a lot of problems. They are treated unfairly and third-gender persons are not given the rights as everyone else. This has been going on for a long time especially since the colonial period and even, after that. Third-gender persons have been excluded from society and third-gender persons are not treated equally.
This paper looks at the status of the third gender in India. It does this by looking at the constitution, social rules and international human rights. The paper sees how the law in India has changed over time. It used to be that the third gender was treated badly and ignored. Now the law says they are a group. This change happened a lot after a court decision in National Legal Services Authority v. Union of India in 2014[1]. This decision said that transgender persons are a gender and they have basic rights like everyone else. The third gender, in India is now recognized by the law and the third gender has rights that are protected. The paper also looks at the Transgender Persons Act of 2019 [2]carefully. It talks about what the Transgender Persons Act does and what it does not do well. The Transgender Persons Act has some problems with how it’s put into action and how people get certified. The paper also points out some issues, with how the Transgender Persons Act’s enforced.
The study looks at how third-gender persons doing in India right now. It checks how they are treated in areas like going to school getting care finding a job having a place to live and taking part in politics. The study also sees how India is doing compared to what other countries doing. This includes following rules like the Yogyakarta Principles. It also looks at what the UN Human Rights Council says about treating people and the Sustainable Development Goals that are important for everyone. The study wants to know how third-gender persons, in India are doing in all these areas. The paper concludes by suggesting a way forward through legal reforms, policy changes, and social sensitization to ensure dignity, equality, and meaningful inclusion of third-gender persons in Indian society.
Keywords:Third Gender; Transgender Rights; Gender Identity; Indian Constitution; NALSA Judgment; Transgender Persons Act, 2019; Human Dignity; Equality.
Introduction
India has a lot of people who do not identify as male or female like transgender people and non-binary people. These people live in a country where the law says everyone is equal. This does not always happen. The law of India says that every person is treated equally and has the rights. This means that everyone has the right to be treated fairly to say what they think and to live their life freely. The Indian Constitution says that every person has these rights, including the right to be treated under the law the right to not be treated unfairly the right to express themselves and the right to live their life. Indias law says that transgender people and non-binary people have the rights, as everyone else and they should be treated the same. The Supreme Court made it very clear that transgender people have rights in the National Legal Services Authority v. Union of India case[3]. Transgender people were officially seen as a group, known as the third gender and they were given all the basic rights that everyone else has[4]. The court said that transgender people are fully entitled to these rights just like everyone else and that is a very important thing, for transgender people. The rights of third-gender persons are supported by human rights standards as well as domestic constitutional protection. International human rights standards, like the ones from the UN Human Rights Council are important. The UN Human Rights Council has resolutions and the Yogyakarta Principles that say sexual orientation and gender identity are important for dignity and equality. These are important because they say that treating people unfairly because of their gender identity is wrong and goes against rights. The Yogyakarta Principles and the UN Human Rights Council resolutions obligate states to make third-gender persons, including transgender persons are recognized and protected by the law. International human rights standards, including the ones from the UN Human Rights Council require states to include third-gender persons, like transgender persons in all aspects of life. This means international human rights standards support the rights of third-gender persons and transgender persons. The life of third-gender persons in India is still tough. They face a lot of problems because people do not accept them. This is because of deeply held beliefs that people have. As a result third-gender persons in India have a time getting an education seeing a doctor getting a job finding a place to live and taking part in public life. Even though the law says they have rights people do not always treat them fairly. The law has not changed the way people think about third-gender persons, in India. They still have to fight for their rights to be respected. Against this backdrop, this paper examines key concepts and terminology, explores historical perceptions of gender diversity from ancient India to the colonial era, analyses constitutional and legal developments including the Transgender Persons (Protection of Rights) Act, 2019, evaluates the present socio-legal status of third-gender persons, and situates Indian law within global human rights frameworks. The paper ultimately proposes legal and social reforms aimed at achieving real equality and dignity for third-gender persons in India.
[1](2014) 5 SCC 438.
[2]ACT NO. 40 OF 2019
[3] Supra note 1
[4]https://www.hrw.org/news/2018/06/06/south-asias-third-gender-court-judgments-set-example#:~:text=In%20India%20in%202014%2C%20the%C2%A0Supreme,other%20than%20male%20and%20female