Transgender Rights in India

By- Ms. Srishti Shailesh Singh, Law Student, Kirit P.Mehta School of Law

Abstract:

Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations. Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity. The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities. Transgender Indians endure discrimination in all aspects of life owing to their sexuality.

Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations. Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity. The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities. Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations.

Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity. The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities. Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations. Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity.

The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities. Transgender Indians endure discrimination in all aspects of life owing to their sexuality. Transgender persons are born with human rights, yet society mistreats them and prevents them from achieving their aspirations. Transgender rights and human rights must be balanced because the Indian Constitution guarantees everyone the right to life and dignity. The public healthcare system's ability to treat transgender people should be one of the nation's top research priorities.

Keywords- Transgender, Healthcare, Discrimination, Rights

Introduction:

Basic human rights are intended to be granted to all without discrimination based on gender, religion, class, or other considerations, and if they are not, the impoverished society will experience atrocities and suffering. Transgender people are one such group who are discriminated against in all facets of life because of their sexual identity and orientation. To continue with full-fledged prejudice, the notion that sex identity is completely natural is neglected and dismissed. The term "transgender" refers to people whose sexuality and orientation differ from those of the two quantitatively dominant genders. Despite the fact that transgender people are entitled to their human rights by birth, our society abuses them inhumanely, denying them access to their rights and prohibiting them from attaining their goals. Because this group of people is not well-liked, they are denied basic rights and social position in both their families and society. In India, transgender persons are barred from participating in social and cultural events, political debates, and other activities. Transgender people are vulnerable since the scope of different legal safeguards is limited, limiting social assistance, healthcare, education, and access to products and services. Since ancient times, transgender people have lived in every civilization, nation, culture, and socioeconomic class, but their rights have only recently been recognised. On April 15, 2014, India's Supreme Court took a big step forward when it announced a landmark judgment recognizing transgender people as the "third gender." In the National Legal Services Authority judgment, the Supreme Court recognized transgender people's legal and constitutional rights as a "third gender." This judgment focuses on the legal recognition of the transgender population and defines the difference between gender identity and sexual orientation. Both of these organizations are dealt with by the court, but only the transgender one. The court responds to two key questions. The first step in facilitating legal rights for hijras and similar cultural identities is to recognise a third gender category. The second point is that transgender people should be able to legally identify as the gender of their choice, whether that is male, female, or a third gender category. In the operative section of the decision, the court stated that hijras and eunuchs should be treated as a "third gender" in order to preserve their fundamental rights. Transgender people also have the right to determine their gender identity, according to the Court.