TRANSGENDER RIGHTS IN INDIA: THE THIRD GENDER:
BY PRACHI
Introduction
Male /Female/Transgender. Now they don’t have to suffer from gender identity. They can know their sense of self and place in the country. A Transgender person means “a person whose gender does not matches with the gender that was assigned to them at their birth but they are the persons with intersex variation and genderqueer”. They have been given some weird names like ‘hijras’, ‘Chakki’, ‘Eunuch’. People of the society didn’t consider them as human beings and treated them as untouchables. They have been the victim of discrimination, social oppression, and physical violence for a long time because of their gender and it persists now also.
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This article deals with the rights of transgender people in India as they also have the right to be recognized and also entitled to legal protection under the law. These people are also citizens of our country and also have the right to live with respect and dignity. Our constitution provides rights for them as well and to protect their rights, the Government of India has enacted The Transgender Person (Protection of Rights) Act, 2019.
Rights under Indian Constitution
Our constitution provides its citizens the right to live with dignity, freedom, and equality. The Constitution provides certain fundamental rights to all its citizens to safeguard their interests so that they can live a quality life. Transgender people were deprived of these basic rights. Certain basic rights under Articles14, 15, 16, and 21 were questioned by these people. The Supreme Court in NALSA judgment recognized transgender as the third gender, emphasized protecting and safeguarding the rights of transgender people.
Article 14 includes equality before the law or the equal protection of the laws within the territory of India. It states any person so it includes transgender as well.
Article 15 states that there shall not be any discrimination based on caste, religion, sex, race, etc. third gender also comes under this as these people cannot be discriminated based on gender otherwise it will lead to the violation of their fundamental right.
Article 16 provides that everyone should be treated equally relating to public employment. There should not be any discrimination in appointment or employment to any office under the State. Transgender people also have the right to get an opportunity in public employment and they should not be discriminated in the basis of gender or sex.
Article 21 states that no person shall be deprived of life and personal liberty except according to the procedure established by law. Person includes every citizen of the country, so transgender people are also included and they also have the right to live with dignity and personal liberty.
The Transgender Person (Protection of Rights) Act, 2019
The basic aim of this act is to provide transgender people a dignified life by eliminating discriminatory attitudes and safeguarding their interests. The way Male and females are entitled to all fundamental rights, the same way Transgender people should also be entitled.
This act prohibits discrimination against transgender people in employment, education, health care facilities, etc. It states that every educational institution funded or recognized by the appropriate Government shall provide education and opportunities for sports, recreation, and leisure activities to transgender persons. The appropriate Government should also formulate welfare schemes for their vocational training and self-employment. They should also get proper health care facilities, be allowed access to any hospital or health centers, provided with a comprehensive insurance scheme to cover medical expenses for Sex Reassignment Surgery, hormonal therapy, laser therapy, or any other health issues.
Through this act, the Government also formulated certain transgender sensitive, non-discriminatory welfare measures and policies. For instance, National Council for Transgender Persons is established to recommend the government with respect to making and supervising the policies and reparation of the grievances of transgender persons. One of the main features of this act is that they are provided with a unique Certificate of identity to have their self-perceived gender identity. The government has also made an effort to make the infrastructure transgender-friendly by providing unisex toilets, hygiene products, etc.
This act also has provisions of punishment to the people involving in any kind of discrimination, violence, abuse, ill-treatment towards transgender people. According to law, if anyone forces trans people to leave household or nay place, or compels any forced labour or bonded labour, This act purely aims to provide these people a dignified and normalized lifestyle, or causes any injury or harm to their life shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
Conclusion
Transgender people have been suffering from discrimination, social stigma, and violence since forever. To provide them a normal lifestyle like other genders and to protect their interests, the Government of our Country is making policies and taking effective measures. Through, The Transgender Person (Protection of Rights) Act, 2019, the Government mainly aims at eliminating discrimination, treating them fairly, and giving them equal status in society. The government is making new laws or amending existing laws relating to education, health, employment, marriage, social security, adoption, etc for transgender people. Lastly, I will conclude by saying that we should all treat them like normal human beings. They are also god’s creation and no different.