The transgenders struggle, for rights

The transgenders struggle, for rights

**Author – Pranali chintaman Padwe student of RTMNU’S Dr. Babasaheb Ambedkar college of law main branch Nagpur 

Introduction: 

India is a country of diversity. It has various types of society and peoples. Individuals born as a human but society structures them as a gender. On normal parameters people can easily categories individuals as a male and female but identity of transgender is one of the major issue. Equality should stands in every sphere of life without any discrimination which creates a healthy society. In 2019 THE TRANSGENDER PERSONS’ (PROTECTION OF RIGHTS) ACT, created by the government of India to mitigate discrimination among the transgender people. But here the main problem is, society does not accept transgender as a part of their society, so it is important to have equality among them and remove discrimination, and for this transgender people are struggling a lot. 

The struggle of transgender people

National Legal Service Authority (NALSA) v. Union of India 2014

In case of NALSA v. Union of India the Supreme court of India held state that every person is equal whether is it male female or transgender, and discrimination create by society violate their Article 14 ( equality before law and equal protection of law) and Article 21( right to life and personal liberty) of the constitution of India. Transgender should be recognised as a third gender. 

Decriminalization of section 377 of Indian penal code

The main contrary is that Section 377 does not recognize the term transgender. In the case of Navtej Singh Johar v. Union of India Supreme court of India held that section 377 of IPC violates the article 21 of the Indian constitution as the right to choose sexual partner also comes under the right to life and personal liberty of individuals. On this ground section 377 declared as unconditional. 

Problem faced by transgender people

Social marginalization: As society does not recognised them as a part of society and they have to faced the marginalization at every stage of life

Non acceptance of family: Not only society but also the family of individual are not like to accept their child as a transgender and they become homeless 

Stray from the path: most of the transgender people are homeless and they are searching for a good life and lifestyle for this they accept any path , sometimes good but most of the time bad. And by their behavior society considers them as a wrong doer. 

Conclusion: Law born from the womb of the society, and till society does not accept anything it can’t to say that the actual law because its actual application cannot be done. The transgender people are considered as a third gender by the supreme court of India despite this they face large  discrimination at every stage of life. 

Suggestions : 

• To uplift the conditions of transgender people society needs to accept them and remove the margin between them

• Before the society, family members should accept their child with their actual appearance

• Along with others transgender people also have to make efforts for themselves in an right way as they have to choose good career options only

• Government also have to create good scheme for transgender people

• Government have to provide reservation for transgender in every sector

Reference

National Legal Service Authority NALSA v. Union of India AIR 2014 SC 1863

Navtej Singh Johar v. Union of India 2018 INSC 790