History Of Transgender In India

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Transgender in India: Are the times really changing?

While most societies only acknowledge two categories of gender—man and woman—numerous cultures identify other genders too, and certain persons may identify as neither male nor female. The term “Transgender” is an all-encompassing term for individuals whose gender identity, gender expression or behavior does not match their biological sex assigned to them at birth. It also includes individuals who do not identify themselves as neither male nor female; a ‘third’ gender.

The concept of a third gender or tritiya prakriti / napunsaka has had a substantial historic presence in India, the proof of which can be seen in Hindu Mythology and Vedic and puranic literature. There is a mention of the …show more content…

The absence of laws in India giving legal recognition the Transgender Community didn’t only subject them to inequality and discrimination, but also deprived them of their status as a legal person. Since recognition by the law as a “Legal Person” is the inception of rights and duties, it is imperative for this community to get legal recognition of their gender in order to freely enjoy their rights and liberties as a citizen of India.
The judgment of the Apex Court in the case of National Legal Services Authority v. Union of India and Others has attempted to affirm the transgender community their fundamental rights given in Part III of the Indian Constitution. The Court upheld the right of Hijras/Eunuchs who comes under the category of ‘Transgender Community’ to self-identify their gender and observed that the government must grant legal recognition of a ‘third gender’ even in the absence of any existing statutory regime. “Recognition of transgender as a third gender is not a social or medical issue but a human rights issue,” Justice K.S. Radhakrishnan told the Hon’ble Supreme Court while handing down the ruling. Various directions were issued by the Court to the Central and the State governments, ranging from granting legal recognition to persons’

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