In The Wake Of Equality – The Realization of The Rights of Transgender Persons in India

Abstract

The right to recognition as a person before the law is guaranteed in numerous international human rights conventions, and is a fundamental aspect of affirming the dignity and worth of each person. Legal gender recognition is also an essential element of other fundamental rights including to privacy, to freedom of expression, to be free from arbitrary arrest, and rights related to employment, education, health, security, access to justice, and the ability to move freely. The transgender community in India were an ignored segment of the society and faced deep and pervasive discrimination, despite protection under various provisions of the Constitution. In April, 2014, Supreme Court in its landmark judgment of NALSA v. Union of India (hereinafter the NALSA judgment) ushered in the recognition of various civil and political rights of the transgender community. The genesis of this recognition lies in the acknowledgment of equal worth of every person and the right of choice given to an individual which is the inseparable part of human rights. This article understands the terminology ‘transgender’ in Indian context by assessing the interpretation of the hon’ble Supreme Court of India in various judgments. Further, it studies the process of recognition of the rights of the transgenders in India inclusive of a timeline from past to present. Thereafter, this article elaborates the gains of the transgenders in India from the beneficial legislations enacted for their upliftment and emphasizes on the Transgender Persons (Protection of Rights) Act, 2019.