EXPLORING THE RIGHTS OF THIRD GENDER IN INDIA WITH SPECIAL REFERENCE TO THE CONSTITUTION OF INDIA
Jyoti Poonia Poonia
Paper Contents
Abstract
The legal recognition of gender plays a crucial role in determining an individual's entitlement to various fundamental rights such as privacy, freedom of expression, protection from arbitrary arrest, employment, education, health, security, access to justice, and freedom of movement. Notwithstanding the constitutional safeguards, the transgender community in India has been subject to neglect and oppression. In April 2014, the Supreme Court of India delivered a judgement in the case of NALSA v. Union of India, which granted civil and political rights to individuals who identify as transgender. This statement of acknowledgement is based on the understanding of the intrinsic value of every individual and their entitlement to exercise their own autonomy, both of which are essential components of basic human rights.The present academic investigation examines the advantages that transgender individuals in India have gained as a result of policies that support their rights. The significance of the Transgender Persons (Protection of Rights) Act, 2019 is underscored. Acts of molestation, eve-teasing, criminal force, acid attacks, and other forms of violent crimes continue to inflict harm upon their victims. The constitutional rights of transgender individuals in India will be examined. The present study analyses the manner in which India, as a developing country, has addressed the issue of transgender rights. Merely enacting laws will not suffice to address the needs and challenges faced by individuals who identify as transgender. The success of legislation pertaining to trans-sexual individuals may be contingent upon the level of societal support.
Copyright
Copyright © 2025 Jyoti Poonia. This is an open access article distributed under the Creative Commons Attribution License.