Rights of Transgender: The New Emerging Field of Law

The term " Transgender" is multi-faceted and complex, especially where consensual and precise definitions have not yet been reached. While often the best way to find out how people identify themselves is to ask them, not all persons who might be thought of as falling under the transgender 'umbrella' identify as such.Transgender can also be distinguished from intersex, a term for people born with physical sex characteristics "that do not fit typical binary notions of male or female bodies.Transgender persons are people whose identities are different from the stereotypical gender norms, which identify genders only as male or female. Society has failed to accept their gender identity due to which they have suffered from discrimination, social oppression and physical violence. There are certain socio-cultural groups of transgender people who are identified as Hijras, jogappas, Sakhi, Aradhis etc. and there are people who do not belong to any of the groups but are referred to as transgender person individually. Looking back, the history of recognition of the preferred transgender persons has been, and remains, a battle against discrimination, stigmatisation, social exclusion, anxiety, pain and suffering, violation of dignity and physical integrity, and sometimes even prosecution and persecution. While the legal and social situation of transgender persons has improved greatly in many jurisdictions, that certainly is not the case globally. This article aims to make a contribution to the ongoing scholarly and political debates concerning the legal status of transgender persons, both inside and outside of potential legislative reform processes. It is also meant to function as a resource for judicial and administrative decisions. It is hoped that a better legal standard of recognition and protection for the Transgender persons can be achieved at the outset. In order to achieve this, the article will make recommendations on the criteria for legal recognition of preferred gender which are based on the general policy and human rights considerations.