Appropriating ‘Right to Livelihood’ of the Third Gender

Dr. Ambily P & Adv. Ajoy Jose
Research Associate, National University of Advanced Legal Studies,
Kochi, Kerala, India

Volume I, Issue IV, 2018

‘Transgenders’ are referred as individuals of any age or sex whose appearance, personal traits, or behaviours dissent from stereotypes. Their identity or behavior falls outside the purview of stereotypical gender norms. In this manner, it can be derived that it is community generated. The Constitution of India mandates right to equality as a fundamental right and any form of discrimination is considered as an anti thesis of the same. The Constitution also ensures right to privacy and personal dignity. In spite of the constitutional affirmation of fundamental rights and equality in all spheres, it is to be noted that the third gender continues to be ostracized. Different facets of such deprival refers to infringement of right to marry, right to claim an identity, right to education, employment, and so on. This leads to their seclusion from the very fabric of civilized society and are subjected to many forms of harassment. Major scenario of discrimination faced by the community is in the matter of employment. This paper explores the different facets of discrimination faced by the transgender community in India.


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