Disenthrallment of Gender Crisis in India: A Discourse on Transgender Rights​​

Dr. Sonia B. Nagarale
Assistant Professor at Department of Law, Savitribai Phule Pune University, Pune, India.

Volume IV, Issue I, 2021

An age of civil and sexual rights is the 21st century. Developments around the world over the past 18 years reflect a growing acceptance of sexual orientation and gender identity rights. The enigmatic unknown world of Eunuchs, best known as Hijras in India, lies far and above the world of education and global social justice. There is still a mystery to the truth of their life and their omnipresence in Indian society is inevitable. Since ancient times, they have always remained an integral part of Indian society. Unfortunately, nevertheless, their existing state of life has been reduced to abject poverty, illiteracy, hate and ridicule. Curiously, while the whole world is engulfed in gay and other homosexual rights and legislation, the Hijras still exist in the shadow of denial of any universal right to freedom and education. Only because of their odd appearances have they been the focus for research and study. The world as a whole has forgotten that, like anyone else, they are human beings too and have equal rights. People’s pessimistic attitudes and their alienation from society have left them with little chance. The Indian government has granted few rights to them like the right to vote, but without any access to education, they face a bleak future. This paper is an attempt to critically evaluate the NALSA judgement and have a discourse around the aspect of discrimination and gender identity in reference to transgenders in India.

Keywords: Transgender, discrimination, gender crisis, NALSA judgment.​

DOI: http://doi.one/10.1732/IJLMH.25838