Position of Transgender in India: Primitivism to Post Modernization

  • Shubhangi Gupta and Khushi
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  • Shubhangi Gupta

    Student at Banasthali University, Jaipur, India

  • Khushi

    Student at Banasthali University, Jaipur, India

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“Let it be male, female or third gender,
All have to live happily together,
Leaving all ongoing unfair practices,
Society has to eradicate all those tactics.”

Apart from the male and female gender, there is recognition of the third gender. These are people who identify themselves opposite to their biological sex. From the very beginning, they often came across with different names like Hijras, Eunuchs, Kothis, Aravanis, Jogappas, etc. Somewhere they have been treated very loyally even somewhere kept as royal servants and bodyguards at Queen’s place. However, during British Colonial Rule they have been declared as a criminal tribe. When we come, across the present situation, transgender is often treated as untouchables and also they live in absolute poverty because of the limited source of earning their livelihood, they started trading with their uneasy feeling. The government of India took numerous measures to counterbalance the position of transgender in India. Despite it, they are facing plenty are often ridiculed and abused in public places, workplaces, railway stations and where they are found. Many petitions were filed asking for legal status (TG community), to provide free legal services to the weaker and the marginalized section of the society(National Legal Service Authority), recognition as the third gender (claimed by Laxmi Narayan Tripathy), legal protection and socio-economic benefit(by Kinnar community), access to education, healthcare, constitutional guarantee to equality before la. The initiative was taken by Denmark and Argentina to grant recognition to the LGBT community. Our society has a Transphobic attitude, which reflects the biases towards them. Everyone is born with a sexual orientation, which gives them an identity. This states the fact that gender is inherent from birth and there should be no discrimination in this regard. Society has to evolve according to a present need. The paper seeks to answer the problem faced by transgender even after the Bills related to the protection of transgender were passed. The purpose of this study is to present a critical analysis of the Bills passed on for the protection of transgender and their loopholes, also a systematic review of transgender from the very beginning to the present era, challenges faced by them from THEN TO NOW.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1480 - 1486

DOI: https://doij.org/10.10000/IJLMH.111477

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