Rights of Adoption of Transgenders

Nitish Mahajan
Chandigarh University

Volume III, Issue III, 2020

“Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words ‘Justice – social, economic and political’.Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words ‘Justice – social, economic and political’.[1]” When our country got independence we decided to promise every Indian a life which was filled with dignity, offered equality to all, and promised development in all aspects of life. A happy family is a part of what one can call living life with dignity. It was through a dream for a lot of people. These were the people belonging to the LGBTQ. Especially people belonging to the transgender family. One of the most distinctive features of our constitution is that it says no to any form of discrimination. This helps in establishing a system which gives an equal opportunity to every citizen to grow, to reach the highest point of their potential. Our constitution in its article says that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India[2].” Justice KS Radhakrishnan while giving judgment in the historic case of NALSA vs Union of India case said that “Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue[3].” Our Supreme Court has continuously tried to bring changes in society. Few of these historic changes were made in two very important cases. The first one was the NALSA vs Union of India and the other one was Navtej Singh Johar. These were just starting steps for a big and necessary change. There are still many new changes that our society needs to adapt to. One such change is the adoption rights of transgenders.

 

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