The Socio Legal Status of the Indian Transgender Community

  • Ritik Kumar Ray
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  • Ritik Kumar Ray

    Student at NMIMS, KPMSOL, Navi Mumbai, India.

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Abstract

Transgender individuals have been an integral piece of the Indian culture for quite a long time. There is recorded proof in the form of Hindu folktales, epics and early Vedic and Puranic literature since ancient India acknowledging the "third sex" or people not affirmed to a male or female sex, i.e., the idea of "Tritiyaprakriti" or "Napumsaka". The downshift was caused due to the presence of the Britishers in India during the 19th century. It is extremely unfortunate to see people criticising and disregarding humans on the basis of their gender or sexuality. The reason cited, such as sexually deviant and mentally sick and "not worthy", gives us an idea of how the Indian society has a double standard attitude when the same transgenders are invited to the home to bless baby boys. The Indian lawmakers took years to ignore the basic human rights violation that was occurring and understand their plight and give them a sense of respect and individuality in the world. This paper explores the social life of the Indian Transgender Community, where their equation with family and society at large has been studied and analysed and how religion and caste system plays a part in that with the help of various primary data and doctrinal sources. Also, the historical evolution of the laws made for the Transgender community has been critically analysed, considering the main issue that has been underlined and the need to uphold rights from the transgender's perspective. It is imperative to mention the magnitude of trauma, anxiety and depression that takes a toll on a human mind. Despite limited resources, the author has collected and presented the topic in a true and sensitive manner.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1601 - 1625

DOI: https://doij.org/10.10000/IJLMH.112651

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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