Rights of the transgender persons in India

National legal services authority (NALSA) VS Union of India famously known as the NALSA case has a huge implication on the right of transgenders and set forward a very progressive landmark judgment by the Supreme Court Of India.

Judgment of the Supreme Court in the NALSA Case

• Legal recognition

The court has directed the Center and the State Government to recognize the transgender as the third gender, the court also clarified that the fundamental rights are equally available to the third gender as they are available to males and females in the country.

• Constitutional Rights

The apex court briefed that non-recognition of their gender identity violates Articles 14, 15, 16, 19, and 21 of the Constitution of India.

• Self-Identification

It is the right of all the person to self-identify their gender and no third-gender person should be subjected to any medical examination or biological test which could lead to harm to their privacy as said by the court.

• The distinction between biological sex and psychological sex

The Supreme Court made a very progressive judgment by rejecting gender identification based on biological sex and gave full importance and acceptance to identification based on psychological sex.

• Socio-economic rights

Transgenders are also entitled to reservation in educational institutions and public employment as they are considered socially and educationally backward classes.

• Stigma and public awareness

It is the responsibility of the Central and the State government to take steps to create public awareness to incorporate transgenders as part of society equally dignified and respected as other genders and end their untouchable treatment of them.

The problem such as fear, shame, social pressure, depression, and suicidal tendencies has to be removed by the government.

• Ensuring Basic amenities

The apex court also directed the Centre and State Governments to operate separate HIV Zero-Surveillance Centres, separate public toilets, and appropriate medical care in hospitals for transgenders.

Significance of the judgment

• It is the first case to legally recognize non-binary gender identity and also uphold the fundamental right of transgender people.
• Due to a lack of recognition of their gender identity, they were not given access to education, health care, and even public places and face huge discrimination so this judgment will provide them all the basic right as well as a dignified life.
• The broader definition of transgender was also given, and the person whose gender identity, gender expression, or behaviour did not conform to their biological sex will also be included in the third gender.
• This judgment also recognizes the Yogyakarta principles which is a document about human rights protections to gender identity, sexual orientation, and the LGBTQ community.
• The judgment aligns with the United Nation’s Article 6 of the Universal Declaration of Human Rights,1948 which provides protection and promotion of sexual minorities, including transgender persons.???????

Challenges faced by Third Gender

• They face huge discrimination in an educational institute, in employment, and within their families which affects their overall wellbeing.
• They are forced to identify with a gender with which they are not associated despite the government passing the Transgender Persons (Protection of Rights) Act 2019, which allows the community to right to choose their gender identity.
• Social stigma is a major challenge as the majority of people still believe that they are involved in sexual activity and call them by different names, which is not acceptable.
• The community has less representation in formal employment activity and faces severe discrimination at the workplace because of the associated social stigma.
• They have poor access to health services and thus makes them vulnerable to many diseases like AIDS.

Initiatives by the Government for the transgender people

• Transgender person (Protection of Rights) Act 2019

It aims to end discrimination against transgender people in accessing employment, education, and health care.

• National Council for Transgender

This body has been constituted to advise the Central Government on the formulation and evaluation of policies, programs, projects, and any legislation for the betterment of transgender people.

• Reservation for the Transgender Community

The Central Government is planning to bring reservations for the community under the OBC category in jobs.

• Garima scheme

It aims to provide shelter to transgender persons with basic amenities like shelter, food, and medical care.

The judgment had given them a dignified life but it is the responsibility of the government to smoothly and strictly implement the law for the growth of transgender people and create awareness to change the perspective of society towards them.