Recognition Of Transgender Community
Transgender individuals, as well as gays and lesbians, encounter significant prejudice within our society. Fortunately, societal attitudes have gradually evolved, and acceptance of individuals identifying as the third gender is growing. The historic landmark case which for the first time recognized transgender persons as a “third gender” is National Legal Service Authority v. Union of India.
Facts: NALSA filed a writ petition in the Supreme Court on behalf of the transgender community arguing that the fundamental rights of transgenders are being violated.
Issue: The issue involved in the case was whether there was a violation of fundamental rights of transgender community?
Decision: Apart from binary gender that is male and female, the Supreme Court in this case recognized the third gender that is transgender people, and further directed the state to work towards the public awareness, mental health of the transgender community, social pressure, medical care and also work towards providing the social welfare schemes to these communities.
Transgender Persons (Protection Of Rights) Act, 2019 (India)
The TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 (INDIA), allows individuals to identify themselves as third gender and provides a process for obtaining a certificate confirming their gender change. It mandates the Central government to work towards providing the rights to the transgender community including health and education, non-discrimination, right of residence, and employment. The National Council for Transgender person is also established which advises the government on policy formation for transgender people. Other initiatives taken by the government include the National Portal For Transgender Person, Garima Greh shelters, SMILE (support for marginalized individuals for livelihood and enterprise), the New Education Policy, 2020, establishing a general inclusion fund for quality education, and PM- DAKSH, focusing on the development of the transgender community, emphasizing skill building and entrepreneurship.
De-Criminalization Of Section 377
The battle surrounding Section 377 of Indian Penal Code, 1860 commenced with the case of Naz foundation v. NCT Delhi in which the part of section 377 of the IPC which criminalizes consensual sex between two homosexual adults in private was declared unconstitutional by the Delhi High Court. However, in 2013, in Suresh Kumar Koushal v. Naz foundation, the court re-criminalized consensual sex between homosexual adults under section 377 of IPC, 1860 by stating that only parliament can declare this part unconstitutional as pertained to a criminal offence and the right to privacy does not include any homosexual acts. Subsequently, in Navtej Singh Johar v. Union of India, the Supreme Court declared that Section 377 violated the transgender community’s right to live with dignity, liberty, and freedom of expression, ultimately deeming the relevant part of Section 377 of the IPC, 1860 unconstitutional.
