The Embrace of Transgender Rights in India

Kinnars, a manifestation of the Hindu goddess, Bahuchara Mata, are essentially classified as the Indian Transgender, along with other communities such as Aravanis, Thirunangais, Jogapas, Kothis, etc., in India and Waria, Bissu, Hijra Farsis, Kathoyes, etc. across the world.

Due to stereotypical gender expectations, they, having a body neither male nor female, have to therefore endure social injustice, sexual assault, and ostracism. Attributable to the aforementioned oppression and additional adversities, the Indian Transgender have been subjected to various laws and acts intending to safeguard their rights and identity.

Amongst all the prominent actions taken, the first time when Transgender people in India were acknowledged by the Supreme Court, was on the 15th of April, 2014, as a result of the judgement NALSA V. Union of India & Ors (2014), where they were officially classified as the third gender whose rights were secured, solacing in Article 14 (Equality before law.), Article 15 (Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth.), Article 16 (Equality of opportunity in matters of public employment.) and Article 21 (Protection of life and personal liberty.) of the Indian Constitution aim to protect their pursuit of privileges, egalitarianism, opportunities, and liberties.

 A more recent measure enacted was the Transgender Persons (Protection of Rights) Bill, 2019, introduced in the Lok Sabha on the 19th of July, 2019 by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot, and passed on the 26th of November, 2019. The Bill restricted the discrimination of Transgender Persons, covering aspects such as Employment, Education, Residence, Health Services, Safety, Civil Rights, Penalties, and Government Intervention. This Bill also induced the constitution of a National Council for Transgender Persons, assigning advocacy and addressment of complaints to them. Moreover, reemphasizing the 2019’s Bill, the Transgender Persons (Protection of Rights) Rules, 2020 was notified on the 25th of September, 2020 by the Ministry of Social Justice and Empowerment. This features additional details and elaborations regarding the rights and protection of Transgender Persons of India.