Gender and Identity: A Thematic Study of Transgender Rights

Abstract

A person has the right to choose their gender identity. The Supreme Court of India upheld every Indian citizen's freedom to determine their gender identification independent of gender affirmation surgery in National Legal Services Authority v. Union of India. The Transgender Persons (Protection of Rights) Act, 2019, which was released by the Indian government in response to this judgment, aims to protect the rights of transgender people and their welfare as well as any issues related to or incidental to those goals. States throughout India have established transgender welfare boards. India has a number of problems for transgender persons. As a result of this discrimination, transgender persons are not only denied equitable access to fundamental social services like work, health care, education, and housing but they are also marginalized in society and placed among the weaker groups in danger of social exclusion. In this article, the author focuses on some of the most pressing issues transgender Indians confront. This article seeks to examine the socio-legal status and sense of self of transgender people. For the purpose of preserving their fundamental rights, which are protected by the Indian Constitution, the Hijras, eunuchs, and other members of the community should be considered as the third gender.

Keywords: Transgender, Discrimination, Marginalized, Fundamental, Eunuchs.