INTRODUCTION
Equality is the golden thread of our Indian Constitution under Articles 14, 15, 16, 19 and, 21. Through this golden thread, we inherit the right to the enjoyment of life. We all have the right to grow as a human being irrespective of any biasness on the basis of any caste, sex, creed, religion, language, and, social status. Here we will talk about one of the basic rights that get its evolution from this right to equality. And that right is “Right to choice and self-determination”. To determine which particular gender one belongs is an “inborn” right of an individual under the right to live with dignity.
Yes, we are talking about Transgender persons. When the thing comes to these persons our country is still lagging in comparison to the other countries. This community is one of the most unheard sections of society. They have barely enjoyed the privilege of equality granted under our Indian Constitution. Notwithstanding several laws for the protection of this community, they are facing open discrimination from the very beginning. The inclusion of the transgender community in the field of corporate and providing them employment opportunities is altogether a different aspect.
HISTORICAL BACKGROUND
The people of the transgender community had been facing discrimination form the ages in the field of education, housing, employment, and health. The term homosexuality is not new. The Shikhandi of Mahabharata who was born as a woman lived as a man and married a woman is an example of homosexuality from our ancient India. Even the Kama Sutras also recognize the word “Tritiya Prakriti”. But the British empire in our country criminalized homosexuality.
RECOGNIZATION AS A THIRD GENDER
As we all know earlier the identity of this particular community was not recognized in the eyes of law. But due to consistent efforts by the several activists, the Supreme Court acknowledged the third gender in our society. The Supreme Court in the case of “National Legal Service Authority vs UOI, 2014” held that they too have all the fundamental rights as of a male and female. The court stressed the Right to live with dignity, which is also available to the third gender. Now the Supreme Court in a recent judgment struck down the legal provision under Section 377 of IPC and provides them the right to choose their partner. The court said that homosexuality is not an abnormality but it is a variation in sexuality. Discrimination on the basis of sexuality is a violation of equality and the right to privacy.
The NLSA judgment paves the way for the enactment of the “Transgender Persons (Protection of Rights) Act, 2019. This act ensures the protection of the rights of Transgender. This act comes up with opportunities in education and at the workplace for this community.
TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
This Act includes all the individuals whose gender does not conform to the gender assigned to them by birth.
- Provisions regarding employment and education under the Act
- Section 3(b) and Section 9 strictly prohibits any kind favoritism against any transgender regarding employment opportunities.
- Section 3(c) forbids discriminatory denial or termination from employment.
- Every organization have obligation to abide by the provisions of all the provisions of this Act under section 10. So, this section eliminates all sorts of discrimination.
- State Government is under obligation to formulate the welfare schemes and programs under section 14. And these programs should aim to support their livelihood including vocational training and self-employment.
- Under section 17 the central Govt shall constitute the National Council for Transgender.
- Other provisions under the Act
- This act prohibits any kind of discrimination against transgender on grounds-
- Health care services
- Any good, facility or, service used for the public purpose
- Holding any public office
- Right to housing
- This Act also provides the identity to transgender.
- It also deals with welfare schemes and programs for them.
- Also provides the right to residence and rehabilitation.
- Section 18 provides punishments for the violation of the act and any kind of harm, injury to the transgender.
CONCLUSION
As we have discussed the laws for the protection of rights of transgender, but are they enough? As we observe in our society that despite several laws the things are not getting better for the transgender community. We are far away from the dream when these people will enjoy equal status in our society. The human resource has gone in vain in encouraging society to stop the blatant discrimination against the third gender. The Equal Remuneration Act and The Maternity Act also require the need for an amendment to include the provisions for transgender. When we move forward to parenting, they don’t even have the right to adoption under adoption laws in India. So, only the laws cannot get rid of the discrimination against them, unless the society will take any affirmative steps.