Transgender Community in India: Legal and Social Perspectives

ABSTRACT

'Transgender is an umbrella term taking into account all those people who strongly identify themselves as of the gender opposite to their biological sex. This section of the society transgress the customary parameters of the society and give a self-definition of their gender identity. These people are generally looked down upon by the society. They are also denied the basic human rights and are mostly discriminated against. The base of human rights is universal Declaration of Human Rights. From this very declaration, all human rights are extracted for all marginalised groups and communities, however this lacks one of the most important marginalised group; transgenders. It is only in the 20th century that the transgender movement brought to the fore the rights of those discriminated against because of sexuality. However in India, they are bestowed with restricted rights of citizenship and rights of participation in the decision process. Gradually they are also obtaining passport and are even being issued ration cards. Their medical plights are largely being ignored. They are ostracized from earning a livelihood and are subsequently barred from participating in the economy of the country. Moreover they are also banned in public places. With all these hardships, wide spread violence against them falls on deaf ears. The Indian government needs to take stringent steps in order to give them a safe environment.

Multiple forms of social repressions are encountered by this community. They have to face mental health issues including depression and suicidal tendencies. Most of the transgenders, especially young ones had to come up against several affairs such as fear, shame and internalized transphobia disclosure and coming out; adjusting, adapting, or not adapting to social pressure to conform; fear of relationships or loss of relationships; and self-imposed limitations on expression or aspirations.