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BEYOND MUSCULANITY AND FEMINITY

Transgender i.e. the third gender refers to an umbrella term for persons whose
gender identity, gender expression or behaviour does not conform to that
typically associated with the sex to which they were assigned at birth. The
presence of Transgender can be traced since time immemorial. Indian
mythology has in it, numerous references to modified sexual states and also
antiquated Indian culture over centuries.
This paper throws light upon the reasons for their origin and downfall; they
were depicted in renowned Hindu religious sacred texts, for example,
Ramayana and Mahabharata. Their downfall came just at the onset of British
tenet amid the eighteenth century when they were boycotted, blacklisted and
regarded as criminal components in public eye.
This paper mainly focuses on the transformation of transgender people from
the journey of pain to beauty after the judgment of Supreme Court in the case
of National Legal Services Authority (NALSA) v. Union of India which
assured that the fundamental rights under the constitution of India will be
equally provided to transgender people giving them right to self identification.
The Supreme Court directed Centre and State governments to operate separate
HIV Zero Surveillance centre and separate public toilets etc. since they face
several sexual health issues. After this judgement India became the first
country in the world to recognise transgender as third gender.
The paper delves into the arena of international conventions such as Article 6
of Universal Declaration of Human Rights, 1948 and Article 16 of the
International Covenant on Civil and Political Rights, 1996 (ICCPR) recognises
that every human being has the inherent right to live and this right shall be
protected by law. A distinguished group of human rights experts have drafted,
discussed, developed and reformed the principles held at University of
Yogyakarta, Indonesia from 6 to 9 November, 2006 and adopted the
Yogyakarta principles on the application of International Human Rights Law
in relation to sexual orientation and gender identity.
This paper concludes with suggestions of author as to the steps that can be
taken for proper implementation of the above mentioned historical judgement.

Keywords:- Transgender, NALSA, Yogyakarta principles, ICCPR, UDHR

Author:
Name:- Anuj Singh Chauhan
Address:- Quarter no. 2B, Street-40, Sector-10, Bhilai (C.G)
E mail:- anujchauhan121296@gmail.com
Contact no.- 7389712287
Co-Author:
Name:- Shaleen Jain
Address:- 16, Shikshak Nagar, Airport Road, Indore (M.P)
E mail:- shaleenjain323@gmail.com
Contact no.- 8989066213