Transgender Movement in India

"Everybody knows we are begging and doing sex work and we are paying taxes on this money,"

they said. "What do we do to raise ourselves if there are no reservations? While Lok Sabha has

passed the 2019 bill for transgender persons (Protection of Rights), the law still requires the

upper house of parliament to give its assent as law.

NALSA

1. On April 15, 2014, the High Court of India legalised the presence of transgender people
and permitting juridical via the national legal service authority versus the Union of India,
of the "third sex" category, called the Nalsa case. The Supreme Court of India began a
journey to define gender, transgender and third gender in Indian circles.More
importantly, the decision listed the different rights without which a person can't be said to
have a full citizenship.
1. India’s state policy is rather oversimplified in viewing gender as being binary. The

State’s definition of “transgender” refused to dissociate one’s gender identity from the

gender assigned at birth—a definition that is, in short, biologically deterministic.

2. Section 377 of the Indian Penal Code (1860) in the colonial-era criminalized any form of

sexual contact other than peno-vaginal penetration. In effect, Section 377 decriminalized

homosexuality in India on 6th September 2018.

3. Though the Transgender Persons Bill criminalizes any act of sexual abuse against the

transgender, the provision of punishment is far less severe as compared to in cases of

sexual abuse against the cis-gendered population.

4. The new law runs against the Supreme Court’s 2014 judgment that granted the right to

self-recognition of gender to transgender individuals as it is only upon screening of their

genitalia that their gender is certified by the district minister.

Banu further pointed out that the bill is silent on education and employment reservations for the

community. "Everybody knows we are begging and doing sex work and we are paying taxes on

this money," they said. "What do we do to raise ourselves if there are no reservations? While Lok

Sabha has passed the 2019 bill for transgender persons (Protection of Rights), the law still

requires the upper house of parliament to give its assent as law.