1 INTRODUCTION Gender identity usually assigned at birth, sex becomes a social and legal fact that one has to carry them all of his life, This is true as well for intersex persons whose bodies incorporate both or certain characteristics of both genders’ physiology and at some instances their genital anatomy. Most issues arise because their innate personal perception is not in conformity with the assigned sex at birth, These individuals are referred to as “transgender’.! Persons among other terminologies as per geographical location Controversy regarding the recognition and classification of the transgender people in the society have been an endless war. They are overwhelmed and breathless under the conflict between male and female. The Indian Supreme Court on 15" April 2014 pronounced judgment that poured water on the fire of the elongated controversial global on the rights of the transgender. The transgender community has existed in India for more than four thousand years. The population is estimated to be more than a million individuals which are a great percentage of the country’s population. The word Hijra® designates an alternative gender to the male-female binary; the term translates as Eunuch (Castrated Male)* ot Hermaphrodite.’ The Hijras base their group's third gender identity on a chapter in the “Ramayana where Rama is displaced. In the story, Rama tells an upset group of men and women, to leave and return to the city. A group of people who were not men and not women did not know what to do and stayed with him. Rama gratified the Hijras for their faithfulness by giving them the power to bless auspicious incidents such as 1 wintm Arua pts rll Sanka ona, Map ye Conn nhl ae 1‘wedding and childbirth through customary singing and dancing.”* Most Hijra identifies with being female despite having male genitalia. There are very few females who identify as males any given group. Instead, most Hijras dresses and act as women even though they are not biological women, They were once the queen's aid, but now they beg on the streets, from being revered by society at large and celebrated in religious and spiritual ceremonies. We have used them, refused them, and then turned to abuse them. Who shall give them a true identity?” Who shall stop this discrimination? Who shall help bring them a new life? ‘Who shall stand up and fight for the rights of the Transgender in India? The community of the Transgender people has sub-groups of the Hijras, the Eunuchs, the Kothis, the Aravanis, the Jogappas, and the Shiv-Shakthi among other minority groups. This society has a solid historical presence in India as they occupy a place in Hindu mythology and do appear in other religious scripts. “The concept of Tritiyaprakrti or Napunsaka has also been an integral part of Vedic and Puranic literature.” A detailed reference of the transgender community is also found in the Jain Texts which mentions the concept of ‘psychological sex’. The Hijra community was seen to be of vital importance in legal and leadership roles in the royal Courts of the Islamic world, especially in the Ottoman empires and the Mughal rule in Medieval India.” 1.1 Operationali zation of the concept ‘The terminology ‘transgender’ is a derivative of the Latin word ‘trans’ and the English word ‘gender’. The term transgender is a general definition of a large class of individuals and hence doesn’t imply any particular form of sexual orientation. The way they behave and act differs from mainstream gender. Thus said, the life of transgender can be a tricky one, far from easy since these individuals cannot be easily categorized 2as male or female. The Society’s majority finds these deviations from the norm unwelcome, “Transgender” is an overall terminology that includes everyone who does not fit neatly into the two broad but precise definition of ‘male’ or “female. Though precise in definition, the transgender includes anyone who identifies, as other than the gender they were allocated at birth; and people who thought they identify as their assigned gender, are mistaken for members of the ‘Opposite’ sex this can be temporarily or permanently, ‘Transgender: “Used both as an umbrella term and as an identity. Broadly, it refers to those who do not identify with or are uncomfortable with their assigned gender and gender roles. As an identity, the term refers to anyone who transgresses traditional sex and gender boxes.”* Hijra, Aaravani, Chhakka, and Tritiyapanthi are another word for a male to female transgender in India. Gender: “The condition of being male, female, or neuter in a human context, the distinction between gender and sex reflects the usage of these terms: Sex usually refers to the biological aspects of maleness or femaleness, whereas gender implies the psychological, behavioral, social, and cultural aspects of being male or female.”? Gender Identity: “One’s self-identification as male or female.”"° Regardless that the mainstream approach in psychology for many years had been to regard gender identity as residing in individuals, the important influence of societal structures, cultural expectations, and personal interactions in its development is now acknowledged as well. Gender identity can be in line with assigned sex at birth or can be different. Thereis evidence exists to support the concept of gender identity as influenced by environmental and biological factors. Guru: A person who is a member of the Hijras group who has Chela.! LGBT: “Acronym for Lesbian, Gay, written as GBT." Bisexual, and Transgender. In rare cases Intersex: “A spectrum of conditions involving anomalies of the sex chromosomes, gonads, reproductive ducts, and genitalia, The most traditional definition of intersex refers to individuals born with both male and female genitalia, or genitalia that are not clearly male or female. Having hormones, chromosomes, and primary sex characteristics, including genitalia and internal sex organs that are different from what is typically considered to be biologically male or female. This term is not the same as the term “hermaphrodite,” which is an antiquated and offensive term to intersex folks and their allies.” Que 1. “An umbrella term which includes lesbians, gay men, bisexuals, transgender people, intersex persons, radical sex communities, and many other sexually ‘transgressive communities. 2. This term is sometimes used as a sexual orientation label or gender identity label used to denote a non-heterosexual or cisgender identity without having to define the specifics. A reclaimed word that was formerly used solely as a slur but that has been, reclaimed by some folks in the LGBTQIA community. Nevertheless, a sizable percentage of people to whom this term might apply still to hold ‘queer’ to be a hateful insult, and its use by heterosexual people is often considered offensive nn Slt mnt Tem ie 865288 4Transition: “The process that people go through as they change their gender expression and physical appearance (e.g. ‘Through hormones and surgery) to align with their gender identity. A transition may occur over a period of time and may involve coming out to family, friends, co-workers, and others; changing one’s name and sex designation of legal documents (¢.g., Drivers’ licenses, birth certificates); and medical intervention.”!5 Sex: “In a dichotomous scheme, the designation of a person at birth as either “male” or “female” based on their anatomy (genitalia and reproductive organs) and biology (chromosomes and hormones). Sexual Orientation: “A person’s enduring physical, romantic, emotional, and spiritual attraction to another person. Maybe lesbian, gay, heterosexual, bisexual, pansexual, polysexual, or asexual Sexual orientation is distinct from sex, gender identity, and gender expression. A person’s sexual orientation should not be assumed based on the perceived sex of that person's partner. For example, a man who identifies himself as heterosexual may have sexual relationships with men and women.”!7 1 Rationale and Significance of the Study Everyone has a gender identity. However, since gender identity is normally consistent with the sex assigned to them, we don’t get concerned much, Regardless, gender identity is vital, in a broader way because of societal expectations and responses based on how one expresses that identity Due to poverty and lack of proper jobs, most of them encounter challenges in life which need to be looked into. Those employed are mistreated, harassed, and discriminated. Privacy invasion, abuse, exploitation, physical or sexual assault is commonplace, Social amenities and medical care are one more area of concern.This research is geared towards giving them a secure environment to develop their standard of living through laying down a proper legal framework. ‘Transgender society undergoes discrimination and abuse under the face of the law, There have been a lot of changes in law and also the general public perception of the transgender. This can also be attributed to the rapid growth of the intemet and social media specifically. There is a serious need for bridging the gap between already available human rights Laws and the beneficiaries on the ground. From the lawmakers, the law enforcers and the general public, there is alot still pending or controversial that the intended need is not fulfilled. My research is to help this community in various legal and social rights and give them a secure environment to develop their standard of living. This research will help bridge the gap between human rights laws and the transgender beneficiaries on the ground. 1.1.2 A Survey of Work done in the Research Area and the Need for More Research The two contradictory decisions from the Supreme Court issued by separate panels of judges are the result of a quirk of the system. In one judgment Court is denied rights to transgender and in other cases, they are granting rights to them, There are many loopholes in the laws and this all drawbacks make the life hard for this community in India. There is not much work happening in this area so the Researcher had the opportunity to develop change. While taking the research forward, itis necessary to make fundamental changes in the DNA of the Constitutional justice of India because it can no longer be set to be influenced by heterosexuality, The DNA of the Constitution has to conform to the needs of all communities. It cannot lean towards a particular section of society. Constitutional DNA change cannot be possible by a single thesis. This thesis, therefore, can only be an igniting step towards this monumental task. The steps we need, to change the language of the Constitution, is to talk more about sex and sexuality more freely, We need to imagine the formation of families beyond the union of man and woman, We also ni ed to make it normal for the transgender community, as well as for others, that 6just like a man and a woman can form a family and enters into different transactions, Should LGBT be allowed to take part in sports? Should they be allowed to join the Army? Should they also freely join other workforces without discrimination and abuse? So, these are some of the matters which may deserve a separate thesis. This thesis merely ignites our minds towards the full realization of this dream. The researcher is with adi trying to push society to srent perspective. There are many alternatives in the world and there is also scope for alternative thinking, but what we lack is an altemative vision, since our lens is influenced and blurred by the binary of good-bad, evileright, male-female so we don’t go beyond this binary. So, the aim of this thesis is to start the moment towards breaking these binary and make the Constitution more attentive and inclusive. and A group of experts on human rights matters like HIV, sexual minorit human rights, developed the Yogyakarta Principles in 2007. Their main aim was to describe the core constituents of laws that would affirm the basic obligation of States to implement human rights standards as it relates to sexual orientation and gender identity." If we do a comparative study on India with respect to other countries, we find a lot of interesting stuff. First, reliable information is hard to come by. Reliable data on laws protecting transgender people globally is equally scarce. We need to do the proper enforcement of the existing laws. But still many changes we need in this regard, Some countries like New Zealand (2012), Bangladesh (2011) and Australia 2011) allow transgender persons to register as a third gender on their passport applications since 2007 Nepal has also allowed people to record as the transgender or third gender on its election survey. In 2011 Pakistan allowed the transgender community to show their identity on identity cards nb psn hata tein Rn 71.2. Methodologies and Techniques of Research 1.2.1 Research Design Doctrinal and Non-Doctrinal Research methods are Applicable to the study. The Non-Doctrinal Research was done in three stages. A reconnaissance phase of data viability test, and actual data collection phase and a data verification phase during data analysis and interpretation. During the reconnaissance phase, the contents and nature of the interview were suitably changed and modified to avoid ambiguity and inconvenience during the actual fieldwork for data collection, It also helped to familiarize with the environment, collect contacts and permission The data verification phase was instrumental in filling in blanks of missing data leading to a confirmation of the hypothesis. 1 Collection of data 1. Personal interviews: Researcher personally engaged the police officers, law firms and any firsthand information that can help contribute to the research, HL. Questionnair Many respondents within a short time using short answer questions which were effective, especially in areas where time, privacy and other factors were in consideration. IIL Local media: Media makes a good source of information since they are information collectors in themselves. The local media can greatly be of use, especially for current affairs. The archives of the local media became a great source of information considering that the media housed never leave ocourrences uncovered. Here, tried to collect video footages, magazines, and related firsthand information. IV. Precedent: There are many cases that have already been dealt with since it’s a daily problem in society. The researcher made use of the already available cases at present and in history to analytically conclude on her research,Data from books, journals, and internet: There ate a vast number of public resources out there that can be a valuable source of information for the research. is includes periodicals, journals, sites, blogs, forums, and seminars, VL. Observation: One of the ways of knowing the root issues is to visit the places where this community stays in a large quantity. This provided me with in-depth knowledge about their lif tyle, problems and other related issues which are helping identify the root cause and solution, The researcher had collected relevant data for the various chapters from official magazines, reports and study material published by the different legal services authorities. The researcher also made use of official websites of different governmental and non- governmental offices and agencies. The researcher had mentioned at the relevant place of the thesis where such data have been used. Some private documents and blogs have been referred to in order to ascertain issues relating to the research work. Research Problem The people of the third gender in India face human rights violation as they are faced with a number of issues. These communities have been sidelined from participating in social and cultural fife, economy, politics, and decision-making. processes. The laws and reforms won’t change the discrimination that most transgender people face. Most are denied mainstream employment and social amenities to the extent that some hospitals have reportedly refused to give them medical services while on the other hand regularly harassed by police. Section 377 of the Indian Penal Code 1860 which was drafted by Lord Macaulay and comes under the Section titled “Offens es Affecting the Human Body” and provision provides the approval for the prosecution of unnatural sexual acts, Regardless of consent, it’s vital to observe that these very acts are liable for prosecution provided they are perceived as carnal intercourse against the order of nature, thus satisfy the requirement of penetration. On the other hand, to be a homosexual or a Hija is to draw the assumption that they are engaging in carnal intercourse against the order of nature. Section 377 is one of the most misused laws by the law enforcers to harass and exploit,this community.'® Incidences of harassment of the transgender individuals by the police are commonplace. Suresh Kumar Koushal y. NAZ Foundation, this case concerns. the Constitutionality of Section 377 of the Indian Penal Code, where the Supreme Court ultimately noted that Section 377 IPC does not violate the Constitution. The legislature was at liberty to consider the desirability and need of deleting or amending the provision.2” This leads us to ask some important questions: > How can we reduce discrimination against the transgender community? > How can we give them better chances in different work areas? > How can we implement/formulate various laws regarding the issue above Objectives of the Research Study to address the The research problems above make one ponder; hence my aim issues through research that can help: 1) To suggest measures to reduce transgender community-related problems like discrimination and crimes. 2) To find ways to sensitize the society that if we help them as other human beings they also respond positively. 3) To suggest the progressive measures to give them a good environment, medical services, safety, health, and working conditions. 4) To find ways where the laws of the land can incorporate to help these communities reduce problems that come along. 101.2.4 Research Questions a) Is there a way that the law can help eradicate transgender community-related problems? bb) How can we sensitize and educate the society concerning transgender community related problems? ©) How can we give a better life, safety, and good working condition in this community? 4) How can we change the mentality and the perception of the general people concerning the transgender community? ©) Are the various laws concerning the transgender community, helping reduce their problems? 1.2.5 Hypothesis A. If comprehensive legislation is undertaken, then the reduction of discrimination against the transgender community is a possibility. B. If the law enforcement agencies adopt transparency in their dealings with transgender community’s matters, then the transgender people will come out openly against social and legal discrimination. C. If there is an attitudinal change in society towards the transgender community, then they will also enjoy the rights guaranteed by the Constitution equally with others? 1.2.6 Review of Literature A number of books, magazines, articles, reports, and material available on websites were consulted was studied. Relevant case laws delivered by various Courts have been studied by consulting law journals. Appropriate data have been incorporated at the appropriate places and citation given. Magazine and various annual reports published by different state authorities were also very instrumental in providing relevant data and information about the activities and steps taken for implementing the various provisions of Acts and Bills. Other various digital data sources like websites, blogs, and online periodicals have also been used to substantiate the matter. NlData availability varied widely by geographic region despite every effort being made to identify and make use of all legal contexts for the transgender people across the globe, Most information was available from countries like UK, Canada, USA, and India for comparative study purposes. Efforts were made to identify sources of information based on the legal, social and political context for transgender people globally. Data from countries with good economic life was acquired with the hope of comparison with low living standard countries like India. The focus of data collection was nevertheless pinned on India and other South Asian countries. Universal Declaration of Human Rights (UDHR) 1948 articulates in Article 25 includes access to R) generally deals with political rights, including such basic rights as freedom from that all persons have a right to a minimum standard of living, wl health care2! The International Covenant on Ci il and Political Rights (IC slavery, torture, persecution, and discrimination. It includes non-discrimination on the basis of sex as a basie right but did not originally directly address sexual orientation or gender identities. Having been developed in 2007, Yogyakarta Principles aim to implement human rights standards as it relates to sexual orientation and gender identity.2? Section 2 (d) The Human Rights Act 1993 prohibits discrimination on the grounds of sex.” Part II and III of the Constitution of India provides many provisions to protect the rights of people, including transgender, Code 186 tion 377 of the Indian Penal 25 Section 13 (1) Immoral Traffic Prevention Act 1956, also provides a remedy relating to illegal trafficking in persons. Many articles, Books, and Research Papers are published on this issue. 12An objective, critical analysis of published literature relevant to our topic whose purpose is to create familiarity with current thinking and research on the said topic, and sorts to justify the legal arguments in the paper presented. This literature analysis will play a vital role in establishing and asserting human rights in society as it reveals manifold forms of lives and helps in a deep understanding of the social system. The aim of this literature is to; a) Place the research work in the context of existing literature concerning the transgender community. »)_ Interpret the major issues such as diserimination and harassment surrounding the transgender community. ©) Describe, highlight and bring forth the relationship of each literature work to each other and its relevance to the research work. 4) Recognize possible ways to interpret and shed light on any gaps in the research work like the misinterpretation of empirical data, ©) Resolve conflicts during research work as maybe during the study 4) Point and nature the way to further research on the topic of research, A review of the relevant literature and evaluation of various concepts and views related to the present research has been done at this point. Vaishali Rode and Laxmi Narayan Tripathi®write the book called “Mi Hijda Mi Laxmi” which is a life story of Laxmi Narayan Tripathi. It shows her real carly life struggle and how she becomes a transgender. It goes a step further to show her fight for transgender rights. Laxmi narrates her life journey with a simple tone that any reader is able to follow. A young boy, who is continually remaining alone and debilitated at his youth, experience the ill effects of sexual manhandle and unfit to impart his agony and battle to anyone. Amid his high school years, Laxmi feels pulled into young men. He understood that he was not the same as others and realized that he was Gay. Later on, he chose to wind up plainly a transgender. Everybody close to himgot astounds yet his relatives are giving him bolster. In the wake of receiving this transgender status his life is completely changed. He faces segregation, provocation and insulting him is Laxminarayan Tripathi changed to Laxmi. While working for the transgender group in Mumbai, Laxmi ended up noticeably renowned around the world. She began battling for the privileges of the transgender group and keeping the artist inside her alive. In the present book, Laxmi portrays all her life travel in straightforward words her hardship while working and in the wake of getting to be noticeably renowned she is battling for the transgender group's rights. End of the book author is clarify ng different phrasings and strategy of different Hijra Gharanaand their tenets of the group. Legendary stories about Hijra people group and their significance in those distinctive periods. In modem society some NGO like Sangama in Karnataka, Humsafar confidentiality in Maharashtra, NAZ Foundation in Delhi thus numerous different establishments battling for the privileges of the transgender. In Madhya Pradesh, in 1998 Shabnam Maushi (transgender) got to choose. She put a question like destitution, joblessness, and separation of the transgender group in the Legislative Assembly is the lower house. In the year of 2000, Kamla Jaan (transgender) got chosen as a Mayor in Madhya Pradesh. In any case, this post was saved for the female so Court crosses out her decision later on. Like this sort of numerous occurrences, Laxmi clarified well in the present book. Society is continually making fun of their life and they are confronting segregation from wherever this situation is additionally portrayed in the book. The book is generally written in an easy to understand language without beating around the bush. In this way, it can be of use to encourage other transgender individuals. The storyline is captivating and filled with energy to encourage, 14While most Hijras are sent away from their families, Laxmi expresses her gratitude to her parents who accepted her. “I am a Hijra and my family accepted me. This is unusual in a culture where different sexuality is sufficient for parents to deny their children,” she writes, “They never stopped me from expressing myself” she says. This leaves us with the question of what the law is doing towards the transgender community being left or thrown away by their fami Me Hijra, Me Laxmi plays the role of an educational narrative on the lives and paradigms of the Hijra community. The book first brings us Laxmi’s unique definition of the word Hijra and goes further to explain her opinion and pers ective of being a Hijra, It goes on to open up about her life and life struggles. There is a sense of urgency in Laxmi’s demeanor, zest for life and a desire to learn and strive for betterment. Her journey to activism is filled with gaps like most activists’ stories are. However, assuming whatever is written is true, Laxmi did manage to get some respect for the LGBT community. She became their face and their voice as she broke quite a few norms for both parties and faced equal resistance from both the inside and the outside world, Rituals and traditions like inductee castration (Castration means the surgical removal of a man’s sexual organs) of the Hijra Gharanas in the story make it even more interesting to read. The rituals open up a new world altogether. It is interesting when they welcome the new Hijras into their community. Guru-Chela relationship that is almost like a parent-child relationship, Laxmi explains this in a simple way. Some rules of the Hijra community need to keep confidential Laxmi tries to hide them well. The writer opened up an interface between the society and the Hijra community which, if the law is keen to follow can lead to human rights and its awareness among the Hijra community. The struggle within the book helps us to see a full-fledged 15narration of a day in the life of a transgender. The writer helps us to see how the society in, general, relates to the transgender individual at different places and levels in life. Geetha*wrote the book called “The Truth About Me: A Hijra biography is a Biography” of the Revathi, Revathi inspires superbly the profound unease of being in the wrong body, that tormented her from youth. To be consistent with herself, to get away from the steady brutality went by upon her by her family and group; the town conceived Revathi fled to Delhi to join a place of Hijras. Her life tuned into a mind- boggling arrangement of unsafe physical and enthusiastic voyages to wind up plainly a lady and to discover love. “In Revathi, the author explains her adventure as a small village boy called Doraisamy who became a transgender and adopts the name Revathi. Revathi was conceived a kid, yet felt and carried on like a young lady. Revathi evokes greatly the profound unease of being in the wrong casing that tormented her from adolescence. To be genuine to her, to break out the standard brutality went by upon her by methods for her own family and network, the town conceived Revathi fled to Delhi to reside with other Hijras. Her lifestyles have become an extraordinary collection of risky physical and emotional trips to end up a lady and to discover love. As Revathi, she ought to dress, walk, and speak like a girl. She was restricted from working elsewhere rather than what other Hijras do. She was begging, practice prostitution or sing and dance at ceremonies. The tale follows Revathi’s life as she moved from metropolis to town, from the Hijra house of residence. Revathi yearned to stay free to like, to be a lady for me it becomes a bit bizarre to place myself within the mindset of a person who defined womanhood in phrases of the loving, dignified service which seems so old-fashioned, today, and even oppressive if regarded as the handiest choice. The Hijra elders forbade her (and asa Jong way as I can make out, still forbid their younger, mentored daughters) from taking a husband, or a consistent guy. Proscribed from marriage, not able to work, unrecognized by using the state bureaucracy, Revathi had handiest three altematives to 16make money she ought to beg, she may want to bless, ot she may want to do intercourse paintings. First of all, she begged, inside the flamboyant, fully recognizable Hijra fashion; however, she felt restrained and constrained via the rules and needs of her Hijra house, together with her guru and her sisters. One of the basic points of Revathi’s life is that for each progression she took to achieve her desires the nirvana or maiming, the budgetary power, the acknowledgment, support and closeness of different Hijras who comprehended what she ended up experiencing, and acclaimed her energy and esteemed her as somebody she respected new roads of decision, of flexibility, she currently incongruously longed for. A massive a part of the novel is taken up together with her steps in intercourse work, it’s difficult to recognize, to keep in mind how restricted her alternatives in the Hijra houses have been, however, in essence, on the age of twenty Revathi decided to take in intercourse work so as to fulfill her sexual desires. This becomes the simplest manner, on the time that she ought to come close to sexual delight, However, being a sex worker, and sexual minority way which you get an incorrect form of interest. Revathi does mention that she had moments of happiness in her lifestyles, however info in dry phrases the brutal records of life as a Hijra the risks, the assaults, and the rapes. Her tone whilst she describes the violence devoted to her body via custome s, through random rowdies, through policemen is one in all count- ofetruth reportage. Besides the issues, she has outside the Hijra Houses and inside onerous masters, infighting with different Hijra’s fights with different Houses Revathi keeps up a delicate association with her family, whose acknowledgment of her new state is grudging, best Besides the strains encompassing her sex personality, her family is associated with the long-standing clash over the parental property. To put it between three children and one "little girl" is no snickering issue, particularly when the little girl 7has so a couple of roads of pay and is delicate to dismissal; we should not discuss the children, one of whom is fundamentally a repulsive sibling, Revathi opposed the Hijra custom by taking a paying activity at Sangama, where she found out about her rights, about what should be possible to instruct other individuals about those rights. Sangama gave Revathi the dialect to express her disappointment and her wants, her requirement for her Hijra sisters and in addition her uneasiness inside their restricting homes. Revathi keeps up a savage, energetic embrace of her rights as an individual to be treated with pride, regard, and acknowledgment, There's a note of merciless reasonableness all through her diary that vouches for the confirmation of life, of being alive and entire, that she should make each day to be the individual she needs to be. It's a drawing on the story of a lady who does not shroud her blemishes or her temperance, with clear sight and judgment of the world she lives in. ‘As juxtaposed with Laxmi’s work, Revathi’s work brings in the life of a transgender in the village. This is especially in the beginning. This is instrumental to help us see the bigger picture of issues affecting the Transgender people even in the villages. How they advance in life through challenges, through which we can formulate laws, to be able to cater to their human rights need, Another Juxtapose we find in the book with other writers is that Revathi speaks for herself and about herself. This helps us understand her mind as she pours it out. We get to feel what goes on in the life of a transgender. We get to in precise walk in her shoes as she narrates the story. Jennifer Finney Boylan™*wrote this extraordinary true story, Boylan brings the humorous, fresh voice that won her accolades as one of the best comic novelists of her generation, With her unmistakable and winning point of view, she's Not There investigates the emotional outward changes and unforeseen aftereffects of life asa lady: Jenny battles the desire to eat serving of salad, while James devoured plates of ribs; gone is the solidness of “one damn state of mind, all the damn time. 18The provocative "She's not there, "by Jennifer Finney Boylan, is the winning, completely astounding story of a man evolving sexual orientations. Clever and profoundly moving, Jennifer Finney Boylan investigates the region that lies amongst men and ladies, inspects evolving companionships, and cheers in the reclaiming energy of the family. The book is about a man bearing lastly uncovers a mind-boggling mystery. As James develops into Jennifer in scenes that are by turns delicate, startling, and clever, a superbly human point of view rises on issues of adoration, sex, and the intriguing connection between our physical and instinctive selves. As analysts worried about social equity, the book helps us to keep issues to remember sex and personality forefront in our on-going responsibility regarding the value and decent variety in classrooms. From her soonest recollections, she knew that she "was in the wrong body, carrying on with the wrong life.” For Boylan correcting this wrong implied having a transgendered existence and in the long run turning into a lady. The writer's life as an essayist, teacher, and beginner attist give a dynamic photo of a transgendered individual, As Jenny's companions, associates, understudies, and relatives come into the center, the reader can additionally envision the horde ways that transgendered individual’s advance on the planet. Jenny's progress from male to female is depicted through recuperated patches of discussion and points of interest in her therapeutic care that finished with sex reassignment surgery. In "She's Not There", the creator utilizes inside the discourse to investigate her internal clashes with the way of life as a Male to Female transgendered individual and to show how bona fide self-articulation for the individuals who don't fit conveniently into sexual orientation classifications can be figured it out, On our momentum part as specialists, we find that Boylan’s book welcomes us to re-evaluate how we consider sex and sexuality crosswise over both scholastic and individual settings. We see this book as a break from more clinical reports regarding the matter or the exploitive impressions frequently found in mainstream media. ‘This book offers a more real to life description since it depends on existing participation. In this way, it can possibly bring up issues about sexual orientation parts and elevate attention to individual suspicions about sex personality. The book additionally incites discourse about underestimating convictions with respect to how sexuality and sex are 19interlaced. The ways Jenny characterizes and eventually rethinks her sex addresses the moving idea of personality. This content destabilizes sexual orientation classes and, ostensibly, refuuse them too. Jenny's life works inside and against complex social and social powers that impact personality advancement, Discussions identified with gentility and manliness are suitable expansions of this book. Jennifer Finney Boylan investigates the wonderful domain that lies amongst people, inspects evolving kinships, and celebrates in the recovering intensity of the family. Jenny's story calls the reader to consider the substances of a transgendered life. The book causes us to comprehend the procedure of change and what a battle that accompanies it, Jennifer helps us understand the need for diversity and inclusion, Serena Nanda® wrote the book called “Neither Man nor Woman: The Hijras of India” After foundation parts on the way of life, religion and natural status of Hijras, she treats us to four separate pictures of individual Hijras. At that point, she totals up with an intercultural examination of Hijras with other elective sexual orientation parts including the Berdache of local North America and the transs xuals of present-day Wester social orders. One fascinating point is that, albeit numerous social orders, acknowledge the uncertainty of sexual orientation by regulating a third sex part, Western culture appears to be very focused on the idea that each individual is either male or female, Indeed, even gay people and transsexuals in Wester culture are thought to be immovably of one sexual orientation or altemate, transsexuals specifically being required to declare their entire recognizable proof with their non-birth sex before being considered for surgery. The possibility that people could have blended or elective sexual orientation characters, albeit regular in many societies, is very unfamiliar to the West. Sheer competency in Nanda’s work is timely and flawless. She picks out points and simply chums them to the reader. There is a mixed presentation of a personal opinion based on experience and also scientific data from the writer's research work. 20The Hijra views collected by Nanda ate that Hijras are born Hijras. Older Hijras identified some of them when celebrating their births. Some felt they were Hijras and went to join their “own kind.” Not a few were impelled by labeling of non-Hijras, but they conceived this as recognition rather than the formation of their nature. While some Hijra no doubt devotes themselves entirely to their sacred callings and abstain from sex, Hijras told Nanda that they had sexual desires, though none for ‘women. For instance, Lalitha: “We are all men, born as men, but when we look at a woman, we don’t have any desire for them. When we get men, we love them, we feel nervous, and we feel some enjoyment”™Some come to like sexual receptivity initially experienced as coercion, Others find it a relatively easy, relatively lucrative source of income. Some find partners, and others attempt to dodge sex completely, mainly as age reduces their market and income. This book takes a long stride, as contrasted with other books reviewed to look at a trans-life in detailed research. It gives a great overview of what we can dig up to comprehend concerning the Hijra community Prakrit Amara Das Wilhelm wrote Tri People of the Third Sex Understanding Homosexuality, Transgender Identity, and Intersex Conditions through Hinduism, a book explaining Vedic Hinduism traditional accommodation of gender minorities in society. Wilhelm also writes about Hindu perceptions for the Religious conviction and Belief of the Human Rights Movement. Based totally upon real Sanskrit references and current concurrencies, the book guides us through the first Hindu idea of "third sex” (characterized as gay people, transgender and the intersexed), how such individuals were helpfully consolidated into antiquated Indian culture, and how remote impacts, in the end, disintegrated away that honorable framework. It talks about how this idea can be for all intents and purposes connected in the present current world, the significance of comprehensiveness in human culture, and the profound standard of figuring out how to rise above material 25 Ammo Wi, ity Pkt: elie Ted So: Uden Hemi, Tae eC Th kin 2assignments out and out. It offers a veritable fortune trove of new data and thoughts that will probably challenge the reader to rediscover and reevaluate Hinduisms conventional comprehension and treatment of gay, lesbian, and other sexual orientation variation individuals inside its way of life. Gay and lesbian people have always been a part of society from Vedic times to our postmodem times. They should be accepted for what they are in terms of their sexual orientation and encouraged like everyone else to pursue the spiritual life” - B.V. Tripurari Swami."* “Initially, I did not really allow myself to go deep in trying to understand the third sex. I figured that this was necessary only for those who are insensitive, arrogant and fundamentalist. Who thinks that they are compassionate and tolerant while ba ally being superficial and even condescending? It is quite amazing how most of us can be so prejudiced about so many things and not even know it. I thank you and several others for your compassion and for your tolerance in making efforts to educate your God, family, so that we can be more authentic servants of the servant” « H.H. Bhakti Tirtha Swami.” “Gayatri Reddy™wrote With Respect to Sex: Negotiating Hijra Identity in South India.” With Respect to Sex is a close ethnography that offers a provo record of sexual and social distinction in India, The subjects of this examination are Hijras or the "third sex" of India individuals who have a fascinating, liminal space among male and female, sacred and befoul. The subjects of this examination are Hijras or the "third sex" of India, individuals who have an outstanding, liminal space among male and female, sacrosanct and spoil. Hijras are men who relinquish their genitalia to a goddess as a final product of the capacity to introduce readiness on affection flying creatures and new-considered {1 Hts Teta en neve eel ping ny omni esis fr Kishen Ceca He weigh A 22children, a custom part they are respected for, meanwhile, as they are slandered for their obscure sexuality. By concentrating on the Hijra people group, Gayatri Reddy reveals new insight into Indian culture and the complex arrangements of personality crosswise over different areas of regular daily existence. Further, by refraining Hijra personality through the nearby economy of regard, this ethnography features the unpredictable connections among neighborhood and worldwide, sexual and moral, economies. Susan Stryker and Stephen Thomas Whittle“ write “The Transgender Studies Reader” is a collection of strands of scholarship, placed in a manner that makes them much easier to be used for teaching and research purpose. There are two volumes which complement cach other, with explanatory headnotes for each essay, and bibliographic suggestions for further reading. Transgender research is the most recent territory of scholastic request to become out of the energizing nexus of eccentric hypothesis, women's activist examinations, and the historical backdrop of sexuality. Since transgender individuals challenge our most essential presumptions about the connection between bodies, want, and character, the field is both captivating and combative. By joining the voices and experience of transgender individuals, experts, clinicians, and educationally based researchers, this volume will be an establishment content for the transgender gathering, transgender examinations, and related unusual theory Janet Mock wrote the book called Redefining Realness: My Path to Womanhood, Identity, Love & So Much More builds up herself as a reverberating and helpful voice for the transgender community and anybody fighting to describe themselves all alone terms. With unforced genuineness and moving exposition, Janet Mock transfers her encounters of growing up youthful, multiracial, poor, and ‘Trans in America, offering the reader an open dialect while bestowing imperative knowledge about the interesting difficulties and vulnerabilities of a minimized and misjudged populace. Despite the fact that without a doubt a record of one lady's journey for self 23no matter what, Redefining Realness is an effective vision of probability and self- acknowledgement, driving every one of us toward more prominent acknowledgement of each other and of ourselves demonstrating to as at no other time generally accepted methods to be proud and genuine. Living Smile Vidya"describes the importance of literature to fight depression and overcome fear in her autobiography. In the process, she tried to hide her femininity due to the non-acceptance of a Transgender in society. It is not about the acceptance or non-acceptance of a transgender in the social system, but the way society treats them, Bina Fernandez’s**handbook is a compilation of a series of other work describing different author's research papers on gay and lesbian rights, and bisexuals in India, Rajesh Talwar“in his book Third Sex and Human Rights exhibits a similar investigation of the human rights mishandle and lawful issues looked by individuals from the third sex in India, difficulties in regards to marriage reception and sexual status, with significant and vital archives, petitions field testing the eriminalization of homosexuality, and concentrates from global human rights treaties for human rights activists, social researcher, attorneys, concerned subjects. Deydutt Pattanaik“in his book called “The Man who was a Woman and Other Queer Tales from Hindu Lore” This is an assemblage of conventional Hindu stories which includes current affairs sexual change and sex transformation. Notwithstanding the intriguing stories, one will likewise discover an examination of the comprehensiveness of strange accounts with cases from Greek legend and Irish fables a correlation of the Hindu worldview to the scriptural worldview a gander at how Hindu sacred writing reacts to eccentric sexuality a discourse of the Hijras, prominently {2 nce “in Reh Lah yt ea in 9 Inn Ce ie Le 24accepted to be the "third sex" in India their plausible cause, and how they fit into Hindu society. Ruth Vanita’s"first book of its kind to analyze same-sex marriages and same~ sex couple suicides in India today, examining these wonders both with regards to the universal open deliberation on gay marriage and with regards to over a wide span of time Indian and Euro-American social portrayals of same-sex union. Ruth Vanita and Saleem Kidwai'wrote Same-Sex Love in India offer an eloquent range of writings spanning more than two thousand years of Indian literature. This book reveals that same-sex love increased, developed and comprised of different forms since olden times. This book explains the existence of homosexuality in Indian culture. Beside historical value, it is giving an opinion on a legal and psychological aspect of homosexuality in India. Manobi Bandopadhyay*in her book called “A gift of goddess Laxmi (a candid biography of India’s first transgender principal)” describes the unexpected joumey of a transgender to define her character and established different criteria of success. In the present biography, Manobi tells the moving story of her transformation from a man to a woman; about how she continued to pursue her academics despite the severe disturbances and continued till she becomes the principal of the college. And in doing so, she did not just define her own identity, but also encouraged her entire community. Jyoti Puri in her book called “Sexual States: Governance and the Struggle Law in Int over the Antisodomy (Next Wave: New Directions in Women's 25Studies)"*in this book, the author describes the struggle of Naz Foundation to dectiminalize homosexuality in India of Section 377 of the IPC. The author also explains in detail her interactions with the LGBT groups and various public and private institutions. Yashwant Naik*wrote the book called “Homosexuality in the Jurisprudence of the Supreme Court of India” This book reflected the Indian Supreme Court’s jurisprudence on the Legal Recognition of homosexuality, same-sex marriages and their right to found a family, asking specifically how the needs of LGBT! persons had been met by the Supreme Court. The work evaluated the Court’s jurisprudence on homosexuality, the Court’s recent situation on homosexualit and the legal recognition of same-sex relations. The book also studied the laws on homosexuality, especially under Indian Constitution Articles 14,15,19,21, Human Rights Act, and international human rights conventions for the protection of the LGBTI community. Present Book also studied the jurisprudence of the Supreme Court of India on homosexuality and matters regarding same-sex families in the direction to regulate how their necessity for safety and legitimate recognition. For achieving this Author suggested the application and enforcement of the principle of equality and non-discrimination enshrined in human rights laws to matters pertaining to sexual orientation and gender identity. The writer of this book puts light on the international jurisprudence of discrimination against the LGBT community. ‘The writer also discusses the Hijra community in India, ‘The Hijra (transgender) community of India is the best illustration of a non-biological family and Kinship system, which excludes blood and marriage relations. The Hijra community is divided into seven hou: es. The heads of these houses within a particular region form a Jamat (group) as commonly addressed by the Hijras. 26The writer also pointed to the high level of legal discrimination and violence towards LGBTI Indians. It looks into the concrete instances of discriminatory practices affecting the daily lives of homosexuals in India, which include the maltreatment of gay men by police, the prohibition of same-sex marriage and non-recognition of same- sex partnerships and the impact of negative media images, among others. It is argued laws in India, the education of L that besides legal reform of domestis TH rights and of sexual orientation, in general, must be developed and encouraged. Despite India’s State obligations to international conventions, there is a high level of legal discrimination and violence towards LGBTI Indians. Therefore, relevant articles (Articles 14, 15, 19 and 21) of the Indian Constitution are emphasized alongside their scope in protecting human rights, illuminating the level of agreement between the Indian Constitution and international human rights conventions in the context of the promotion and protection of LGBTI persons. Also, analysis about the various judgments of Supreme Court of India about Section 377 of IPC, NAZ Foundation v. NCT of Delhi, in 2009, the Delhi High Court held that S tion 377 of the Indian Penal Code, which criminalizes sex between adult homosexual men, was unconstitutional. Finally, this book points out the Court's conflicting approach was elaborately explained through the progressive landmark decision NALSA v. Union of India in which transgender persons were conferred all fundamental rights and granted the status of “third gender’ The book called “New Intimacies, Old Desires Law, culture and Queer Polities in Neoliberal Times” edited by Dipika Jain and Oishik Sircarin recent past, there is great progress in the rights of LGBTI community. Many queer movements got su in the same period. This book scrutinizes laws, different states policies and cultures to explain how relationships between queer sexuality. 27Gautam Bhatia‘lin his Blog post “Civilization has been brutal”: Navtej Johar, Section 377, and the Supreme Court’s Moment of Atonement discussed the homosexuality cases in India. In Justice K.S. Puttaswamy v. Union of India, the Supreme Court declared that privacy was a fundamental right under the Indian Constitution. In Navtej Johar v. Union of India Supreme Court overruled Suresh Kumar Koushal, successfully returned the Delhi High it judgment in Naz. Foundation. 1.2.7 The Kind of Conclusions Expected and their Possible Value Issues faced by the transgender people cannot be addressed singularly by the amended laws. Nevertheless, itis an important move in the right direction because legal recognition can bring about greater social acceptance and community integration per se. Thus, we need to change our perspective towards this community and give them respect and space. The researcher would like to suggest some progressive measures for this, community. a) Make awareness in the society about the transgender community's individuality b) Provisions in various administrations to provide different facilities like getting land and houses, separate hospital rooms, public washrooms and reservation of seats in educational institutions, etc. ©) Awareness in Media about their identity and status will help to solve their problems. 4) Help transgender communities with financial support and extra funding to open NGO ot various community institutions.1.2.8 Important Takeaways / Expectations of the Research: 1.2.8.1 For the Publie: a) To improve the socio-economic relationship between the transgender community and the general society. b) To improve their living standards through awareness which reduces discrimination and abuse? 1.2.8.2 For Law Enforcement Agencies: a) Accurate Rules and regulation through the legislature for better and equal opportunity in social and economic matters. b) Aneefficient Enforcement of Law regarding gender issues, 1.3 Limitations 1.3.1 Limitation on the researcher a) Some LGBT people I interacted with were hostile. This made getting firsthand information hard. Nevertheless, most were kind and welcomed the idea of the research and were very co-operative. b) Asa researcher, I also felt alienated from society whenever I was seen with the transgender people. It gave me a short experience of what they truly go through their entire life. ©) It was a grueling task to pressure police officers into giving information about cases. This is because they are as well part of the problem as we shall see later 1.3.2. Limitation of time Based on the above topic, time constraint was an issue. It will take more to collect data, especially in the field. 291.4 Structure of the Thesis ‘The thesis is structured into eight chapters. The first chapter provides a general introduction and an overview of the all thesis. It gives a preview of the issues to be studied, The second chapter gives a brief history of the transgender, their struggle for identity and position in society. The third chapter talks about the international perspective of the research. It describes Intemational declarations, International Covenants, Yogyakarta principle, International Laws, and Statues. The Forth chapter talks about the Indian legal aspect of the research it describes provisions in the law through bills, Acts, Declarations, and Covenants and Principles on the transgender. The Fifth chapter, based on Judicial Reviews of the rights of ‘Transgender gives a doctrinal study where Case Laws are reviewed. Here, the researcher studied landmark, cases which are a turning point in the lives of the transgender and LGBT in general. The Sixth chapter describes “Critical and Comparative Analysis.” Issues of the transgender people in countries like USA, Canada, UK, and India are put side by side for comparison after a critical study, with a legal perspective. The Seventh chapter brings about “Empirical Study” of the topic where fieldwork and other data collection methods were used. Interviews, observations, and data analysis are some of the tasks carried out here. The conclusions from chapter i bring the thesis to an end with a flashback of major points, suggestions from the researcher, and a conclusion.1.5 Conclusion This chapter provides a general introduction and an overview of the all thesis, It gives a preview of the issues to be studied, analyzed and researched as per the objective of the study. It goes ahead and raises serious questions to the audience concerning the legal system, the law enforcers, and the general public concerning the transgender people. In this chapter, the relevant literature was reviewed and various concepts and views related to the present research were evaluated. National and international books from various authors were studied and reviewed with relevance to the research work, Books related to the Transgender issues were of the main focus. Others on same-sex marriage relationship and other related factors were also considered for the review. Most notably, the work in this chapter is the first-hand experience on the ground of notable transgender individuals, activists, and bespoke authors. This chapter hence is a great seedbed on which the succeeding Chapters will find the reason for justification in the research work. This introductory chapter gives the audience a blueprint of the structure of the thesis while providing a platform for other chapters.