This article is written by Sonia Balhara, from Sushant University, Gurgaon. This article deals with the rights which are given to the transgender or third gender under various acts. 

Introduction

Marriage is believed to be one of the most important aspects of one’s personality, both economic and legal. The institution of marriage, which is a legally recognized and legally defined relationship between two persons, has a great social significance, as it greatly enjoys rights and obligations, especially those of property, succession, inheritance and related rights, ultimately from the institution of marriage. Today, marriage is not only a respected social right for all members or citizens of the state but also a national and international concept. It is for this reason that it can be said that the enforcement of marriage as a human right is important to the government, especially about all those laws and policies from which it is derived, and, also, to regulate the institution of marriage. In this article, we are going to deal with the rights of transgender’s marriage rights, and also the rights which are given to the transgenders.

Understanding the term transgender

Transgender people are those whose personal identity is different from the gender he or she was supposed to be born with. “Trans” is often used as a shorthand of transgender. At birth, doctors often say that we are male and female and support our physical appearance. The general public who were labelled male at birth prove to be men, and the general public who were labelled female at birth mature to be women. But some people’s identity has their innate knowledge of who they all they’re and are different from what was initially expected after they were born. Most of those people describe themselves as transgender. Transgender women live as a woman today but were thought to be male when she was born some as a transgender man live as a man today but were thought to be a female when he was born. Often some transgender people identify as neither male nor female nor as a mix of male and female. There is a range of terms that individuals who aren’t entirely male or entirely female use to explain their individuality, like non-binary or genderqueer.

Transgender rights in India

Transgender people are people of any age or gender their appearance, personal characteristics, or personality are different from the extreme views of how men and women ‘should’ be. Transgender people have been present in all cultures, races, and classes since the story of human life was recorded. The modern term ‘transgender’ originated in the mid-1990s from a populist society. In modern usage, transgender has become the term ‘umbrella’ used to describe many identities and experiences, including but not limited to homosexuals; male and female transgender (sometimes called ‘transvestites,’ ‘Drag queens’); people of the opposite sex; with men and women, regardless of their sexual orientation, their appearance or their features are considered to be nonviolent. In a broad sense, transgender includes anyone whose identity or character is outside of stereotypical sexual practices that include people who do not identify themselves as transgender but are perceived as a result, face the same social pressures and physical violence as those identified in any of these categories. Other similar transgender words include ‘gender diversity,’ and ‘gender non-conforming’. 

In India, there are dozens of social and cultural groups of transgender people such as hijras/kinnars and other transgender identities such as shiv-Shaktis, jogats, jogappas, Arachis, Sakhi, etc. However, these social and cultural groups are not the only people passing by, but there may be non-groups but transgender individuals. 

Rights of transgender under the Constitution of India

The preamble to the Constitution enshrines justice – social, economic and political equality.

The first and most important right therefore to those who deserve the right to equality under Article 14 states that the state does not deny any individual equality before the law or equal protection before the law. Article 15 deals with the prohibition of discrimination based on religion, race, nationality, gender or place of birth. Article 21 guarantees the right to privacy and personal dignity to all citizens. Article 23 which states the prohibition of human trafficking as beggars and other similar forms of forced labour and any violation of these provisions would be a criminal offence.

The Constitution provides for a fundamental right to equality and does not tolerate discrimination based on sexual orientation, sectarianism, religion or belief. The Constitution also guarantees political rights and other benefits to all citizens. However, third parties (transmitters) continue to be discriminated against. The Constitution guarantees equality in all spheres but the key question is whether it is being applied. As per the constitution, most of the protection under the Fundamental Rights Chapter is available to all persons with certain rights limited to citizens only. Without this section, the Constitution does not discriminate between right holders.

But official identity documents provide a public identity. Of the instruments in which the Indian state defines humanity, gender identity is the most important and inevitable category. A gender-based identity document is an integral part of public ownership as required by the Indian state. India’s policy of accepting only bisexuality and refusing to accept hijras as women, or as a third party (if the hijra demands), deprives them of many rights that Indian citizens take for granted. These rights include the right to vote, the right to own property, the right to marry, the right to claim ownership of a passport and a share card, a driver’s license, the right to study, employment, health, and more. Such a reduction separates the hijras from the fabric of Indian society.

Problems faced by the transgender people

The major problems facing the transgender community are discrimination, unemployment, lack of educational institutions, homelessness, lack of medical facilities: such as HIV care and hygiene, depression, hormonal overdose, tobacco, and alcohol, penectomy, and marital problems, and adoption. In 1994, transgender people gained the right to vote but the task of issuing voter IDs was held to a male or a female question. Several of them have been denied cards with their favourite sex categories.

Other areas where this community feels neglected are the property or adoption of a child. They are often pushed to edge as an outcast and many may end up begging and dancing. This is, after all, human trafficking. Sometimes he loses all means of sustenance, and even acts as sex workers to survive. Transgenders have limited employment opportunities. Transgender has no access to bathrooms in public spheres. Lack of access to bathrooms and public spheres reflects the stigma attached to change when accessing individual facilities and services. They face similar problems in prisons, hospitals, and schools.

Many families do not accept when their son begins to behave in ways that are considered feminine or inappropriate in the expected gender role. As a result, family members may threaten, scold or attack that individual for behaving like a girl or a woman. Some parents may deny and dismiss their child for violating the rules and regulations of the community and for not fulfilling the roles expected of a boy. Parents can offer several reasons for doing so like bring shame and disgrace to the family; reduce the chances of their child marrying a woman in the future and thus end their generation (if they have no male child), and that child’s inability to care for the family. Therefore, women who have passed away may find it difficult to claim their share of the property or to inherit it legally. In some cases, a child or young person may decide to run away from a family who may not be able to tolerate discrimination or may not want to disgrace his or her family. Some of them may eventually be uneducated and thereafter, find it difficult to find employment. Some members of the community are ridiculed by people of the opposite sex as ‘different’ and even hostile. Even from the police, they face physical and verbal abuse, forced sex, extortion and construction materials; and arrested on false charges. 

Hijras face discrimination even in health centres also. The forms of discrimination reported by hijras/transgender communities in health centre settings include the deliberate use of masculine pronouns in dealing with hijras; register them as ‘man’ and admit them to man’s wards; humiliation associated with standing in line for a man; verbal abuse by hospital staff and patients; and the lack of compassionate and trained health care providers in providing treatment/care to referral and the refusal of medical services. Discrimination may be due to transgender status, sexual orientation or HIV status or a combination of these.

The department of Social Development offers a variety of social programs to disadvantaged social and economic groups. To date, however, there are no specific schemes available for hijras other than certain rare conditions for the provision of Aravanis in Tamil Nadu. The state of Andhra Pradesh instructed the Ministry of Social Development to consider ‘Hijra’ as a minor and provide them with welfare programs. Valid procedures and the requirement of address proof, proof of identity, and income certificate also prevent eligible people from using existing schemes. Also, many Hijras/transgender communities know a lot about the social programs available to them. The department of Social Development in Tamil Nadu has recently established the ‘Aravanigal/transgender Women Welfare Board’ to address the social problems of Aravanis/Hijras. No other government has imitated this move so far.

Supreme Court judgment on transgender people

The judgement includes people who want to identify the third sex and people who want to change from one ownership to another, that is, male or female or vice versa. The court has instructed Centre and State Governments to grant legal recognition to gender identity, whether male, female or third gender.

• Legal recognition of the gender: In understanding the third category of gender, the Court has ruled that fundamental rights are available to third parties in the same way as men and women. Also, third-party sexual harassment in both criminal and social norms such as those relating to marriage, adoption, divorce, etc. It discriminates against members of the opposite sex.
• Legal recognition of people transformation with men/female binary: In terms of how the actual recognition process will take place, the court simply stated that they prefer to follow the human mind and use the ‘Psychological Test’ as opposed to the ‘Biological Test’. They also declare that insisting on Sex Reassignment Surgery (SRS) as a form of sex change is illegal.
• Public Health and Sanitation: Centre and State Governments have been instructed to take proper dimensions to give medical care to Transgender people in the hospitals and also produce them with separate public toilets and other amenities. Further, they have been guided to move separate HIV/ Sero-surveillance actions for Transgenders.
• Socio-Economic Rights: Centre and State Governments have been asked to provide the society with several social welfare policies and to manage the society as socially and economically backward classes. They have also been asked to stretch reservation in educational institutions and for public appointments.
• Public disgrace and public awareness: These are the broad indicators of the Centre and States government of the country are requested to take steps to inform the public so that transgender as untouchables; take steps to restore their dignity and place in society, and we are dealing with issues such as fear, embarrassment, sexual dysphoria, social pressure, depression, suicidal ideation, and social stigma.
• Challenging Section 377: The judgment disclaims the findings of the Supreme Court in Suresh Kumar Koushal case in different ways. The key points include:
  • The judgment notes that Section 377, although related to certain sexual acts, has identified certain identities, including the Hijra. It also states that Section 377 has been used as a means of harassment and physical harm to hijra and transgender people. The judgment only says that this amounts to a misuse of the Section as against what it dictates, thus refusing to meaningfully apply a fundamental rights analysis thereto. Now we’ve got a contradictory finding.
  • It argues against Koushal’s infamous ‘minuscule minority’ argument noting that transgenders, while insignificant in numbers, are still masses and thus they need every right to enjoy their human rights.
  • The Court finds that discrimination on grounds of sexual orientation and individuality violates Article 14 which transgenders are extremely prone to harassment, violence and sex crime publically spaces, reception and in jail, also by the police. If we are to read this with their finding that Section 377 is employed to harass and physically abuse transgender persons, we will link that Section 377 fails the test of equality under the Constitution.

Position of transgender marriage in India

The sex of a person who is different in that person’s sex, scientifically, is not limited to a living state of existence as a man or a woman. The concept of sexuality is not only related to a person’s physical features but also includes subtle psychological factors and unique social media considerations. Thus, sex is an interdependent umbrella term that encompasses many different sexual orientations between the two poles of men and women. From ancient times, Vedic and Puranic writings have noted the existence of three sexes, viz. male sex, male and female sex and Tritiya Prakriti or third party. The third category of sex, commonly called the hijras, in India, can be described as a natural combination of male and female characteristics in such a way that they cannot be distinguished internally. The distinction of different male and female binary options, i.e. male and female. Hijras are not men who look physically, and mentally they are also not women, although they are as women but do not have female reproductive organs and do not menstruate.

According to Hindu tradition, the Hijra was revered in the community and held a special place, for it brought blessings in such good times as marriage or the birth of a child. In time, however, this hierarchy of the Hijra community declined and was reduced to dust and imprisoned. During the British Empire, a third of the men were likened to a deadly disease that could strike society. As a result, the Criminal Tribes Act was established in 1871, which gave the government the power to arrest third parties sexually only for fear of immoral acts. During this time the intersex Hijra community rose sharply into the hands of law enforcement agencies that abused their power. Finally, the Act was repealed in August 1949; however, the foul noises of the law continued. Hijras have deprived of fundamental rights guaranteed under Part III of the Constitution of India and are frequently abused. Often, to this day, society avoids them and makes fun of people from the third gender community. Strong discrimination is directed at them because of their nature or transsex. As a result, they joined the hijra community in secret and were discriminated against. But even when they live under a guru-chela system there, again, they have to be submissive and submissive, in this case to the authorities.

Laws for a marriage of a transgender

Marriage laws throughout the country are changing rapidly as a result of changing public opinion and attitudes on various issues around them, including gender and sexual orientation. New laws and policies replace old and outdated; this could create various legal challenges as provinces try to keep pace with the pace of change.

The landmark Supreme Court judgement in Obergefell v. Hodges approved same-sex marriage in the United States. Before this important decision, transgender people often faced a variety of legal issues in their marriage. For example, those who engage in premarital sex are more likely to enter into same-sex marriages, such as same-sex marriage. However, they may face other challenges when entering into or living in same-sex marriages (for example, when one partner in a same-sex marriage changes between marriages). This can have various effects on a wide range of areas such as employment, housing, hospital visits, and insurance policies.

Typically, transgender people have a different gender identity (and/or express their gender differently) from the sex listed on their birth certificate. Transgender people may or may not decide to use hormones or undergo surgical procedures to change their true identity. As part of their transformation process, some transitional transitioners change their official names and, in some states, may legally change their gender on birth certificates and driver’s licenses.

Before same-sex marriage equality, and transgender marriages could be affected:

• Limitations regarding a person’s current gender in official documents.
• Prohibition on building a “same-sex” marriage.
  • For example, this could affect a transgender woman who is not allowed to marry a man in a province who does not see a change in gender and treats him like a man. 
  • However, this type of ban can also affect a transgender woman who is not allowed to marry a woman in the province who has embraced gender change and treats her as a woman. Some states have done the opposite of their ban on same-sex marriage to address this issue.

• Potential termination of existing marriages between a man and a woman if one partner has had sexual intercourse before or during the marriage.

Currently, marriage between two adults in the U.S. you no longer need each person to be of the same sex or to have the same sex. Because of this, transgender people no longer need to prove that they are of the same sex or that someone else is getting married. However, there may still be several situations in other places where various issues can arise.

For a transgender person who is considering parenthood, you must know a few legal issues that may arise regarding parental rights. For example, you might consider contraception, adoption, or natural birth, and these are all procedures that have different legal effects. Additionally, in cases where parents leave as transgender or transgender after adoption, the ex-spouse may use that parent’s identity as a basis for challenging, limiting or denying custody of the child or visiting.

While some of the challenges of parenthood have been enhanced by the Supreme Court’s legalization of same-sex marriage for transgender married parents, the challenges may still lie with the unmarried or in a domestic partnership. Judges often do not have a good understanding of copyright issues, and they have an inconsistent criminal law body that can be used as a guide.

Does the definition of ‘bride’ under the Hindu Marriage Act, 1955 includes a marriage between a man and a transgender

A landmark judgement, the Madurai Bench of the Madras High Court has upheld the right to marry for transgender persons. The court in its judgement held that a person who is born as intersex but recognises herself as a woman should be discussed as “bride” under Section 5 of the Hindu Marriage Act, 1955. The directing that the marriage within a male and the transwoman be recorded under the act, Justice G.R. Swaminathan in his ruling held that a transexual was also a “bride” and the term applied in the Act would not significantly indicate only to a woman. “A marriage consecrated between a male and a transwoman, both are having Hindu religion and it will be a valid marriage under Section 5 of the Hindu Marriage Act, 1995 and the Registrar of Marriages is obliged to record the same. By holding so, this court is not developing any new ground. It is simply stating the obvious. Sometimes to see the obvious, one wants not only physical sight in the eye but also love in the heart”.

Facts of the case

The couple, Arun Kumar and Srija submitted a notice for registration of their marriage under Rule 5 (1) of the Tamil Nadu Registration of Marriage Rules in Form 1 before the Joint Registrar, Department of Registration. They requested the High Court after the registration officials rejected to acknowledge and register their marriage.

Even though the village administration officials had previously testified that the marriage between the two had solemnized in a temple, the registration administrator based his refusal on the stand that the marriage between Arun Kumar and Srija could not be known as the latter was a transgender person.

The court distinguishes gender and sex

Justice Swaminathan revived the principle announced by the Supreme Court in NALSA v Union of India [(2014) 5 SCC 438] on the third gender and held that:

“Sex is not the same as gender both are different. Human sex is determined biologically at birth. Not so with the sex industry. That is why after fully discussing international human rights in this regard, the Hon’ble Supreme Court held that Article 14 of the Indian Constitution guarantees that the state will not deny the equality of “any person” before the law or equal protection of laws within the territory of India and for converts too. Transgender non-male/female persons fall under the term ‘person’ and therefore have the right to legal protection in all spheres of government as enjoyed by another citizen of this country. Discrimination based on gender or sexual identity, therefore, violates the equality of the law and equal protection of the law and violates Article 14 of the Constitution of India”.

Recalling the guaranteed principles in the NALSA ruling, he said gender identity falls within the scope of a person’s autonomy and involves his right to privacy and dignity. “It is not up to the State authorities to question the choice of the second applicant here, “he said in a statement to Srija.”

A transwoman is a ‘bride’ under Section 5 of Hindu Marriage Act, 1955

Under the Hindu Marriage Act, Section 5 provides the conditions of a Hindu marriage, refers to “party” as “groom”, and “bride” and does not refer to any special specification of gender. Section 5 reads the following:

The Status of Hindu Marriage. A marriage can be solemnized between any two Hindus, if the following conditions are met, namely:

1. Neither party has a life partner during the marriage;
2. At the time of the marriage, not the party,
   • Is ineffective of giving valid permission of it at the end of unsoundness of mind; or
   • Even if they can give legal recognition that has been plagued by such mental disorders or that has been disqualified from marriage and childbearing; or
   • Has repeatedly suffered from insanity or epilepsy;
3. The bridegroom has attained the age of twenty-one years and the bride of eighteen years at the time of marriage;
4. Those involved are not at the level of the forbidden relationship unless the custom or practice that governs each of them allows for marriage between the two;
5. The parties are not each other’s subordinates unless the custom or practice which governs each other allows them for marriage between the two;

The court rejected the State’s claim that a proselyte woman could not be considered a ‘bride’ under Section 5 and stated that the word ‘bride’ occurring from Section 5 of the Hindu Marriage Act, 1955, could not have a fixed or unchangeable meaning that the court is free to apply the current meaning of an enactment or law in present-day condition”.

The court noted that once the rights of transgender people are upheld by the Honorable High Court, in the real world, they will not be protected under the Hindu Marriage Act. one can have a civil marriage. One can also have a sacramental marriage. The applicant’s marriage was celebrated in a temple. Therefore, their fundamental right under Article 25 has also been violated in this case.

Considering the light in the March law, the word ‘bride’ from Section 5 of the Hindu Marriage Act, 1955 should include not only its meaning but also a transgender woman. It could also include an intersex/transgender person who calls himself a woman. The only consideration is how one sees herself.

Ban on forced sex reassignment surgery on infants, children

The court also issued a directive to the Tamil Nadu government requesting that it issue an order opposing the rehabilitation of infants and children. The court said the children should be given time and space to find out who they are.

The Supreme Court decision was based on a complaint lodged by intersex activist Gopi Shankar at the National Human Rights Commission, which highlighted the practice of sexual rehabilitation. The NHRC has complained with the Department of Union Health and Family Welfare. The department, in response, said the surgery was performed with the consent of parents or guardians.

However, the Supreme Court called the response “strange”. “Parental consent may not be considered child consent,” the judge said. “The father and mother do not claim to be subjection or lordship with the child and in the end, the children do not belong to their parents.” The ruling added that parents should be encouraged to feel that the birth of an intersex child is not a shame.

Transgenders right to have a family

Legal issues related to parenthood

If you are transgender and wish to be a parent, your ideas may include pregnancy with your partner, the birth of another person, or the adoption of a partner or partner’s children in a past relationship. Each state follows different laws regarding independence and it is important to keep an attorney who is knowledgeable about LGBTQ matters to determine whether consensus is allowed in your country and what specific state laws about LGBTQ couples. Where a transgender parent will not be biologically related to the child, that parent needs to accept or receive parental judgment as soon as possible after the birth of the child. An agreement with your spouse will not make you a legal parent, but many courts have found that provisions that allow anyone other than the surviving parent to be kept or visited may apply to the court. This type of agreement can help articulate your goals and those of your partner.

For some same-sex couples when one of the partners is transgender, the couple may become pregnant and both are naturally related to their child. If these partners are legally married during pregnancy, the two should be considered the legal parents of the child. This means that in many countries if they divorce, they will stay, legal parents, unless the court terminates one or both of their parental rights.

However, even transgender parents who are biologically related to their children can face serious parental challenges when using productive products or when staying single. For example, if you are a transgender woman who has a child with a partner to whom you’re not married by using your sperm, under some state laws, you may be considered a donor that is non-parental.

Even transgender parents with a so-called birth certificate for their child must accept or find that the parents’ decision has been on the safe side. All states are required by the Full Faith and Credit Clause of the federal Constitution to accept court orders, such as adoption and parental judgements. This means that if you get one of these as an LGBTQ parent, it should be known in all provinces, even if the laws of that country do not allow you to accept it.

Legal family status

After the death of a spouse or other traumatic event, transgender parents may face challenges in their legal status as parents to their spouse’s relatives, especially if they are not related to the child and their mind and that their status as parents was based on marriage.

In many cases, it is thought that a child of both parents is their child when they get married. This assumption could be at high risk of being challenged in the context of same-sex marriage in provinces that did not recognize same-sex marriage before the legalization of same-sex marriage. In many provinces, the law is not properly regulated when it comes to such thinking, especially when it comes to transgender parents. An unmarried transgender parent and his or her spouse may face greater challenges than those who have children while married because of some claim that they allow for the adoption or judgment of parenthood when the couple is married. 

However, a transgender parent can take his or her partner’s children or get a parental decision to make their legal status clear. One of these will protect you if you travel to another state with a variety of criminal law. Parental judgment is a court order, which often takes less time to obtain than to receive. However, adoption is a much more understandable approach.

You should consult an experienced family law counsellor on LGBTQ issues when faced with major decisions about your family so that you can comply with any legal requirements that govern matters including assisted reproduction, adoption, and parental judgment.

Rights of transgender marriage

The fundamental right of transgender people to marry to an individual was confirmed by the Madras Court in Arun Kumar and Another v. Inspector General of Registration and Ors. The Supreme Court upheld the Hindu marriage between Arunkumar and Sreeja (a transwoman) whom the Register of Marriages, Tuticorin had previously refused to register. The reason for the refusal is that a woman will not qualify to be a ‘bride’ under Section 5 of the Hindu Marriage Act, 1955. The court looked beyond the facts of the case to address the issues of choice, personal autonomy and freedom of expression, which ultimately respected the right of transgender people. Initially, the court made it clear that a marriage contracted between a Hindu man and a Hindu woman would be legal in terms of Section 5 of the Hindu Marriage Act.

Exercising the right of sex offenders to disclose their sexual orientation, the court further stated that discrimination based on sexual orientation or gender identity could violate equality before the law and violate Article 14 of the Indian Constitution. It cited the NALSA case as saying that sexual orientation is an integral part of Human self-determination and self-determination and is subject to human rights guaranteed under Article 21. The Applicant’s choice to express his or her gender as a woman is therefore within the scope of his or her autonomy.

While this ruling there is a major legal and social step forward for transgender people, it is important to remember that it only raises the right to marry for those who perceive themselves within the sexual realm, and who are not considered as homosexual. This ruling by no means, doe not authorise same-sex marriage and LGBTQIA, as well as people in same-sex relationships, have not yet been granted the basic right to marry under Article 21 of the Indian Constitution.  

Landmark Judgements

National Legal Services Authority (NALSA) v. Union of India

Facts

This case was filed by the National Legal Services Authority of India (NALSA) to lawfully identify persons who fall outside the male/female gender binary, including persons who are known as “third gender”.

Issues and Decision

The court should have ruled that people crossing the banner of men and women could be legally recognized as “three-sex” people. It is considered whether disregarding the identity of the non-binary sex is a violation of the fundamental rights guaranteed by the Constitution of India. It is referred to a “Transgender Dispute Resolution Committee” formed under the Department of Social Justice and Empowerment to improve its decision. This was a landmark decision in which the high court officially adopted the gender/gay and lesbian parties for the first time and discussed in detail the gender identity. The Court recognizes that persons of the same sex are entitled to fundamental rights under the Constitution and international law. Also, it has instructed state governments to establish mechanisms to enforce “third-party” rights/transit persons.

Define “third gender”

The Court upheld the right of everyone to have sex. Also, it declared that hijras and eunuchs could officially identify as “third sex”.

The Court clarified that gender identity does not refer to biological factors but rather defines it as a “natural view of human sexuality”. Therefore, it held that no third party sex should be tested in any medical examination or biological examination that would infringe on their right to privacy.

Fundamental rights

The court has interpreted dignity under Article 21 of the Constitution to include distinction in self-expression, which allows a person to live a dignified life. It places gender identity within the framework of the fundamental right to dignity under Article 21. Also, it noted that the right to equality (Article 14 of the Constitution) and freedom of speech (Section 19(1) (a)) is created in a gender-neutral manner. As a result, the right to equality and freedom of speech shall prevail.

It drew attention to the fact transgender people were subjected to “extreme discrimination in all spheres of society” which was a violation of their right to equality. Also, it included the right to express one’s sexuality by dress, words, action, or conduct under the freedom of speech.

Under Article 15 and 16, “sex” discrimination is not permitted. The Court held that “sex” here refers not only to biological markers such as chromosomes, genitals and secondary sexual characteristics but also to includes “gender” (based on one’s perception). Therefore, the court held that discrimination on the grounds of “sexual misconduct” included discrimination based on gender identity. Therefore, the court held that transgender people have a right to fundamental rights under Article 14, 15, 16, 19(1) (a), and 21 of the Indian Constitution. Also, the court addressed international human rights treaties and the Yogyakarta Principles on Human Rights.

Moreover directions

The court held that public awareness programs were required to address discrimination against transgender society. It also directed Central and State government to take several measures to develop transgender society, including:

1. To arrange for the legal recognition of “third sex” in all texts.
2. Receiving third-gender people as a category of a socially and educationally underprivileged class of citizens”, who have the right to book at educational institutions and public employment.
3. Taking steps to plan social welfare schemes for society.

K. Annapoornam v. The Secretary to Government and Others

Facts

1. Annapoornam, a transgender woman, had applied for the appointment of a Sub-Inspector of Police. In the selection process, while being included in the second phase of physical activity testing, he finally failed the sprint test. She then went to this Court with a request for review citing the case of Prithika Yashini, a transgender woman, who had also applied for the post of Chief Inspector and had exceeded the required time. In this case, the court ruled in favour of the applied and ordered that he be appointed. K. Annapoornam suspects that cisgender woman deserved more sympathy than transgender persons, who were physically stronger than a cisgender woman. 

Issues

The related issues before the court were whether the denial of her initial petition was valid and whether the ruling of the Madras High Court in the case of Prithika Yashini was appropriate and suitable to the instant case?

Decision

The court ruled that a judge of the madras supreme court had rejected his application. The court further stated that in the case of Prithika, yashini, the supreme court of madras noted the high level of discrimination, faced by transgender people in the home and community. Therefore, it instructed the selection board to make different standards to measure their performance. 

The court held that since the case of Prithika yashini was about the protection of transgender people, it was not in line with the current case. It also stated whether the court should be more sympathetic to cisgender women than transgender women cannot be disputed in a written application. Request denied.

Conclusion

Studying the subject of transgender leads to the conclusion that it is a complex, diverse problem. Transgender in India posed a challenge to both economic planners and policymakers. When there is no consensus on the definition, the magnitude of the problem is anyone’s guess. Various balances make the exercise of planning useless. There is an urgent need to agree on a transgender definition. The problems facing converters are also different. All of these differences require different approaches, methods, strategies for providing different programs in different groups of transgender society. Transgender may face some form of harassment as a result of their sexual orientation or identity. The stress experienced by a person is determined by their perception of their own experience. Self-directed discrimination (because of a negative social attitude and its effect on a person’s level of depression), perceived prejudice (due to the perception of rejection and the future to bring about a state of ongoing vigilance) and concealment of a different person are distinct ideas and experiences.

A couple of the opposite sex who were later married had one partner who transitioned to the same sex as the other partner. Depending on what state law imposes on a person’s sexuality for marital purposes, it is an operation of the reincarnation or sexual change on the person’s birth certificate. Immediate marriages are a legal problem that requires immediate attention and recognition. Since marriage is a fundamental right and an important institution, the same mechanism should be developed to explicitly define “sexual” meaning for transgender marriage purposes. Some states may see a man and a woman who passed away as a man and married a woman, while other states may see the same person as a woman and then marriage to an empty woman. 

References

• https://clpr.org.in/blog/breaking-new-ground-transgender-persons-fundamental-right-to-marry/
• https://www.jurist.org/news/2019/04/india-court-upholds-transgender-marriage-rights/
• https://www.scconline.com/blog/post/2019/04/25/madras-hc-transgender-female-is-a-bride-under-hindu-marriage-act-no-impediment-in-registration-of-transgenders-marriage/
• https://theleaflet.in/transgenders-have-marriage-rights-under-the-indian-constitution-says-madras-high-court/#
• https://ohrh.law.ox.ac.uk/an-indian-high-court-recognises-transgender-individuals-right-to-marry/
• https://theprint.in/india/governance/transgenders-others-who-identify-as-women-will-now-be-brides-under-hindu-marriage-act/225545/
• https://transequality.org/issues/resources/frequently-asked-questions-about-transgender-people
• https://www.hrc.org/resources/understanding-the-transgender-community
• https://indiankanoon.org/
• https://blog.ipleaders.in/national-legal-services-authority-vs-union-of-india-case-study/
• https://translaw.clpr.org.in/case-law/k-annapoornam-vs-secretary-government-compassion/

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