International Journal For Multidisciplinary Research

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Transgender Community: Historical Perspectives, Legal Progress, and Ongoing Marginalization

Author(s) SWETHA JETTI
Country India
Abstract As per conventional norms, Gender has been categorized primarily as male and female, purely based on biological anatomy. Individuals who do not conform to this conventional norm of a biological binary, are referred to as ‘transgender’. This term encompasses all individuals whose gender identity does not comply with the societal expectations associated with their birth-assigned sex. Transgender individuals, often stereotyped as performers in local bars or beggars knocking on car windows, are part of one of the most marginalized groups in society.
Despite the constitutional provisions stated in Articles 14(equality before the law and equal protection of laws), 15(protection against discrimination), and 21(right to live with dignity), these rights remain largely unfulfilled for transgender individuals, who continue to face marginalization and social exclusion in critical aspects of life such as family, education, employment, and healthcare. This makes them vulnerable to injustice and discrimination.
Landmark judgments like Navtej Singh Johar v. Union of India, which decriminalized consensual same-sex relationships, and NALSA v. Union of India, which recognized transgender individuals rights, marked significant progress in recognizing transgender rights. However, the fact remains that the practical impact of these landmark judgements falls short due to ineffective implementation. Poor enforcement of rights compounded by deep-seated biases and lack of awareness, contribute to the exclusion and marginalization of the transgender community.
This paper highlights the daily struggles and discrimination faced by transgender individuals in their pursuit for equality and dignity. Despite the progress made in raising awareness about the sad state of transgender individuals, significant hardships continue to afflict this marginalized group. This paper explores how landmark judgments have sought to address these issues and examines the socio-legal barriers that hinder their effective implementation.
Keywords Transgender, Article 14, Article 15, Article 21, Transgenders Persons Act, Transphobia, Marginalization, Discrimination
Published In Volume 7, Issue 1, January-February 2025
Published On 2025-01-12
Cite This Transgender Community: Historical Perspectives, Legal Progress, and Ongoing Marginalization - SWETHA JETTI - IJFMR Volume 7, Issue 1, January-February 2025. DOI 10.36948/ijfmr.2025.v07i01.35003
DOI https://doi.org/10.36948/ijfmr.2025.v07i01.35003
Short DOI https://doi.org/g82gtd

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