Disparities in the Rights of Trans Community
Advocate at District Court Compound, Dehradun and High Court of Uttarakhand, Nainital, India
MBA (Marketing & Business Analytics)
Volume III – Issue II, 2021
This research paper reviews the various facets of Human Rights violation amongst the trans- community. This community has been facing considerable opprobrium and intolerance in the hands of the society. It is notable that countries like Netherlands, Sweden, Spain, South Africa, Canada, Mexican and American cities have allowed the same-sex marriage and made laws in relation to family formation but the cumulative evidences suggest that the position of this community is still vulnerable. However, beginning with the Indian Legislature, though a new act has been enacted to protect the interests of the community but it fails to cover the topics of family formation due to the reluctance of the society to offer hands to this community. A deep conceptualization of the concept of ‘sexual orientation’ expands to include this community along with the case analysis of some members of the community. The people of this community have existed throughout but, unfortunately, are not much talked about and their association with the society is more than often rejected. They face frequent objections, denied dignity and respect and looked upon as ‘sub-humans and abnormal’. Their struggle to find their ideal-selves, surviving the harsh environment they are put into ever since being born – goes unnoticed to such an extent that gets them into depression and face emotional trauma as well as stress. Depriving someone from opportunities and challenging their bare survival, questions the substantiality of ‘Human Rights Dogma’ and proper and thorough moral ambition.
At a minimum, this research paper explores the loopholes in the Transgender Persons (Protection of Rights) Act, 2019, hardship, social exclusion, psyche of the transgendered people, violation of human rights; transition in the position of their status along with inclusion to make efforts to embrace their identity which have been forgotten by the human civilization. More ambitiously, aims to ground a new jurisprudence of Trans Rights that better reflects the social goals and needs in contemporary Indian Law.
Keywords: Transgender Persons (Protection of Rights) Act, 2019, Human Rights, violation, trans- community, emotional trauma.